Editorial Notes
References in TextSection 162(a) of the Caring for Our Veterans Act of 2018, referred to in subsec. (a)(2)(B)(i), is section 162(a) of Puspan. L. 115–182, June 6, 2018, 132 Stat. 1440, which is set out as a note under this section.
The date of the enactment of the Transparency and Effective Accountability Measures for Veteran Caregivers Act, referred to in subsec. (a)(12)(B), is the date of enactment of Puspan. L. 116–278, which was approved Dec. 31, 2020.
Amendments2021—Subsec. (a)(2)(B). Puspan. L. 116–283 substituted “air, or space service” for “or air service” wherever appearing.
2020—Subsec. (a)(12), (13). Puspan. L. 116–278 added pars. (12) and (13).
2018—Subsec. (a)(2)(B). Puspan. L. 115–182, § 161(a)(1)(A), amended subpar. (B) generally. Prior to amendment, text read as follows: “has a serious injury (including traumatic brain injury, psychological trauma, or other mental disorder) incurred or aggravated in the line of duty in the active military, naval, or air service on or after September 11, 2001; and”.
Subsec. (a)(2)(C)(iii), (iv). Puspan. L. 115–182, § 161(a)(2), added cl. (iii) and redesignated former cl. (iii) as (iv).
Subsec. (a)(3)(A)(ii)(VI). Puspan. L. 115–182, § 161(a)(3), added subcl. (VI).
Subsec. (a)(3)(C)(iii), (iv). Puspan. L. 115–182, § 161(a)(4), added cl. (iii) and redesignated former cl. (iii) as (iv).
Subsec. (a)(3)(D). Puspan. L. 115–182, § 161(a)(5), added subpar. (D).
Subsec. (a)(5). Puspan. L. 115–182, § 161(a)(6), inserted “(in collaboration with the primary care team for the eligible veteran to the maximum extent practicable)” after “evaluate” in introductory provisions.
Subsec. (a)(11). Puspan. L. 115–182, § 161(a)(7), added par. (11).
Subsec. (d)(4)(A). Puspan. L. 115–182, § 161(span)(1), struck out “independent” before “activities of daily living”.
Subsec. (d)(4)(B) to (D). Puspan. L. 115–182, § 161(span)(2), (3), added subpars. (B) and (C) and redesignated former subpar. (B) as (D).
Subsec. (e). Puspan. L. 115–251 struck out subsec. (e) which authorized appropriations from fiscal years 2010 to 2019.
2017—Subsec. (e)(5). Puspan. L. 115–62 added par. (5).
2016—Subsec. (e)(4). Puspan. L. 114–228 added par. (4).
2015—Subsec. (a)(7)(B)(iii). Puspan. L. 114–58, § 601(6), substituted “have” for “has”.
Subsec. (e)(3). Puspan. L. 114–58, § 103, added par. (3).
Statutory Notes and Related Subsidiaries
Effective DatePuspan. L. 111–163, title I, § 101(a)(3), May 5, 2010, 124 Stat. 1137, provided that:“(A)In general.—The amendments made by this subsection [enacting this section] shall take effect on the date that is 270 days after the date of the enactment of this Act [May 5, 2010].
“(B)Implementation.—The Secretary of Veterans Affairs shall commence the programs required by subsections (a) and (span) of section 1720G of title 38, United States Code, as added by paragraph (1) of this subsection, on the date on which the amendments made by this subsection take effect.”
Modification of Administration of Caregiver Programs of Department of Veterans AffairsPuspan. L. 116–278, § 2(a), Dec. 31, 2020, 134 Stat. 3373, provided that:“(a)Formal Recognition of Caregivers.—“(1)Report.—“(A)In general.—Not later than 60 days after the date of the enactment of this Act [Dec. 31, 2020], the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report regarding the feasibility and advisability of formally recognizing all caregivers of veterans by identifying any caregiver of a veteran in the electronic health record of the veteran.
“(B)Caregivers recognized.—The recognition of caregivers described in subparagraph (A) shall include recognition of—“(i) any family caregiver who is approved as a provider of personal care services for an eligible veteran under the program of comprehensive assistance for family caregivers under subsection (a) of section 1720G of title 38, United States Code; and
“(ii) any caregiver of a covered veteran participating in the program of general caregiver support services under subsection (span) of such section.
“(C)Timeline.—If the Secretary determines that formally recognizing all caregivers of veterans as described in subparagraph (A) is feasible and advisable, the report required by such subparagraph shall include a timeline for implementing such recognition.
“(2)Implementation.—If the Secretary determines that formally recognizing all caregivers of veterans as described in paragraph (1)(A) is feasible and advisable, the Secretary shall implement such recognition in accordance with the timeline included in the report required by such paragraph.”
Education Program for Family Members and Caregivers of Veterans With Mental Health DisordersPuspan. L. 116–214, title II, § 202, Dec. 5, 2020, 134 Stat. 1033, provided that:“(a)Establishment.—Not later than 270 days after the date of the enactment of this Act [Dec. 5, 2020], the Secretary of Veterans Affairs shall establish an education program (in this section referred to as the ‘education program’) for the education and training of caregivers and family members of eligible veterans with mental health disorders.
“(span)Education Program.—“(1)In general.—Under the education program, the Secretary shall provide a course of education to caregivers and family members of eligible veterans on matters relating to coping with mental health disorders in veterans.
“(2)Duration.—The Secretary shall carry out the education program during the four-year period beginning on the date of the commencement of the education program.
“(3)Scope.—“(A)Caregivers.—The Secretary, with respect to the component of the education program that relates to the education and training of caregivers, shall—“(i) include such component in the training provided pursuant to the program of comprehensive assistance for family caregivers of the Department of Veterans Affairs established under section 1720G(a) of title 38, United States Code; and
“(ii) make such component available on the Internet website of the Department that relates to caregiver training.
“(B)Family members.—The Secretary shall carry out the component of the education program that relates to the education and training of non-caregiver family members at facilities of the Department as follows:“(i) Not less than five medical centers of the Department.
“(ii) Not less than five clinics of the Department.
“(iii) Not less than five Vet Centers (as defined in section 1712A(h) of title 38, United States Code).
“(C)Solicitation of applications.—In selecting locations pursuant to subparagraph (B), the Secretary shall solicit applications from eligible facilities of the Department that are interested in carrying out the education program.
“(D)Considerations.—In selecting locations pursuant to subparagraph (B), the Secretary shall consider the feasibility and advisability of selecting locations in the following areas:“(i) Rural areas.
“(ii) Areas that are not in close proximity to an active duty installation.
“(iii) Areas in different geographic locations.
“(4)Contracts.—“(A)In general.—In carrying out the education program, the Secretary shall enter into contracts with qualified entities described in subparagraph (B) to offer the course of education described in paragraph (5) to family members and caregivers of eligible veterans and covered veterans.
“(B)Qualified entity described.—A qualified entity described in this subparagraph is a non-profit entity with experience in mental health education and outreach, including work with children, teens, and young adults, that—“(i) uses high quality, relevant, and age-appropriate information in educational programming, materials, and coursework, including such programming, materials, and coursework for children, teens, and young adults; and
“(ii) works with agencies, departments, nonprofit mental health organizations, early childhood educators, and mental health providers to develop educational programming, materials, and coursework.
“(C)Priority.—In entering into contracts under this paragraph, the Secretary shall give priority to qualified entities that have demonstrated cultural competence in serving military and veteran populations, and, to the extent practicable, use internet technology for the delivery of course span in an effort to expand the availability of support services, especially in rural areas.
“(5)Course of education described.—The course of education described in this paragraph shall consist of curriculum that includes the following:“(A) General education on different mental health disorders, including information to improve understanding of the experiences of individuals suffering from such disorders.
“(B) Techniques for handling crisis situations and administering mental health first aid to individuals suffering from a mental health disorder.
“(C) Techniques for coping with the stress of living with an individual suffering from a mental health disorder.
“(D) Information on additional services available for family members and caregivers through the Department or community organizations and providers related to mental health disorders.
“(E) Such other matters as the Secretary considers appropriate.
“(c)Surveys.—“(1)In general.—The Secretary shall conduct a comprehensive survey of the satisfaction of individuals that have participated in the course of education described in subsection (span)(5). Such survey shall include a solicitation of feedback on the following:“(A) The general satisfaction of those individuals with the education and assistance provided under the education program.
“(B) The perceived effectiveness of the education program in providing education and assistance that is useful for those individuals.
“(C) The applicability of the education program to the issues faced by those individuals.
“(D) Such other matters as the Secretary considers appropriate.
“(2)Compilation of information.—The information compiled as a result of the surveys conducted under paragraph (1) shall be—“(A) disaggregated by facility type at which the education program was carried out; and
“(B) included in the annual reports under subsection (d)(1).
“(d)Reports.—“(1)Annual reports.—“(A)In general.—Not later than one year after the date of the commencement of the education program and not later than September 30 each year thereafter until 2024, the Secretary 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—“(i) the education program; and
“(ii) the feasibility and advisability of expanding the education program to include the establishment of a peer support program composed of individuals who complete the education program (in this section referred to as a ‘peer support program’).
“(B)Elements.—Each report submitted under subparagraph (A) shall include the following:“(i) The number of individuals that participated in the course of education described in subsection (span)(5) during the year preceding the submission of the report.
“(ii) A detailed analysis of the surveys conducted under subsection (c) with respect to the individuals described in clause (i).
“(iii) Any plans for expansion of the education program.
“(iv) An analysis of the feasibility and advisability of establishing a peer support program.
“(v) The interim findings and conclusions of the Secretary with respect to the success of the education program and the feasibility and advisability of establishing a peer support program.
“(2)Final report.—“(A)In general.—Not later than one year after the completion of the education program, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a final report on the feasibility and advisability of continuing the education program.
“(B)Elements.—The final report under subparagraph (A) shall include the following:“(i) A detailed analysis of the surveys conducted under subsection (c).
“(ii) An analysis of the feasibility and advisability of continuing the education program without entering into contracts for the course of education described in subsection (span)(5).
“(iii) An analysis of the feasibility and advisability of expanding the education program.
“(iv) An analysis of the feasibility and advisability of establishing a peer support program.
“(e)Monitoring of Program.—The Secretary shall select mental health care providers of the Department to monitor the progress of the instruction provided under the education program.
“(f)Definitions.—In this section:“(1) The term ‘eligible veteran’ means a veteran who is enrolled in the health care system established under section 1705(a) of title 38, United States Code.
“(2) The terms ‘caregiver’ and ‘family member’ have the meaning given those terms in section 1720G(d) of title 38, United States Code.”
Publication in Federal RegisterPuspan. L. 115–182, title I, § 161(a)(1)(B), June 6, 2018, 132 Stat. 1439, as amended by Puspan. L. 115–251, title II, § 211(span)(5), Sept. 29, 2018, 132 Stat. 3176, provided that: “Not later than 30 days after the date on which the Secretary of Veterans Affairs submits to Congress the certification described in subsection (a)(2)(B)(i) of section 1720G of title 38, United States Code, as amended by subparagraph (A) of this paragraph, the Secretary shall publish the date specified in such subsection in the Federal Register.”
Implementation of Information Technology System of Department of Veterans Affairs To Assess and Improve the Family Caregiver ProgramPuspan. L. 115–182, title I, § 162, June 6, 2018, 132 Stat. 1440, provided that:“(a)Implementation of New System.—“(1)In general.—Not later than October 1, 2018, the Secretary of Veterans Affairs shall implement an information technology system that fully supports the Program and allows for data assessment and comprehensive monitoring of the Program.
“(2)Elements of system.—The information technology system required to be implemented under paragraph (1) shall include the following:“(A) The ability to easily retrieve data that will allow all aspects of the Program (at the medical center and aggregate levels) and the workload trends for the Program to be assessed and comprehensively monitored.
“(B) The ability to manage data with respect to a number of caregivers that is more than the number of caregivers that the Secretary expects to apply for the Program.
“(C) The ability to integrate the system with other relevant information technology systems of the Veterans Health Administration.
“(span)Assessment of Program.—Not later than 180 days after implementing the system described in subsection (a), the Secretary shall, through the Under Secretary for Health, use data from the system and other relevant data to conduct an assessment of how key aspects of the Program are structured and carried out.
“(c)Ongoing Monitoring of and Modifications to Program.—“(1)Monitoring.—The Secretary shall use the system implemented under subsection (a) to monitor and assess the workload of the Program, including monitoring and assessment of data on—“(A) the status of applications, appeals, and home visits in connection with the Program; and
“(B) the use by caregivers participating in the Program of other support services under the Program such as respite care.
“(2)Modifications.—Based on the monitoring and assessment conducted under paragraph (1), the Secretary shall identify and implement such modifications to the Program as the Secretary considers necessary to ensure the Program is functioning as intended and providing veterans and caregivers participating in the Program with services in a timely manner.
“(d)Reports.—“(1)Initial report.—“(A)In general.—Not later than 90 days after the date of the enactment of this Act [June 6, 2018], the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate, the Committee on Veterans’ Affairs of the House of Representatives, and the Comptroller General of the United States a report that includes—“(i) the status of the planning, development, and deployment of the system required to be implemented under subsection (a), including any changes in the timeline for the implementation of the system; and
“(ii) an assessment of the needs of family caregivers of veterans described in subparagraph (B), the resources needed for the inclusion of such family caregivers in the Program, and such changes to the Program as the Secretary considers necessary to ensure the successful expansion of the Program to include such family caregivers.
“(B)Veterans described.—Veterans described in this subparagraph are veterans who are eligible for the Program under clause (ii) or (iii) of section 1720G(a)(2)(B) of title 38, United States Code, as amended by section 161(a)(1) of this title, solely due to a serious injury (including traumatic brain injury, psychological trauma, or other mental disorder) incurred or aggravated in the line of duty in the active military, naval, or air service before September 11, 2001.
“(2)Notification by comptroller general.—The Comptroller General shall review the report submitted under paragraph (1) and notify the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives with respect to the progress of the Secretary in—“(A) fully implementing the system required under subsection (a); and
“(B) implementing a process for using such system to monitor and assess the Program under subsection (c)(1) and modify the Program as considered necessary under subsection (c)(2).
“(3)Final report.—“(A)In general.—Not later than October 1, 2019, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate, the Committee on Veterans’ Affairs of the House of Representatives, and the Comptroller General a report on the implementation of subsections (a) through (c).
“(B)Elements.—The report required by subparagraph (A) shall include the following:“(i) A certification by the Secretary that the information technology system described in subsection (a) has been implemented.
“(ii) A description of how the Secretary has implemented such system.
“(iii) A description of the modifications to the Program, if any, that were identified and implemented under subsection (c)(2).
“(iv) A description of how the Secretary is using such system to monitor the workload of the Program.
“(e)Definitions.—In this section:“(1)Active military, naval, or air service.—The term ‘active military, naval, or air service’ has the meaning given that term in section 101 of title 38, United States Code.
“(2)Program.—The term ‘Program’ means the program of comprehensive assistance for family caregivers under section 1720G(a) of title 38, United States Code, as amended by section 161 of this title.”
Annual Evaluation ReportPuspan. L. 111–163, title I, § 101(c), May 5, 2010, 124 Stat. 1138, as amended by Puspan. L. 115–182, title I, § 163, June 6, 2018, 132 Stat. 1442, provided that:“(1)In general.—Not later than 2 years after the date described in subsection (a)(3)(A) [see Effective Date note above] and annually thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a comprehensive report on the implementation of section 1720G of title 38, United States Code, as added by subsection (a)(1).
“(2)Contents.—The report required by paragraph (1) shall include the following:“(A) With respect to the program of comprehensive assistance for family caregivers required by subsection (a)(1) of such section 1720G and the program of general caregiver support services required by subsection (span)(1) of such section—“(i) the number of caregivers that received assistance under such programs;
“(ii) the cost to the Department of providing assistance under such programs;
“(iii) a description of the outcomes achieved by, and any measurable benefits of, carrying out such programs;
“(iv) an assessment of the effectiveness and the efficiency of the implementation of such programs, including a description of any barriers to accessing and receiving care and services under such programs; and
“(v) such recommendations, including recommendations for legislative or administrative action, as the Secretary considers appropriate in light of carrying out such programs.
“(B) With respect to the program of comprehensive assistance for family caregivers required by such subsection (a)(1)—“(i) a description of the outreach activities carried out by the Secretary under such program;
“(ii) an assessment of the manner in which resources are expended by the Secretary under such program, particularly with respect to the provision of monthly personal caregiver stipends under paragraph (3)(A)(ii)(v) of such subsection (a); and
“(iii) an evaluation of the sufficiency and consistency of the training provided to family caregivers under such program in preparing family caregivers to provide care to veterans under such program.
“(C) With respect to the provision of general caregiver support services required by such subsection (span)(1)—“(i) a summary of the support services made available under the program;
“(ii) the number of caregivers who received support services under the program;
“(iii) the cost to the Department of providing each support service provided under the program; and
“(iv) such other information as the Secretary considers appropriate.”
