II 110th CONGRESS 2d Session S. 3376 IN THE SENATE OF THE UNITED STATES July 31, 2008 Mr. Salazar introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL 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.

1.

Short title

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

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, which amended chapter 2205 of title 36, United States Code, which 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 life-long 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.

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:

521A.

Assistance for the United States Olympic Committee 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 Committee 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.

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:

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 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.