[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4255 Referred in Senate (RFS)]

  2d Session
                                H. R. 4255


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2008

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT


 
 To amend title 38, United States Code, to authorize the Secretary of 
Veterans Affairs to provide assistance to the Paralympic Program of the 
        United States Olympic Committee, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Olympic Committee 
Paralympic Program Act of 2008''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) In 1998, Congress enacted the Olympic and Amateur 
        Sports Act Amendments of 1998 (33 U.S.C. 101 note), which 
        amended chapter 2205 of title 36, United States Code, and 
        included a statement that the purpose of the Act was ``to 
        encourage and provide assistance to amateur athletic programs 
        and competition for amateur athletes with disabilities, 
        including, where feasible, the expansion of opportunities for 
        meaningful participation by such amateur athletes in programs 
        of athletic competition for able-bodied amateur athletes''.
            (2) The United States Olympic Committee manages and 
        administers the Paralympic Program for physically disabled 
        athletes.
            (3) In 2005, the United States Olympic Committee entered 
        into a memorandum of understanding with the Secretary of 
        Veterans Affairs to expand the Paralympic Program to provide 
        special training and rehabilitation to disabled veterans and 
        disabled members of the Armed Forces as part of their 
        rehabilitation and return to an active lifestyle.
            (4) The Paralympic Program has a significant positive 
        effect on the quality of life of such veterans and 
        servicemembers, including helping to improve the mobility, 
        vitality, and physical, psychological, and social well-being of 
        disabled veterans and disabled members of the Armed Forces who 
        participate in the program and reducing the incidence of 
        secondary medical conditions in those participants.
            (5) Because of Operation Iraqi Freedom and Operation 
        Enduring Freedom, the number of disabled veterans and disabled 
        members of the Armed Forces has increased substantially and it 
        is therefore necessary to expand the scope and size of the 
        Paralympic Program to provide rehabilitative services through 
        sports to disabled veterans and members of the Armed Forces.
    (b) Purpose.--The purposes of this Act are as follows:
            (1) To promote the lifelong health of disabled veterans and 
        disabled members of the Armed Forces through regular 
        participation in physical activity and sports.
            (2) To develop a system that promotes disabled sports from 
        the local level through elite levels by creating partnerships 
        among organizations specializing in supporting, training, and 
        promoting programs for disabled athletes.
            (3) To provide training and support to local organizations 
        to provide Paralympic sports training to disabled veterans and 
        disabled members of the Armed Forces in their own communities.
            (4) To provide support to the United States Olympic 
        Committee for the Paralympic Program to increase the 
        participation of disabled veterans and disabled members of the 
        Armed Forces in sports as part of their rehabilitation.

SEC. 3. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ASSISTANCE TO 
              UNITED STATES OLYMPIC COMMITTEE PARALYMPIC PROGRAM.

    (a) Provision of Assistance Authorized.--Subchapter II of chapter 5 
of title 38, United States Code, is amended by inserting after section 
521 the following:
``Sec. 521A. Assistance for United States Olympic Committees Paralympic 
              Program
    ``(a) Authorization To Provide Assistance.--The Secretary may make 
grants to the United States Olympic Committee to plan, develop, manage, 
and implement the Paralympic Program for disabled veterans and disabled 
members of the Armed Forces.
    ``(b) Oversight by Secretary.--As a condition of receiving a grant 
under this section, the United States Olympic Committee shall permit 
the Secretary to conduct such oversight of the use of grant funds as 
the Secretary determines is appropriate.
    ``(c) Application Requirement.--(1) Before the Secretary may make a 
grant to the United States Olympic Committee under this section, the 
Committee shall submit to the Secretary an application that describes 
the activities to be carried out with the grant, including information 
on specific measurable goals and objectives to be achieved using grant 
funds. The application shall include a detailed description of all 
partnerships referred to in paragraph (2) at the national and local 
levels that will be participating in such activities and the amount of 
grant funds that will be made available for each of such partnerships.
    ``(2) Partnerships.--Partnerships referred to in this paragraph are 
agreements between the United States Olympic Committee and national 
organizations with significant experience in the training and support 
of disabled athletes and the promotion of disabled sports at the local 
and national levels. Such organizations include Disabled Sports USA, 
Blaze Sports, Paralyzed Veterans of America, and Disabled American 
Veterans. The agreements shall detail the scope of activities and 
funding provided by the United States Olympic Committee to the partner.
    ``(d) Use of Funds.--(1) The United States Olympic Committee, with 
the assistance and cooperation of the Secretary and the heads of other 
appropriate Federal and State departments and agencies and partnerships 
referred to in subsection (c)(2), shall use a grant under this section 
to recruit, support, encourage, schedule, facilitate, supervise, and 
implement the activities described in paragraph (3) for disabled 
veterans and disabled members of the Armed Forces either directly or by 
supporting a program described in paragraph (2).
    ``(2) A program described in this paragraph is a sport program 
that--
            ``(A) promotes basic physical activity, games, recreation, 
        training, and competition;
            ``(B) is approved by the Secretary; and
            ``(C)(i) provides services and activities described in 
        paragraph (3) for disabled veterans and disabled members of the 
        Armed Forces; and
            ``(ii) may also provide services and activities described 
        in paragraph (3) for individuals with disabilities who are not 
        veterans or members of the Armed Forces, or both; except that 
        funds made available to carry out this section may not be used 
        to support those individuals with disabilities who are not 
        veterans or members of the Armed Forces.
    ``(3) Activities described in this paragraph are--
            ``(A) instruction, participation, and competition in 
        Paralympic sports;
            ``(B) training and technical assistance to program 
        administrators, coaches, recreational therapists, instructors, 
        Department employees, and other appropriate individuals; and
            ``(C) coordination, Paralympic classification of athletes, 
        athlete assessment, sport-specific training techniques, program 
        development (including programs at the local level), program-
        specific medical and personal care support, sports equipment, 
        supplies, program evaluation, and other activities related to 
        the implementation and operation of the program.
    ``(4) A grant made under this section may include, at the 
discretion of the Secretary, an amount for administrative expenses, but 
not to exceed ten percent of the amount of the grant.
    ``(5) Funds made available by the United States Olympic Committee 
to a grantee under subsection (c) may include an amount for 
administrative expenses, but not to exceed ten percent of the amount of 
such funds.
    ``(e) Outreach Requirement.--The Secretary shall conduct an 
outreach campaign to inform all eligible veterans and separating 
members of the Armed Forces with physical disabilities about the 
existence of the Paralympic Program and shall provide for, facilitate, 
and encourage participation of such veterans and separating 
servicemembers in programs under this section to the extent possible.
    ``(f) Coordination.--The Secretary shall ensure access to and use 
of appropriate Department facilities by disabled veterans and disabled 
members of the Armed Forces participating in the Paralympic Program to 
the maximum extent possible and to the extent that such access and use 
does not adversely affect any other assistance provided to veterans.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated $8,000,000 annually to carry out this section.
    ``(h) Separate Accounting.--The Department shall have a separate 
line item in budget proposals of the Department for funds to be 
appropriated to carry out this section. Funds appropriated to carry out 
this section shall not be commingled with any other funds appropriated 
to the Department.
    ``(i) Limitation on Use of Funds.--Except as provided in 
subsections (d)(4) and (d)(5), funds appropriated to carry out this 
section may not be used to support or provide services to individuals 
who are not disabled veterans or disabled members of the Armed 
Forces.''.
    (b) Clerical Amendment.--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 for United States Olympic Committees Paralympic 
                            Program.''.
    (c) Deadline for Memorandum of Understanding.--The Secretary of 
Veterans Affairs may not award a grant under section 521A of title 38, 
United States Code, as added by subsection (a), until the United States 
Olympic Committee has entered into a memorandum of understanding or 
cooperative agreement with the Secretary regarding implementation of 
the Paralympic Program. Such agreement shall be concluded not later 
than 180 days after the date of the enactment of this Act.

SEC. 4. DEPARTMENT OF VETERANS AFFAIRS OFFICE OF NATIONAL VETERANS 
              SPORTS PROGRAMS AND SPECIAL EVENTS.

    (a) Establishment of Office of National Veterans Sports Programs 
and Special Events.--Chapter 3 of title 38, United States Code, is 
amended by adding at the end the following:
``Sec. 321. Office of National Veterans Sports Programs and Special 
              Events
    ``(a) Establishment.--There is in the Department an Office of 
National Veterans Sports Programs and Special Events. There is at the 
head of the Office a Director, who shall report directly to the 
Assistant Secretary for Public and Intergovernmental Affairs of the 
Department.
    ``(b) Responsibilities of Director.--Subject to the direction of 
the Secretary, the Director--
            ``(1) shall establish and carry out qualifying programs and 
        events;
            ``(2) may provide for sponsorship by the Department of 
        qualifying programs and events;
            ``(3) may provide for, facilitate, and encourage 
        participation by disabled veterans in qualifying programs and 
        events; and
            ``(4) shall cooperate with the United States Olympic 
        Committee and its subsidiaries to promote the participation of 
        disabled veterans and disabled members of the Armed Forces in 
        sporting events sponsored by the United States Olympic 
        Committee and its subsidiaries.
    ``(c) Qualifying Program or Event.--For purposes of this section, a 
qualifying program or event is a sports program or other event in which 
disabled veterans and disabled members of the Armed Forces participate 
and that is approved by the Secretary as being consistent with the 
goals and missions of the Department.
    ``(d) Monthly Assistance Allowance.--(1) The Director may provide a 
monthly assistance allowance to a veteran with a disability invited by 
the United States Olympic Committee to compete for a slot on, or 
selected for, the Paralympic Team for any month in which the veteran is 
training or competing in any event sanctioned by the United States 
Olympic Committee or who is residing at a United States Olympic 
Committee training center.
    ``(2) The amount of the monthly assistance payable to a veteran 
under paragraph (1) shall be equal to the monthly amount of subsistence 
allowance that would be payable to the veteran under chapter 31 of this 
title if the veteran were eligible for and entitled to rehabilitation 
under such chapter.
    ``(3) Any amount of assistance paid to a veteran under this 
subsection shall be in addition to any other assistance available to 
the veteran under any other provision of law.
    ``(4) There is authorized to be appropriated to carry out this 
subsection $2,000,000 for fiscal year 2009 and each fiscal year 
thereafter.
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section shall be construed as a limitation on current disabled sports 
and special events supported by the Department.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``321. Office of National Veterans Sports Programs and Special 
                            Events.''.
    (c) Responsibilities of Under Secretary for Health.--The Secretary 
of Veterans Affairs shall direct the Under Secretary for Health of the 
Department of Veterans Affairs--
            (1) to make available, to the maximum extent possible, 
        recreational therapists, physical therapists, and other medical 
        staff to facilitate participation of veterans in sporting 
        events conducted under the auspices of the United States 
        Olympic Committee;
            (2) to allow such personnel to participate in the United 
        States Olympic Committee Paralympic Program without requiring 
        the use of personal leave; and
            (3) to support other similar activities or events as those 
        described in this section and determined to be appropriate by 
        the Secretary.

            Passed the House of Representatives July 31, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.