S.Amdt. 2218

SA 2218. Mr. TESTER (for himself and Mr. Moran) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

SEC. 1095. LIMITATION ON MODIFICATION OF RATE OF PAYMENT OR
REIMBURSEMENT FOR TRANSPORTATION OF VETERANS OR
OTHER INDIVIDUALS VIA SPECIAL MODES OF
TRANSPORTATION.

(a) In General.--Except as provided in subsection (b), no
funds appropriated by this Act may be used to modify the rate
of payment or reimbursement for transportation of a veteran
or other individual via a special mode of transportation
under the laws administered by the Secretary of Veterans
Affairs as of January 1, 2024.
(b) Exceptions.--
(1) Increase of rate.--The Secretary may use funds
appropriated by this Act to modify the rate of payment or
reimbursement for transportation of a veteran or other
individual via a special mode of transportation under the
laws administered by the Secretary if such a change would
increase such rate of payment or reimbursement.
(2) Decrease of rate.--
(A) Review and development of process.--The Secretary may
use funds appropriated by this Act to decrease the rate of
payment or reimbursement for transportation of a veteran or
other individual via a special mode of transportation under
the laws administered by the Secretary if the following
requirements are met before the effective date of such
decrease:
(i) The Secretary conducts a thorough review and analysis
of such decrease with respect to the following:

(I) The economic impact of such decrease on the Department.
(II) The economic impact of such decrease on the
appropriate industry associated with the special mode of
transportation or special modes of transportation in
question.
(III) The impact of such decrease on access to care for
veterans.

(ii) The Secretary develops a formal process for updating
such rate of payment or reimbursement that would protect or
expand the current level of access reviewed and analyzed
under clause (i)(III).
(iii) The Secretary conducts the review and analysis under
clause (i) and develops the process under clause (ii) in
consultation with a committee comprised of representation
from the following:

(I) Relevant industry experts.
(II) The Centers for Medicare & Medicaid Services.
(III) Appropriate subject matter experts of the Department
of Veterans Affairs in the areas of transportation, access to
care, integrated veteran care, rural veterans, native
veterans, and any other areas as determined appropriate by
the Secretary.
(IV) Veterans service organizations.

(iv) The Secretary confirms that the new rate reflects, at
a minimum, the actual costs of transportation.
(B) Additional requirements before rate decrease.--If a
decrease permitted under subparagraph (A) to the rate of
payment or reimbursement for transportation of a veteran or
other individual via a special mode of transportation under
the laws administered by the Secretary would allow for the
establishment of a contracted rate different from the
established rate of the Department, not later than two years
before the effective date of such change, the Secretary
shall--

[[Page S4501]]

(i) establish a template and standardized process for such
contracts and submit such template and standardized process
to Congress for feedback; and
(ii) issue guidance regarding such template and
standardized process across appropriate entities within the
Department and across the industry associated with the
special mode of transportation or special modes of
transportation covered by such contract.
(c) Definitions.--In this section:
(1) Special mode of transportation.--The term ``special
mode of transportation'' has the meaning given that term in
section 70.2 of title 38, Code of Federal Regulations, or
successor regulations.
(2) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by
the Secretary of Veterans Affairs for the representation of
veterans under section 5902 of title 38, United States Code.
______