[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2921 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2921

  To require pilot programs on training and certification for family 
  caregiver personal care attendants for veterans and members of the 
Armed Forces with traumatic brain injury, to require a pilot program on 
 provision of respite care to such veterans and members, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2008

 Mr. Reid (for Mrs. Clinton) introduced the following bill; which was 
     read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To require pilot programs on training and certification for family 
  caregiver personal care attendants for veterans and members of the 
Armed Forces with traumatic brain injury, to require a pilot program on 
 provision of respite care to such veterans and members, 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 ``Caring for Wounded Warriors Act of 
2008''.

SEC. 2. PILOT PROGRAMS ON TRAINING AND CERTIFICATION FOR FAMILY 
              CAREGIVER PERSONAL CARE ATTENDANTS FOR VETERANS AND 
              MEMBERS OF THE ARMED FORCES WITH TRAUMATIC BRAIN INJURY.

    (a) Pilot Programs Authorized.--The Secretary of Veterans Affairs 
shall, in collaboration with the Secretary of Defense, carry out up to 
three pilot programs to assess the feasibility and advisability of 
providing training and certification for family caregivers of veterans 
and members of the Armed Forces with traumatic brain injury as personal 
care attendants of such veterans and members.
    (b) Locations.--Each pilot program under this section shall be 
carried out in a medical facility of the Department of Veterans 
Affairs. In selecting the locations of the pilot programs, the 
Secretary shall give special emphasis to the polytrauma centers of the 
Department of Veterans Affairs designated as Tier I polytrauma centers.
    (c) Training Curricula.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        develop curricula for the training of personal care attendants 
        under the pilot programs under this section. Such curricula 
        shall incorporate--
                    (A) applicable standards and protocols utilized by 
                certification programs of national brain injury care 
                specialist organizations; and
                    (B) best practices recognized by caregiving 
                organizations.
            (2) Use of existing curricula.--In developing the curricula 
        required by paragraph (1), the Secretary of Veterans Affairs 
        shall, to the extent practicable, utilize and expand upon 
        training curricula developed pursuant to section 744(b) of the 
        John Warner National Defense Authorization Act for Fiscal Year 
        2007 (Public Law 109-364; 120 Stat. 2308).
    (d) Participation in Programs.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        determine the eligibility of a family member of a veteran or 
        member of the Armed Forces for participation in the pilot 
        programs under this section.
            (2) Basis for determination.--A determination made under 
        paragraph (1) shall be based on the needs of the veteran or 
        member of the Armed Forces concerned, as determined by the 
        physician of such veteran or member.
    (e) Eligibility for Compensation.--A family caregiver of a veteran 
or member of the Armed Forces who receives certification as a personal 
care attendant under the pilot programs under this section shall be 
eligible for compensation from the Department of Veterans Affairs for 
care provided to such veteran or member.
    (f) Costs of Training.--
            (1) Training of families of veterans.--Any costs of 
        training provided under the pilot programs under this section 
        for family members of veterans shall be borne by the Secretary 
        of Veterans Affairs.
            (2) Training of families of members of the armed forces.--
        The Secretary of Defense shall reimburse the Secretary of 
        Veterans Affairs for any costs of training provided under the 
        pilot programs for family members of members of the Armed 
        Forces. Amounts for such reimbursement shall be derived from 
        amounts available for Defense Health Program for the TRICARE 
        program.
    (g) Assessment of Family Caregiver Needs.--
            (1) In general.--The Secretary of Veterans Affairs may 
        provide to a family caregiver who receives training under a 
        pilot program under this section--
                    (A) an assessment of their needs with respect to 
                their role as a family caregiver; and
                    (B) a referral to services and support that--
                            (i) are relevant to any needs identified in 
                        such assessment; and
                            (ii) are provided in the community where 
                        the family caregiver resides, including such 
                        services and support provided by community-
                        based organizations, publicly-funded programs, 
                        and the Department of Veterans Affairs.
            (2) Use of existing tools.--In developing and administering 
        an assessment under paragraph (1), the Secretary shall, to the 
        extent practicable, use and expand upon caregiver assessment 
        tools already developed and in use by the Department.
    (h) Construction.--Nothing in this section shall be construed to 
require or permit the Secretary of Veterans Affairs to deny--
            (1) reimbursement for health care services provided to a 
        veteran with a brain injury to a personal care attendant who is 
        not a family member of such veteran; or
            (2) access to other services and benefits otherwise 
        available to veterans with a brain injury.

SEC. 3. PILOT PROGRAM ON PROVISION OF RESPITE CARE TO MEMBERS OF THE 
              ARMED FORCES AND VETERANS WITH TRAUMATIC BRAIN INJURY BY 
              STUDENTS IN GRADUATE PROGRAMS OF EDUCATION RELATED TO 
              MENTAL HEALTH OR REHABILITATION.

    (a) Pilot Program Authorized.--The Secretary of Veterans Affairs 
shall, in collaboration with the Secretary of Defense, carry out a 
pilot program to assess the feasibility and advisability of providing 
respite care to members of the Armed Forces and veterans described in 
subsection (b) through students enrolled in graduate programs of 
education described in subsection (c)(1) to provide--
            (1) relief to the family caregivers of such members and 
        veterans from the responsibilities associated with providing 
        care to such members and veterans; and
            (2) socialization and cognitive skill development to such 
        members and veterans.
    (b) Covered Members and Veterans.--The members of the Armed Forces 
and veterans described in this subsection are the individuals as 
follows:
            (1) Members of the Armed Forces who have been diagnosed 
        with traumatic brain injury, including limitations of 
        ambulatory mobility, cognition, and verbal abilities.
            (2) Veterans who have been so diagnosed.
    (c) Program Locations.--
            (1) In general.--The pilot program shall be carried out at 
        not more than 10 locations selected by the Secretary of 
        Veterans Affairs for purposes of the pilot program. Each 
        location so selected shall be a medical facility of the 
        Department of Veterans Affairs that is in close proximity to, 
        or that has a relationship, affiliation, or established 
        partnership with, an institution of higher education that has a 
        graduate program in an appropriate mental health or 
        rehabilitation related field, such as social work, nursing, 
        psychology, occupational therapy, physical therapy, or 
        interdisciplinary training programs.
            (2) Considerations.--In selecting medical facilities of the 
        Department for the pilot program, the Secretary shall give 
        special consideration to the following:
                    (A) The polytrauma centers of the Department 
                designated as Tier I polytrauma centers.
                    (B) Facilities of the Department in regions with a 
                high concentration of veterans with traumatic brain 
                injury.
    (d) Scope of Assistance.--
            (1) Use of graduate students.--In carrying out the pilot 
        program, the Secretary shall--
                    (A) recruit students enrolled in a graduate program 
                of education selected by the Secretary under subsection 
                (c)(1) to provide respite care to the members of the 
                Armed Forces and veterans described in subsection (b);
                    (B) train such students to provide respite care to 
                such members and veterans; and
                    (C) match such students with such members and 
                veterans in the student's local area for the provision 
                of individualized respite care to such members and 
                veterans.
            (2) Reports.--Each student participating in the pilot 
        program shall submit to the physician of the member of the 
        Armed Forces or the veteran to whom such graduate is providing 
        respite care under the pilot program a report setting forth the 
        status of the member or veteran under such care in such manner 
        and in such frequency as the Secretary may require.
            (3) Coursework credit.--A student that participates in the 
        pilot program and meets the requirements for successful 
        participation established under paragraph (4) and the 
        requirements of paragraph (2), may receive an appropriate 
        amount of coursework credit for such participation as 
        determined by the head of the student's graduate program of 
        education chosen to participate in the pilot program under 
        subsection (c)(1) in consultation with the Secretary.
            (4) Determinations in conjunction with heads of graduate 
        programs of education.--The Secretary shall determine, in 
        collaboration with the head of the graduate program of 
        education chosen to participate in the pilot program under 
        subsection (c)(1), the following:
                    (A) The amount of training that a student shall 
                complete before providing respite care under the pilot 
                program.
                    (B) The number of hours of respite care to be 
                provided by the students who participate in the pilot 
                program.
                    (C) The requirements for successful participation 
                by a student in the pilot program.
    (e) Training Standards and Best Practices.--In providing training 
under subsection (d)(1)(B), the Secretary shall use--
            (1) applicable standards and protocols used by 
        certification programs of national brain injury care specialist 
        organizations in the provision of respite care training; and
            (2) best practices recognized by caregiving organizations.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Family caregiver.--With respect to member of the Armed 
        Forces or a veteran with traumatic brain injury, the term 
        ``family caregiver'' means a relative, partner, or friend of 
        such member or veteran who is providing care to such member or 
        veteran for such traumatic brain injury.
            (2) Respite care.--The term ``respite care'' means the 
        temporary provision of care to an individual to provide relief 
        to the regular caregiver of the individual from the ongoing 
        responsibility of providing care to such individual.
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