VETERANS HEALTH CARE AUTHORIZATION ACT OF 2009

Duncan Hunter National Defense Authorization Act for Fiscal Year 2009/Division A/Title VII

The two Secretaries may on a case-by-case basis waive elements of the schedule if they jointly agree that such a waiver is in the best interests of both Departments. B Under any such agreement, an individual who is a primary beneficiary of one Department may be provided health care, as provided in the agreement, at a facility or in the service region of the other Department that is a party to the sharing agreement. C Each such agreement shall identify the health care resources to be shared.

D Each such agreement shall provide, and shall specify procedures designed to ensure, that the availability of direct health care to individuals who are not primary beneficiaries of the providing Department is i on a referral basis from the facility or service region of the other Department, and ii does not as determined by the head of the providing facility or region adversely affect the range of services, the quality of care, or the established priorities for care provided to the primary beneficiaries of the providing Department.

E Each such agreement shall provide that a providing Department or service region shall be reimbursed for the cost of the health care resources provided under the agreement and that the rate of such reimbursement shall be as determined in accordance with paragraph 2. F Each proposal for an agreement under this paragraph shall be effective i on the 46th day after the receipt of such proposal by the Committee , unless earlier disapproved, or ii if earlier approved by the Committee , on the date of such approval.

G Any funds received through such a uniform payment and reimbursement schedule shall be credited to funds that have been allotted to the facility of either Department that provided the care or services, or is due the funds from, any such agreement. A The guidelines prescribed under subsection e and any revision of such guidelines.

B The assessment of further opportunities identified by the Department of Veterans Affairs- Department of Defense Joint Executive Committee under subsection d 3 of section of this title for the sharing of health-care resources between the two Departments. C Any recommendation made by that committee under subsection c 2 of that section during that fiscal year. D A review of the sharing agreements entered into under subsection e and a summary of activities under such agreements during such fiscal year and a description of the results of such agreements in improving access to, and the quality and cost effectiveness of, the health care provided by the Veterans Health Administration and the Military Health System to the beneficiaries of both Departments.

E A summary of other planning and activities involving either Department in connection with promoting the coordination and sharing of Federal health-care resources during the preceding fiscal year. F Such recommendations for legislation as the two Secretaries consider appropriate to facilitate the sharing of health-care resources between the two Departments. Such status report shall indicate the status of such sharing and shall include appropriate data as well as analyses of that data. Would give members of the Armed Forces serving in combat operations a free monthly postal voucher they can transfer to their loved ones, who can then send a letter or package to them at no cost.

Revised Would direct the Defense Secretary to submit a report to Congress on the ballistic missile threat of the Islamic Republic of Iran, including an assessment of the United States's strategy to address this threat. Would require the Defense Secretary to report to Congress on the potential effects of expanding the list of persons under 10 U. Would exempt from FOIA any photographs of detainees in military custody captured, detained, or engaged by U.

Armed Forces in operations outside of the United States. It would apply to photographs taken between September 11, , and January 22, , if the Defense Secretary certifies that disclosure of the photos would endanger American lives. The certification can be renewed every 3 years. Would provide that section of the Energy Independence and Security Act of Public Law does not prohibit an agency from entering into a contract to purchase a generally-available fuel that is not a synthetic fuel or predominantly produced from a non-conventional petroleum source if the contract does not specifically require such a fuel.

The purpose of the contract is not to obtain such a fuel, and the contract does not provide incentives for upgrading or expanding refineries to increase fuel from non-controversial petroleum sources. Would protect servicemembers and their families from early termination fees on family cellular plans should they have to relocate out of the service area due to deployment or change of station orders.

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Would require the Secretary of Defense to carry out a study and submit to the congressional defense committees a report on the distribution of hemostatic agents to ensure each branch of the military is complying with their own policies on hemostatic agents. Also expresses the sense of Congress that all members of the Armed Forces in combat zones should carry life-saving resources with them, including hemostatic agents. Would expand the military leadership diversity commission to include reserve component representatives.

Revised Would require the Secretary to provide embarked military personnel on board U. Would require the Department of Defense to conduct a study on the total number of subcontractors used on the last five major weapons systems in which acquisition has been completed and determine if fewer subcontractors could have been more cost effective. It would require GAO to review the study.

Would require the Defense Secretary, in consultation with the Veterans Affairs Secretary and Health and Human Services Secretary, to conduct a demonstration project, at two military installations, to assess the feasibility and efficacy of providing servicemembers with a post-deployment mental health screening conducted in person by a mental health provider.

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Would require GAO to submit a report to Congress on the 1 impact of domestic violence in families of members of the Armed Forces on the children of such families and 2 information on progress being made to ensure such children receive adequate care and services. Withdrawn Would prohibit funds to be appropriated for procurement or research, test, development, and evaluation of F fighter aircraft. Would prohibit the Defense Secretary from expending money for earmarks if 1 the recipient or any employee, director, or PAC contributed to a Member of Congress who sponsored the earmark or 2 any registered lobbyist or its PAC whose client is the recipient of the earmark contributed to the Member of Congress who sponsored the earmark.

Would require the Defense Secretary to report to Congress on the competitive processes used to award earmarks listed in the joint explanatory statement for the FY defense appropriations bill. If competitive processes were not employed in making such awards, the decision-making process and justifications as to why should be cited in the report. Would require the consent of a state governor and legislature prior to any transfer of any detainee from Guantanamo Bay to that state. Would prohibit funds from being authorized to transfer, release, or incarcerate individuals detained at Naval Station, Guantanamo Bay, Cuba, as of May 19, , to or within the United States.

Would extend military commissary and exchange store privileges to veterans with a compensable service-connected disability and to their dependents. Offsetting reductions are taken from international materials protection and cooperation, global threat reduction initiative, and North Korean anti-nuclear program initiatives.

Would provide that it is U.

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Offsetting reductions would come from defense environmental cleanup. Revised Would express the sense of Congress in support of the State of Israel and that the United States should work with Israel to ensure it receives military assistance, including missile defense capabilities, needed to address the threat of Iran. Withdrawn Would prevent discrimination against members of the uniformed services or civilian employees of the Department of Defense who object to prescribing, stocking, dispensing, providing, or otherwise furnishing postcoital contraceptive drugs or devices if the person refuses to do so based on a moral, religious, or conscientious objection.

Would strike language from section a of the bill that would require the President to submit a plan to Congress before any funds could be used to transfer detainees at Guantanamo to the United States. Withdrawn Would provide that no funds may be used to provide a postcoital contraceptive drug or a prescription for such a drug to an unemancipated minor unless the minor is emancipated, the minor has notarized written consent of a custodial parent or guardian, or a court of jurisdiction has directed the minor may receive the postcoital drug.

Would express the sense of Congress that active military personnel who live in or are stationed in Washington, DC, would be exempt from existing District of Columbia firearms restrictions. Would provide the Secretary of Defense with a waiver from section of the Energy Independence and Security Act of Public Law regarding the procurement of alternative fuels if the Secretary feels that a waiver is appropriate to enhance the readiness of the Armed Forces. Would repeal subsections a and c of 5 U.

Would require within 90 days of enactment that the GAO submit a report to Congress on cost overruns in the performance of DOD contracts in FY through FY, including identification of the contractor and the covered contract involved, the cost estimate of the covered contract, and the cost overrun for the covered contract. Would provide an exception based on failure of presupposed conditions as described in of the UCC, and would provide waiver authority if the cost overrun is not attributable to the contractor's performance of the contract. Revised Would express the sense of Congress that the Defense Secretary should consider the role of ballistic missile defenses during the quadrennial defense review and the nuclear posture review.

It also would eligible local educational agencies are those that contain 1 all or a portion of the campus of a service academy and 2 at least 60 percent federally-owned property. Would prohibit the recruitment, enlistment, or retention of individuals associated or affiliated with groups associated with hate-related violence against groups or persons or the United States government. Would repeal section of the Energy Independence and Security Act alternative fuels contracts.

Would require the Department of Defense to establish and administer a registry of members and former members of the Armed Forces who were exposed to occupational and environmental health chemical hazards in the line of duty on or after September 11, The amendment would make any veteran who was exposed to an occupational and environmental health chemical hazard eligible for hospital care, medical services, and nursing home care through the Department of Veterans Affairs for any disability, notwithstanding insufficient medical evidence to conclude that the disability may be associated with such exposure.

Would require the Office for Reintegration Programs to establish a program to provide National Guard and Reserve members, their families, and their communities with training in suicide prevention and community healing and response to suicide. Would require the Secretaries of the Army, Navy, and Air Force to design and issue a Combat Medevac Badge to be awarded to service members who served on or after June 25, , as pilots or crew members on helicopter medical evacuation ambulances and who meet the requirements for the award of that badge.

Would require the videotaping of all military interrogations, with appropriate security classifications. Revised Would require the Defense Secretary to ensure that members of the Individual Ready Reserve IRR who have served at least one tour in either Iraq or Afghanistan receive at least quarterly counseling calls from properly-trained personnel to determine the IRR member's emotional, psychological, medical, and career needs so long as the covered servicemember is in the IRR.

When necessary, at-risk members would be referred for immediate evaluation and treatment by qualified mental health service providers. Johnson, Eddie Bernice TX. Would amend section report on health care of military family members to include the need for and availability of mental health care services with respect to dependents accompanying a member stationed at a military installation outside of the United States.

Would amend section demonstration authority for alternative acquisition process for defense information technology programs to provide that contracts must be considered for small businesses so they have the opportunity to participate fully in the acquisition process for defense information technology programs. Would express the sense of Congress that the "surge strategy" in Iraq worked and that a definable victory in Iraq has been achieved.

The expenditure is offset by a reduction in defense environmental cleanup. Would provide the Secretary of Defense with the authority to provide a bonus to a service member who agrees to serve in Afghanistan for six consecutive years, or until U. Withdrawn Would require a report from the Secretary on current efforts of the U. Would modify the report on progress toward security and stability in Afghanistan by requiring information on agreements with NATO ISAF and non-NATO ISAF countries on mutually-agreed upon goals, strategies to achieve such goals, resource and force requirements, and commitments for troop and resource levels.

Would allow federal facilities to receive financial incentives from statewide agencies, Independent System Operators, or third party entities for energy efficiency and energy management measures undertaken by the federal facility.

Veterans Health Care Authorization Act of 2009 (S. 252)

Would authorize the Secretary of Defense to utilize energy savings contracts to enhance or complete the design, construction, or improvement of a military construction project in order to reduce future energy consumption of the facility. Would express the sense of Congress that it reaffirms its support for the recovery and return to the United States of the remains of members of the Armed Forces killed in battle during World War II in the battle of Tawara Atoll.

It also encourages the Defense Department to pursue new efforts to recover and return such remains. Revised Would establish an Overseas Voting Advisory Board that will conduct studies and issue reports and have hearings on the abilities of and obstacles to overseas voting, the successes and failures of the Federal Voting Assistance Program FVAP under the Department of Defense, and any administration efforts to increase overseas voter participation.

Revised Would require the Secretary of Defense, in consultation with the Secretary of State, to publish a map of the showing mineral-rich areas and areas under the control of armed groups. The map shall be updated every days until the Secretary certifies that no armed party is involved in the mining, sale, or export of minerals. Would require public disclosure of students and instructors at the Western Hemisphere Institute for Security Cooperation.

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Veterans Health Care Authorization Act of - Title I: Department Personnel Matters - (Sec. ) Authorizes the Secretary of Veterans Affairs to appoint. Military Construction and Veterans Affairs Appropriations Act, - Title I: Department and authorizations regarding the use of funds appropriated in this Act.

Would express the sense of Congress that the Honorable John M. McHugh has served the House of Representatives and the American people selfless and with distinction and that he deserves the gratitude of Congress and the Nation. Would authorize the Attorney General to file a civil action for violations of the Servicemembers Civil Relief Act and allows a servicemember the right to join the action. It also amends the SCRA to clarify that servicemembers and covered dependents have their own cause of action, regardless of any enforcement action by the Attorney General.

Revised Would permit the President to direct the Defense Secretary to conduct or support a program build the capacity of foreign military forces to support operations including through training, equipment, and supplies conducted as part of Operation Iraqi Freedom or Operation Enduring Freedom or conducted by the NATO international security assistance force.

Would direct the Secretary of Defense to submit to the defense committees a report on health care accessibility for members of the Armed Services in rural areas, including policy or resource recommendations to improve access to health care for such individuals. Would bar the Army Secretary from commencing or continuing the relocation of Armed Forces members and civilian DOD employees as a result of the implementation of recommendations , , and of the Defense Base Closure and Realignment Commission contained in the Commission's September 15, report until the funding identified in the section b of the Military Construction Act for FY to address transportation impacts associated with such recommendations has been incorporated into the budget request for the defense access road program.

Northern Command and Southern Command. Makes part-time nurses eligible for additional premium nurse pay. Adds nurse service in excess of eight consecutive hours to the services eligible for additional overtime pay. Adds licensed practical nurses, licensed vocational nurses, and certain other nurse positions to those positions exempted from limitations on increases in basic pay rates.

Revises the calculation of leave for nurses working two hour shifts on a weekend. Redefines the VHA alternative work schedule for nurses as six hours shifts within an hour pay period as opposed to three hour shifts within a work week. Revises the VA's education debt reduction program to: Authorizes the Secretary to utilize certain authorities under the Public Health Service Act to repay educational loans of qualified health professionals from disadvantaged backgrounds in order to secure VHA clinical research by such professionals.

Prohibits a new appointment without the approval of the appropriate Network regional director. Encourages the hiring of physicians who are board-certified or eligible for such certification in their field. Health Care Matters - Sec.

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Authorizes the Secretary to deny or terminate medical care and services with an exception for medical emergencies to individuals who do not provide such information. Outlines duties for each officer. Requires the non-VA facility selected to maintain care standards established by an independent, peer-reviewed organization that accredits specialized rehabilitation programs for adults with TBI.

Whistleblower: Bill is an opportunity for VA to move forward

Exempts a health facility of a tribal organization from the prohibition against the Secretary treating a new facility as a state home after September 30, Authorizes the Secretary to make grants to assist tribal organizations in constructing or acquiring facilities in order to furnish domiciliary or nursing home care to veterans and in expanding, remodeling, or altering existing buildings in order to furnish domiciliary care, nursing home care, adult day health care, or hospital care to veterans in homes.