References in Text

Section 162(a) of the Caring for Our Veterans Act of 2018, referred to in subsec. (a)(2)(B)(i), is section 162(a) of Pub. Law 115–182, June 6, 2018, 132 Stat. 1440, which is set out as a note under this section.

Amendments

2018—Subsec. (a)(2)(B). Pub. 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). Pub. L. 115–182, § 161(a)(2), added cl. (iii) and redesignated former cl. (iii) as (iv).

Subsec. (a)(3)(A)(ii)(VI). Pub. L. 115–182, § 161(a)(3), added subcl. (VI).

Subsec. (a)(3)(C)(iii), (iv). Pub. L. 115–182, § 161(a)(4), added cl. (iii) and redesignated former cl. (iii) as (iv).

Subsec. (a)(3)(D). Pub. L. 115–182, § 161(a)(5), added subpar. (D).

Subsec. (a)(5). Pub. 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). Pub. L. 115–182, § 161(a)(7), added par. (11).

Subsec. (d)(4)(A). Pub. L. 115–182, § 161(b)(1), struck out “independent” before “activities of daily living”.

Subsec. (d)(4)(B) to (D). Pub. L. 115–182, § 161(b)(2), (3), added subpars. (B) and (C) and redesignated former subpar. (B) as (D).

Subsec. (e). Pub. L. 115–251 struck out subsec. (e) which authorized appropriations from fiscal years 2010 to 2019.

2017—Subsec. (e)(5). Pub. L. 115–62 added par. (5).

2016—Subsec. (e)(4). Pub. L. 114–228 added par. (4).

2015—Subsec. (a)(7)(B)(iii). Pub. L. 114–58, § 601(6), substituted “have” for “has”.

Subsec. (e)(3). Pub. L. 114–58, § 103, added par. (3).

Effective Date

Pub. 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 (b) 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.”

Publication in Federal Register

Pub. L. 115–182, title I, § 161(a)(1)(B), June 6, 2018, 132 Stat. 1439, as amended by Pub. L. 115–251, title II, § 211(b)(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 Program

Pub. 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.
“(b)
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 Report

Pub. L. 111–163, title I, § 101(c), May 5, 2010, 124 Stat. 1138, as amended by Pub. 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 (b)(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 (b)(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.”