110 HR 2874 : To amend title 38, United States Code, to
U.S. House of Representatives
2007-08-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; table of
contents
(a)This Act may be cited
as the Veterans’ Health Care Improvement Act of 2007
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Grants for support of therapeutic readjustment programs
for veterans.
Sec. 3. Transportation grants for rural veterans service
organizations.
Sec. 4. Permanent treatment authority for participants in
Department of Defense chemical and biological testing conducted by Deseret Test
Center (including Project Shipboard Hazard and Defense).
Sec. 5. Extension of expiring collections
authorities.
Sec. 6. Readjustment and mental health services for Operation
Enduring Freedom and Operation Iraqi Freedom Veterans.
Sec. 7. Expansion and extension of authority for program of
referral and counseling services for at-risk veterans transitioning from
certain institutions.
Sec. 8. Permanent authority for domiciliary services for
homeless veterans and enhancement of capacity of domiciliary care programs for
female veterans.
Sec. 9. Financial assistance for supportive services for very
low-income veteran families in permanent housing.
Sec. 10. Expansion of eligibility for dental care.
Sec. 11. Technical amendments.
2.Grants for support of
therapeutic readjustment programs for veterans
(a)Subchapter II of
chapter
5 of title 38, United States Code, is amended by inserting
after section 521 the following new section:
521A.Assistance to
therapeutic readjustment programs
(a)The Secretary of Veterans Affairs may make grants to
qualified entities described in subsection (b) to conduct workshop programs
that have been shown to assist in the therapeutic readjustment and
rehabilitation of participants to assist in the therapeutic readjustment of
covered veterans.
(b)In order to qualify for grant assistance under
subsection (a), a private nonprofit entity must have, as determined by the
Secretary, experience and expertise in offering programs to assist in the
therapeutic readjustment of participants and that such programs will likely
assist covered veterans.
(c)Amount of Grant;
Use of FundsA grant under this section shall not exceed $100,000
for any calendar year and shall be used by the recipient exclusively for the
benefit of covered veterans.
(d)An
application for a grant under this section shall include details regarding the
extent and nature of the proposed program, the therapeutic readjustment and
rehabilitation benefits expected to be achieved by participants, and any other
information the Secretary determines may be necessary to assist the Secretary
in ensuring that covered veterans receive therapeutic readjustment and
rehabilitation benefits.
(e)For the purposes of
this subsection, a covered veteran
is a veteran who served on
active duty in a theater of combat operations (as determined by the Secretary
in consultation with the Secretary of Defense) during a period of war after the
Persian Gulf War, or in combat against a hostile force during a period of
hostilities (as defined in section 1712A(a)(2)(B) of this title) after November
11, 1998, and who is discharged or released from active military, naval, or air
service on or after September 11, 2001.
(f)Not
later than 60 days after the last day of a fiscal year, the Secretary shall
submit to the Committees on Veterans’ Affairs of the Senate and House of
Representatives a report detailing the number and amount of grants made under
this section during the previous fiscal year, the total number of covered
veterans participating in workshop programs funded by such grants, a
description of the programs, and the therapeutic benefits to covered veterans
of participation in the various programs funded.
(g)Authorization of
AppropriationsThere is authorized to be appropriated for each of
fiscal years 2008 through 2011 $2,000,000 to carry out this section.
(h)The
authority of the Secretary to make a grant under subsection (a) shall terminate
on September 30,
2011.
.
(b)The table of
sections at the beginning of such chapter is amended by inserting after the
item relating to section 521 the following new item:
521A. Assistance to therapeutic
readjustment
programs.
.
3.Transportation
grants for rural veterans service organizations
(a)Subchapter I of
chapter 17 of title 38,
United States Code, is amended by adding at the end the following new
section:
1709.Grants for
provision of transportation to Department medical facilities for veterans in
remote rural areas
(a)(1)The Secretary shall
establish a grant program to provide innovative transportation options to
veterans in remote rural areas.
(2)Grants awarded under this section may
be used by State veterans’ service agencies, veterans service organizations,
and private nonprofit entities to assist veterans in remote rural areas to
travel to Department medical facilities.
(3)The amount of a grant under this
section may not exceed $50,000.
(4)The recipient of a grant under this
section shall not be required to provide matching funds as a condition for
receiving such grant.
(b)The
Secretary shall prescribe regulations for—
(1)evaluating grant
applications under this section; and
(2)otherwise
administering the program established by this section.
(c)Authorization of
AppropriationsThere is authorized to be appropriated $3,000,000
for each of fiscal years 2008 through 2012 to carry out this
section.
.
(b)The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1708 the following
new item:
1709. Grants for provision of
transportation to Department medical facilities for veterans in remote rural
areas.
.
4.Permanent
treatment authority for participants in Department of Defense chemical and
biological testing conducted by Deseret Test Center (including Project
Shipboard Hazard and Defense)Section 1710(e)(3)
of title 38, United States Code, is amended—
(1)in subparagraph
(B), by inserting and
after the semicolon;
(2)in subparagraph
(C), by striking ; and
and inserting a period; and
(3)by striking
subparagraph (D).
5.Extension of
expiring collections authorities
(a)Section 1710(f)(2)(B) is amended by striking
2007
and inserting 2009
.
(b)Medical care
cost recoverySection 1729(a)(2)(E) is amended by striking
2007
and inserting 2009
.
6.Readjustment and
mental health services for covered veterans
(a)Provision of
Readjustment Counseling and Mental Health ServicesSubchapter II
of chapter 17 of title 38,
United States Code, is amended by inserting after section 1712B the following
new section:
1712C.Provision of
readjustment counseling and mental health services for covered
veterans
(a)The Secretary shall carry out a program to provide peer
outreach services, peer support services, and readjustment and mental health
services to covered veterans.
(b)Contracts with
community mental health centersIn carrying out the program
required by subsection (a), the Secretary shall contract with community mental
health centers and other qualified entities to provide the services referred to
in that paragraph in areas the Secretary determines are not adequately served
by health care facilities of the Department. Such contracts shall require each
community health center or other entity—
(1)to the extent practicable, to employ
covered veterans trained under subsection (c);
(2)to the extent practicable, to use
telehealth services for the provision of such services;
(3)to participate in the training
program under subsection (d);
(4)to comply with applicable protocols
of the Department before incurring any liability on behalf of the Department
for the provision of such the services;
(5)to submit annual reports to the
Secretary containing, with respect to the program required by subsection (a)
and for the last full calendar year ending before the submission of such
report—
(A)the number of veterans served,
veterans diagnosed, and courses of treatment provided to veterans as part of
the program required by subsection (a); and
(B)demographic information for such
services, diagnoses, and courses of treatment;
(6)to provide to the Secretary such
clinical summary information as the Secretary may require for each veteran for
whom the center or entity provides mental health services under the contract;
and
(7)to meet such other requirements as
the Secretary may require.
(c)Training program
for veteransIn carrying out the program required by subsection
(a), the Secretary shall contract with a nonprofit mental health organization
to carry out a program to train covered veterans to provide peer outreach and
peer support services.
(d)Training program
for cliniciansThe Secretary shall conduct a training program for
clinicians of community mental health centers or other entities that have
entered into contracts with the Secretary under subsection (b) to ensure that
such clinicians are able to provide the services required by subsection (a) in
a manner that—
(1)recognizes factors that are unique to
the experience of veterans who served on active duty in Operation Iraqi Freedom
or Operation Enduring Freedom (including the combat and military training
experiences of such veterans); and
(2)utilizes best practices and
technologies.
(e)For the purposes of
this subsection, a covered veteran
is a veteran who served on
active duty in a theater of combat operations (as determined by the Secretary
in consultation with the Secretary of Defense) during a period of war after the
Persian Gulf War, or in combat against a hostile force during a period of
hostilities (as defined in section1712A(a)(2)(B) of this title) after November
11, 1998, and who is discharged or released from active military, naval, or air
service on or after September 11,
2001.
.
(b)The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1712B the following
new item:
1712C. Provision of readjustment
counseling and mental health services for covered
veterans.
.
7.Expansion and
extension of authority for program of referral and counseling services for
at-risk veterans transitioning from certain institutions
(a)Subsection (a) of
section
2023 of title 38, United States Code, is amended by striking
a demonstration program for the purpose of determining the costs and
benefits of providing
and inserting a program to
provide
.
(b)Subsection (b) of such section is amended—
(1)by striking
Demonstration
in the subsection
heading;
(2)by striking
demonstration
; and
(3)by
striking in at least six locations
and inserting in at
least 12 locations
.
(c)Subsection (d) of such section is amended by striking
shall cease
and all that follows and inserting shall
cease on September 30, 2011.
.
(d)
(1)Subsection (c)(1) of such section is amended by striking
demonstration
.
(2)The heading of such section is amended to read as
follows:
2023.Referral and
counseling services: veterans at risk of homelessness who are transitioning
from certain
institutions
.
(3)Other conforming
amendmentSection
2022(f)(2)(C) of such title is amended by striking
demonstration
.
(e)The table of
sections at the beginning of chapter 20 of such title is amended by striking
the item relating to section 2023 and inserting the following new item:
2023. Referral and counseling services:
veterans at risk of homelessness who are transitioning from certain
institutions.
.
8.Permanent
authority for domiciliary services for homeless veterans and enhancement of
capacity of domiciliary care programs for female veteransSubsection (b) of
section
2043 of title 38, United States Code, is amended to read as
follows:
(b)Enhancement of
Capacity of Domiciliary Care Programs for Female VeteransThe
Secretary shall take appropriate actions to ensure that the domiciliary care
programs of the Department are adequate, with respect to capacity and safety,
to meet the needs of veterans who are
women.
.
9.Financial
assistance for supportive services for very low-income veteran families in
permanent housing
(a)The
purpose of this section is to facilitate the provision of supportive services
for very low-income veteran families in permanent housing.
(b)Authorization of
Financial Assistance
(1)Subchapter V of
chapter 20 of title 38,
United States Code, is amended by adding at the end the following new
section:
2044.Financial
assistance for supportive services for very low-income veteran families
residing in permanent housing
(a)Distribution of
Financial Assistance
(1)The Secretary
shall provide financial assistance to eligible entities approved under this
section to provide and coordinate the provision of the supportive services for
very low-income veteran families residing in permanent housing.
(2)(A)Financial assistance
under this section shall consist of payments for each such family for which an
approved eligible entity provides or coordinates the provision of supportive
services.
(B)The Secretary shall establish a
formula for determining the rate of payments provided to a very low-income
veteran family receiving supportive services under this section. The rate shall
be adjusted not less than once annually to reflect changes in the cost of
living. In calculating the payment formula under this subparagraph, the
Secretary may consider geographic cost of living variances, family size, and
the cost of services provided.
(3)In providing
financial assistance under paragraph (1), the Secretary shall give preference
to an entity that provides or coordinates the provision of supportive services
for very low-income veteran families who are transitioning from homelessness to
permanent housing.
(4)The Secretary
shall ensure that, to the extent practicable, financial assistance under this
subsection is equitably distributed across geographic regions, including rural
communities and tribal lands.
(5)Each entity
receiving financial assistance under this section to provide supportive
services to a very low-income veteran family shall notify the family that such
services are being paid for, in whole or in part, by the Department.
(6)The Secretary may
require an entity receiving financial assistance under this section to submit a
report to the Secretary describing the supportive services provided with such
financial assistance.
(b)Application for
Financial Assistance
(1)An eligible entity
seeking financial assistance under subsection (a) shall submit to the Secretary
an application in such form, in such manner, and containing such commitments
and information as the Secretary determines to be necessary.
(2)An application
submitted under paragraph (1) shall contain—
(A)a description of
the supportive services proposed to be provided by the eligible entity;
(B)a description of
the types of very low-income veteran families proposed to be provided such
services;
(C)an estimate of the
number of very low-income veteran families proposed to be provided such
services;
(D)evidence of the
experience of the eligible entity in providing supportive services to very
low-income veteran families; and
(E)a description of
the managerial capacity of the eligible entity to—
(i)coordinate the
provision of supportive services with the provision of permanent housing, by
the eligible entity or by other organizations;
(ii)continuously
assess the needs of very low-income veteran families for supportive
services;
(iii)coordinate the
provision of supportive services with the services of the Department;
(iv)tailor supportive
services to the needs of very low-income veteran families; and
(v)continuously seek
new sources of assistance to ensure the long-term provision of supportive
services to very low-income veteran families.
(3)The Secretary
shall establish criteria for the selection of eligible entities to receive
financial assistance under this section.
(c)
(1)The Secretary
shall provide training and technical assistance to eligible entities that
receive financial assistance under this section with respect to the planning,
development, and provision of supportive services to very low-income veteran
families occupying permanent housing.
(2)The Secretary may
provide the training described in paragraph (1) directly or through grants or
contracts with appropriate public or nonprofit private entities.
(d)Authorization of
AppropriationsThere is authorized to be appropriated, for each
fiscal year, $25,000,000, to carry out this section, of which not more than
$750,000 for each fiscal year may be used to provide technical assistance under
subsection (c).
(e)For
the purposes of this section:
(1)The term
very low-income veteran family
means a veteran family whose
income does not exceed 50 percent of the median income for the area, as
determined by the Secretary in accordance with this paragraph, except
that—
(A)the Secretary
shall make appropriate adjustments to the income requirement under subparagraph
(A) based on family size; and
(B)the Secretary may
establish an income ceiling higher or lower than 50 percent of the median
income for an area if the Secretary determines that such variations are
necessary because the area has unusually high or low construction costs, fair
market rents (as determined under section 8 of the United States Housing Act of
1937 (42 U.S.C.
1437f)), or family incomes.
(C)the Secretary
shall establish criteria for determining the need for specific supportive
services (as defined by paragraph (8)) of individual very low income veteran
families occupying permanent housing.
(2)The term
veteran family
includes a veteran who is a single person and a
family in which the head of household or the spouse of the head of household is
a veteran.
(3)The term
consumer cooperative
has the meaning given such term in section
202 of the Housing Act of 1959 (12 U.S.C. 1701q).
(4)The term
eligible entity
means—
(A)a private
nonprofit organization; or
(B)a consumer
cooperative.
(5)The term
homeless
has the meaning given the term in section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302).
(6)The term
permanent housing
means community-based housing without a
designated length of stay.
(7)The term
private nonprofit organization
means—
(A)any incorporated
private institution or foundation—
(i)no
part of the net earnings of which inures to the benefit of any member, founder,
contributor, or individual;
(ii)which has a
governing board that is responsible for the operation of the supportive
services provided under this section; and
(iii)which is
approved by the Secretary as to financial responsibility;
(B)a for-profit
limited partnership, the sole general partner of which is an organization
meeting the requirements of clauses (i), (ii), and (iii) of subparagraph
(A);
(C)a corporation
wholly owned and controlled by an organization meeting the requirements of
clauses (i), (ii), and (iii) of subparagraph (A); and
(D)a tribally
designated housing entity (as defined in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)).
(8)The term
supportive services
means the following:
(A)Services provided
by an eligible entity or subcontractors that address the needs of very
low-income veteran families occupying permanent housing, including—
(i)outreach
services;
(ii)health care
services, including diagnosis, treatment, and counseling for mental health and
substance abuse disorders and for post-traumatic stress disorder, if such
services are not readily available through the Department of Veterans Affairs
medical center serving the geographic area in which the veteran family is
housed;
(iii)habilitation and
rehabilitation services;
(iv)case management
services;
(v)daily living
services;
(vi)personal
financial planning;
(vii)transportation
services;
(viii)vocational
counseling;
(ix)employment and
training;
(x)educational
services;
(xi)assistance in
obtaining veterans benefits and other public benefits, including health care
provided by the Department;
(xii)assistance in
obtaining income support;
(xiii)assistance in
obtaining health insurance;
(xiv)fiduciary and
representative payee services;
(xv)legal services to
assist the veteran family with reconsiderations or appeals of veterans and
public benefit claim denials and to resolve outstanding warrants that interfere
with the family’s ability to obtain or retain housing or supportive
services;
(xvi)child
care;
(xvii)housing
counseling;
(xviii)other services
necessary for maintaining independent living; and
(xix)coordination of
services described in this paragraph.
(B)Services provided
by an eligible entity or subcontractors, including services described in
clauses (i) through (xix) of subparagraph (A), that are delivered to very
low-income veteran families who are homeless and who are scheduled to become
residents of permanent housing within 90 days of the date on which the service
is provided pending the location or development of housing suitable for
permanent housing.
(C)Services provided
by an eligible entity or subcontractors, including services described in
clauses (i) through (xix) of subparagraph (A), for very low-income veteran
families who have voluntarily chosen to seek other housing after a period of
tenancy in permanent housing, that are provided, for a period of 90 days
beginning on the date on which such a family exits permanent housing or until
such a family commences receipt of other housing services adequate to meet the
needs of the family, but only to the extent that services under this paragraph
are designed to support such a family in the choice to transition into housing
that is responsive to the individual needs and preferences of the
family.
.
(2)The table of
sections at the beginning of such chapter is amended by inserting after the
item relating to section 2043 the following new item:
2044. Financial assistance for supportive
services for very low-income veteran families residing in permanent
housing.
.
10.Expansion of
eligibility for dental careSection 2062(b) of
title 38, United States Code, is amended by striking 60 consecutive
days
both places it appears and inserting 30 consecutive
days
.
11.Title 38, United
States Code, is amended—
(1)in
each of sections 1708(d), 7314(f), 7320(j)(2), 7325(i)(2), and 7328(i)(2), by
striking medical care account
and inserting medical
services account
;
(2)in section
1712A—
(A)by striking
subsection (g);
(B)by redesignating
subsections (d), (e), (f), and (i) as subsections (c) through (f),
respectively; and
(C)in subsection
(f)(1), as so redesignated, by striking (including a Resource Center
designated under subsection (h)(3)(A) of this section)
;
(3)in section
2065(b)(3)(C), by striking )
;
(4)in the table of
sections at the beginning of chapter 36, by striking the item relating to
section 3684A and inserting the following new item:
3684A. Procedures relating to computer
matching
program.
;
(5)in section
3684(a)(1), by striking 34,,
and inserting
34,
;
(6)in section
4110(c)(1), by striking 15
and inserting
16
;
(7)in the table of
sections at the beginning of chapter 51, by striking the item relating to
section 5121 and inserting the following new item:
5121. Payment of certain accrued benefits
upon death of a
beneficiary.
;
(8)in section
7458(b)(2), by striking pro rated
and inserting
pro-rated
; and
(9)in section
8117(a)(1), by striking such such
and inserting
such
.
Passed the House of
Representatives July 30, 2007.
Lorraine C. Miller,
Clerk.