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Code · BILL · 114th Congress · S. 2921 (Introduced in Senate) — To amend title 38, United States Code, to improve the accountability of employees of the Department of Veterans Affai... · Sec. 211

Sec. 211. Veterans Expedited Recovery Commission

1,700 words·~8 min read·/bill/114/s/2921/is/section-211·

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There is established the Veterans Expedited Recovery Commission (in this section referred to as the Commission ). The Commission shall perform the following duties: Examine the efficacy of the evidence-based therapy model used by the Department of Veterans Affairs for treating mental health conditions of veterans and identify areas to improve wellness-based outcomes. Conduct a patient-centered survey within each of the Veterans Integrated Service Networks to examine— the experience of veterans with the Department when seeking medical assistance for mental health conditions through the health care system of the Department; the experience of veterans with non-Department medical facilities and health professionals for treating mental health conditions; the preferences of veterans regarding available treatments for mental health conditions and which methods the veterans believe to be most effective; the experience, if any, of veterans with respect to the complementary and integrative health services described in subparagraphs
(A)through
(I)of paragraph (3); the prevalence of prescribing prescription medication among veterans seeking treatment through the health care system of the Department as remedies for addressing mental health conditions; and the outreach efforts of the Secretary of Veterans Affairs regarding the availability of benefits and treatments for veterans for addressing mental health conditions, including by identifying ways to reduce barriers to and gaps in such benefits and treatments. Examine available research on complementary and integrative health services for mental health conditions and identify what benefits could be made with the inclusion of such treatments for veterans, including with respect to— music therapy; equine therapy; training and caring for service dogs; yoga therapy; acupuncture therapy; meditation therapy; outdoor sports therapy; hyperbaric oxygen therapy; and such other therapies as the Commission determines appropriate. Study the potential increase of claims relating to mental health conditions submitted to the Secretary by veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn, including an assessment of the resources available within the Department to ensure that quality health care demands relating to such claims can be delivered in a timely manner. The Commission shall be composed of 10 members, appointed as follows: Two members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran. Two members appointed by the Minority Leader of the House of Representatives, at least one of whom shall be a veteran. Two members appointed by the Majority Leader of the Senate, at least one of whom shall be a veteran. Two members appointed by the Minority Leader of the Senate, at least one of whom shall be a veteran. Two members appointed by the President, at least one of whom shall be a veteran. Members of the Commission shall be individuals who— are of recognized standing and distinction within the medical community with a background in treating mental health; have experience working with the military and veteran population; and do not have a financial interest in any of the complementary and integrative health services reviewed by the Commission. The President shall designate a member of the Commission to be the Chair. Members of the Commission shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. The appointment of members of the Commission in this section shall be made not later than 90 days after the date of the enactment of this Act. The Commission shall hold its first meeting not later than 30 days after a majority of members are appointed to the Commission. The Commission shall regularly meet at the call of the Chair. Such meetings may be carried out through the use of telephonic or other appropriate telecommunication technology if the Commission determines that such technology will allow the members to communicate simultaneously. The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the responsibilities of the Commission. The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out the duties of the Commission under subsection (b). In carrying out the duties of the Commission under subsection (b), the Commission may seek guidance through consultation with foundations, veterans service organizations, nonprofit groups, faith-based organizations, private and public institutions of higher education, and such other organizations as the Commission determines appropriate. The Commission shall keep an accurate and complete record of the actions and meetings of the Commission. Such record shall be made available for public inspection and the Comptroller General of the United States may audit and examine such record. Upon request of the Chair of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any personnel of that agency to assist the Commission in carrying out the duties of the Commission. Each member shall serve without pay, except that each member shall receive travel expenses to perform the duties of the Commission under subsection (b), including per diem in lieu of subsistence, at rates authorized under subchapter I of chapter 57 of title 5, United States Code. The Chair, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service or chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of the rate payable for a position at level IV of the Executive Schedule under section 5315 of such title. The executive director and any personnel of the Commission are employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. Subparagraph
(A)shall not be construed to apply to members of the Commission. The Commission may, to such extent and in such amounts as are provided in appropriations Acts, enter into contracts to enable the Commission to discharge the duties of the Commission under this section. The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of such title. The Commission may use the United States mails in the same manner and under the same conditions as a Federal agency. Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section. These administrative services may include human resource management, budget, leasing, accounting, and payroll services. Not later than 60 days after the date on which the Commission first meets, and not less frequently than once during each 30-day period thereafter ending on the date on which the Commission submits the final report under paragraph (2), the Commission shall submit to the Committee on Veterans’ Affairs of the Senate, the Committee on Veterans’ Affairs of the House of Representatives, and the President a report detailing the level of cooperation the Secretary of Veterans Affairs (and the heads of other Federal agencies) has provided to the Commission. In carrying out the duties of the Commission under subsection (b), at times that the Commission determines appropriate, the Commission shall submit to the Committee on Veterans’ Affairs of the Senate, the Committee on Veterans’ Affairs of the House of Representatives, and such other entities as the Commission determines appropriate an interim report with respect to the findings identified by the Commission. Not later than 18 months after the date on which the Commission first meets, the Commission shall submit to the Committee on Veterans’ Affairs of the Senate, the Committee on Veterans’ Affairs of the House of Representatives, the President, and the Secretary of Veterans Affairs a final report on the findings of the Commission. The report required by subparagraph
(A)shall include the following: Recommendations to implement in a feasible, timely, and cost-effective manner any solutions and remedies identified by the Commission in carrying out the duties of the Commission under subsection (b). An analysis of the evidence-based therapy model used by the Secretary for treating veterans with mental health conditions and an examination of the prevalence and efficacy of prescription drugs as a means of treatment. The findings of the patient-centered survey conducted within each of the Veterans Integrated Service Networks under subsection (b)(2). An examination of the complementary and integrative health services described in subsection (b)(3) and the potential benefits of incorporating such services in the therapy model used by the Secretary for treating veterans with mental health conditions. Not later than 90 days after the date on which the Commission submits the final report under paragraph (2), the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the following: An action plan for implementing the recommendations set forth by the Commission in such report regarding solutions and remedies for improving wellness-based outcomes for veterans with mental health conditions. A feasible timeframe on when complementary and integrative health services described in subsection (b)(3) can be implemented throughout the Department. With respect to each recommendation set forth by the Commission, including regarding any complementary and integrative health service, that the Secretary determines is not appropriate or feasible to implement, a justification for each such determination and an alternative solution to improve the efficacy of the therapy model used by the Secretary for treating veterans with mental health conditions. The Commission shall terminate 30 days after the Commission submits the final report under subsection (e)(2). In this section, the term complementary and integrative health has the meaning given that term or any subsequent similar term by the National Institutes of Health.
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