S.Amdt. 4823Senate110th Congress (2007-2009)
S.Amdt. 4823
Sponsored by 
Sen. Sheldon Whitehouse (D-RI)
Sen. Sheldon Whitehouse (D-RI)Submitted June 3, 2008
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
TEXT OF AMENDMENTS
SA 4822. Mr. WHITEHOUSE submitted an amendment intended to be
proposed by him to the bill S. 3036, to direct the Administrator of the
Environmental Protection Agency to establish a program to decrease
emissions of greenhouse gases, and for other purposes; which was
ordered to lie on the table; as follows:
Strike the table that appears on page 162 after line 17 and
insert the following:
------------------------------------------------------------------------
Percentage for
auction for
Climate Change
Calendar year Worker Training
and Assistance
Fund
------------------------------------------------------------------------
2012................................................ 3
2013................................................ 3
2014................................................ 3
2015................................................ 3
2016................................................ 2.5
2017................................................ 2.5
2018................................................ 2.5
2019................................................ 2.5
2020................................................ 2.5
2021................................................ 3
2022................................................ 3
2023................................................ 3
2024................................................ 3
2025................................................ 3
2026................................................ 2
2027................................................ 2
2028................................................ 3
2029................................................ 3
2030................................................ 3
2031................................................ 4
2032................................................ 4
2033................................................ 4
2034................................................ 4
2035................................................ 4
2036................................................ 4
2037................................................ 4
2038................................................ 4
2039................................................ 3
2040................................................ 3
2041................................................ 3
2042................................................ 3
2043................................................ 3
2044................................................ 3
2045................................................ 3
2046................................................ 3
2047................................................ 3
2048................................................ 3
2049................................................ 3
2050................................................ 3.
------------------------------------------------------------------------
Strike the table that appears on page 193 before line 1 and
insert the following:
------------------------------------------------------------------------
Percentage for
distribution among
fossil fuel-fired
Calendar year electricity
generators in United
States
------------------------------------------------------------------------
2012............................................. 13
2013............................................. 13
2014............................................. 13
2015............................................. 13
2016............................................. 12.75
2017............................................. 12.5
2018............................................. 12.25
2019............................................. 11.25
2020............................................. 10
2021............................................. 8.5
2022............................................. 7.25
2023............................................. 6.25
2024............................................. 6
2025............................................. 5.75
2026............................................. 3.75
2027............................................. 3.5
2028............................................. 3.25
2029............................................. 3
2030............................................. 2.75.
------------------------------------------------------------------------
Beginning on page 196, strike line 18 and all that follows
through page 201, line 17.
Strike the table that appears on page 203 after line 2 and
insert the following:
------------------------------------------------------------------------
Percentage for
auction for
Calendar year Climate Change
Consumer
Assistance Fund
------------------------------------------------------------------------
2012................................................ 15.25
2013................................................ 15.5
2014................................................ 15.5
2015................................................ 15.75
2016................................................ 16
2017................................................ 16.25
2018................................................ 15.75
2019................................................ 16.75
2020................................................ 16.75
2021................................................ 16.75
2022................................................ 16.75
2023................................................ 16.75
2024................................................ 16.75
2025................................................ 16.75
2026................................................ 16.75
2027................................................ 16.75
2028................................................ 16.75
2029................................................ 16.75
2030................................................ 17.75
2031................................................ 18
2032................................................ 18
2033................................................ 18
2034................................................ 19
2035................................................ 19
2036................................................ 19
2037................................................ 19
2038................................................ 19
2039................................................ 19
2040................................................ 19
2041................................................ 19
2042................................................ 19
2043................................................ 19
2044................................................ 19
2045................................................ 19
2046................................................ 19
2047................................................ 19
2048................................................ 19
2049................................................ 19
2050................................................ 19.
------------------------------------------------------------------------
On page 204, between lines 2 and 3, insert the following:
SEC. 584. USE OF FUNDS.
(a) In General.--Subject to section 585, of amounts
deposited in the Climate Change Consumer Assistance Fund
under section 583, the Administrator shall use--
(1) of the proceeds from the auction of the initial 14
percent of the percentage of emission allowances auctioned
under section 582 for each calendar year--
(A) not less than 50 percent to provide assistance to low-
income households under the program described in subsection
(b); and
(B) not less than 50 percent to provide an earned income
tax credit in accordance with subsection (c); and
(2) the remaining proceeds from auctions under section 582
to carry out other tax initiatives to protect consumers,
especially consumers in greatest need, from increases in
energy and other costs as a result of this Act in accordance
with subsection (d).
(b) Program for Offsetting Impacts on Lower-Income
Americans.--
(1) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator'' means--
(i) the Administrator of the Environmental Protection
Agency; or
(ii) the head of a Federal agency designated by the
Administrator for the purposes of this subsection.
(B) Elderly or disabled member.--The term ``elderly or
disabled member'' has the meaning given the term in section 3
of the Food Stamp Act of 1977 (7 U.S.C. 2012).
[[Page S4975]]
(C) Gross income.--The term ``gross income'' means the
gross income of a household that is determined in accordance
with standards and procedures established under section 5 of
the Food Stamp Act of 1977 (7 U.S.C. 2014).
(D) Household.--The term ``household'' means--
(i) an individual who lives alone; or
(ii) a group of individuals who live together.
(E) Poverty line.--The term ``poverty line'' has the
meaning given the term in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)), including any
revision required by that section.
(F) Program.--The term ``Program'' means the Climate Change
Rebate Program established under paragraph (2).
(G) State.--The term ``State'' means--
(i) each of the several States of the United States;
(ii) the District of Columbia;
(iii) the Commonwealth of Puerto Rico;
(iv) Guam;
(v) American Samoa;
(vi) the Commonwealth of the Northern Mariana Islands; and
(vii) the United States Virgin Islands.
(H) State agency.--
(i) In general.--The term ``State agency'' means an agency
of State government that has responsibility for the
administration of 1 or more federally aided public assistance
programs within the State.
(ii) Inclusions.--The term ``State agency'' includes--
(I) a local office of a State agency described in clause
(i); and
(II) in a case in which federally aided public assistance
programs of a State are operated on a decentralized basis, a
counterpart local agency that administers 1 or more of those
programs.
(2) Climate change rebate program.--The Administrator shall
establish and carry out a program, to be known as the
``Climate Change Rebate Program'', under which, at the
request of a State agency, eligible low-income households
within the State shall be provided an opportunity to receive
compensation, through the issuance of a monthly rebate, for
use in paying certain increased energy-related costs
resulting from the regulation of greenhouse gas emissions
under this Act.
(3) Eligibility.--The Administrator shall limit
participation in the Program to--
(A) households that the applicable State agency determines
meet the gross income test and the asset test standards
described in section 5 of the Food Stamp Act of 1977 (7
U.S.C. 2014); and
(B) households that do not meet those standards, but that
include 1 or more individuals who meet the standards
described in section 1860D-14 of the Social Security Act (42
U.S.C. 1395w-114).
(C) Limitation.--The Administrator shall establish
additional eligibility criteria to ensure that--
(i) only United States citizens, United States nationals,
and lawfully residing immigrants are eligible to receive a
rebate under the Program; and
(ii) each household does not receive more than 1 rebate per
month under the Program.
(4) Monthly rebate amount.--
(A) Establishment.--
(i) In general.--The rebate available under the Program for
each month of a calendar year shall be established by the
Energy Information Administration, in consultation with other
appropriate Federal agencies, by not later than October 1 of
the preceding calendar year.
(ii) Limitation.--The aggregate amount of rebates
distributed in any given year shall not exceed the amount
described in subsection (a)(1).
(iii) Shortage.--If the amount described in subsection
(a)(4) is inadequate to provide monthly rebates to all
eligible households, the Administrator shall devise an
equitable proration to ensure that all eligible households
receive the same portion of the full rebate the eligible
households would have been eligible to receive if adequate
funds had been provided
(B) Method of calculation.--With respect to the calculation
of a monthly rebate under this paragraph--
(i) the maximum monthly rebate provided to a household
during any calendar year shall be equal to \1/12\ of the
projected average annual increase in the costs of goods and
services for that calendar year that results from the
regulation of greenhouse gas emissions under this Act, taking
into consideration--
(I) the size of the household; and
(II) direct and indirect energy costs for consumers in the
lowest-income quintile that is affected by the regulation of
greenhouse gas emissions, net of the effect of any projected
increase in Federal benefits resulting from higher cost-of-
living adjustments based on higher energy-related costs;
(ii) each quintile referred to in clause (i)(II) shall--
(I) be based on income adjusted to account for household
size; and
(II) represent an equal number of individuals; and
(iii) the amount shall be adjusted by household size,
except that the same maximum rebate shall be--
(I) provided to households of 5 or more individuals; and
(II) based on the average cost increases for households of
5 or more individuals.
(C) Greater than 130 percent of poverty line.--A household
with a gross income that is greater than 130 percent of the
poverty line shall not be eligible for a monthly rebate under
this subsection.
(5) Delivery mechanism.--An eligible household shall
receive a rebate through an electronic benefit transfer or
direct deposit into a bank account designated by the eligible
household.
(6) Administration.--
(A) In general.--The State agency of each participating
State shall assume responsibility for--
(i) the certification of households applying for monthly
rebates under this subsection; and
(ii) the issuance, control, and accountability of those
rebates.
(B) Reimbursement of administrative costs.--
(i) In general.--Subject to such standards as shall be
established by the Administrator, the Administrator shall
reimburse each State agency for a portion, as described in
clauses (ii) and (iii), of the administrative costs involved
in the operation by the State agency of the Program.
(ii) Initial 3 years.--During the first 3 fiscal years of
operation of the Program, the Administrator shall reimburse
each State agency for--
(I) 75 percent of the administrative costs of delivering
monthly rebates under this subsection; and
(II) 75 percent of any automated data processing
improvements or electronic benefit transfer contract
amendments that are necessary to provide the monthly rebates.
(iii) Subsequent years.--During the fourth and subsequent
years of operation of the Program, the Administrator shall
reimburse each State agency for 50 percent of all
administrative costs of delivering the monthly rebates under
this subsection.
(C) Treatment.--
(i) Not income or resources.--The value of a rebate
provided under the Program shall not be considered to be
income or a resource for any purpose under any Federal,
State, or local law, including laws relating to an income
tax, public assistance programs (such as health care, cash
aid, child care, nutrition programs, and housing assistance).
(ii) Action by state and local governments.--No State or
local government a resident of which receives a rebate under
the Program shall decrease any assistance that would
otherwise be provided to the resident because of receipt of
the rebate.
(c) Sense of Congress Regarding Earned Income Tax Credit.--
It is the sense of Congress that--
(1) the proceeds from the auction of not less than 7
percent of the total quantity of emission allowances
auctioned for each calendar year should be used to enhance
the earned income tax credit under section 32 of the Internal
Revenue Code of 1986 to assist lower-income workers to afford
the energy-related costs associated with the regulation of
greenhouse gas emissions; and
(2) the Administrator should structure the Climate Change
Rebate Program under subsection (b) in a manner than ensures
that the program phases out for eligible households that
receive an enhanced earned income tax credit as described in
this section.
(d) Sense of Congress Regarding Additional Tax Policies.--
It is the sense of Congress that any additional amounts in
the Climate Change Consumer Assistance Fund should be used to
fund other tax initiatives to protect consumers, especially
consumers in greatest need, from increases in energy and
other costs as a result of this Act.
On page 204, line 3, strike ``584'' and insert ``585''.
On page 204, strike lines 8 through 14.
On page 205, line 4, strike ``9.5'' and insert ``5.5''.
On page 205, line 17, strike ``9.75'' and insert ``5.75''.
On page 206, line 6, strike ``10'' and insert ``6''.
Beginning on page 207, strike line 22 and all that follows
through page 213, line 8.
On page 213, line 9, strike ``(d)'' and insert ``(c)''.
Beginning on page 214, strike line 1 and all that follows
through 215, line 9, and insert the following:
(i) to fund cost-effective energy efficiency and demand
response programs for all fuels and energy types or in
customer-located renewable energy supply in the residential,
commercial, and industrial sectors under the oversight of the
regulatory agencies of local distribution companies, with
significant funding for low-income programs that, in
combination with other provisions of this Act, shall be
designed to prevent energy bill increases for low-income
customers associated with this Act;
(ii) if a local distribution company does not administer
energy efficiency programs under the supervision of a
regulatory agency, for provision by the local distribution
company to the appropriate State energy officer, regulatory
agency, or third-party selected by the regulatory agency for
use in accordance with this section; and
(iii) during the 5-year period beginning on the date of
enactment of this Act, if infrastructure and vendors are not
available to cost-effectively implement expanded programs, to
provide limited rebates for customers, especially low-income
customers, if appropriate.
(B) Statement of encouragement.--In carrying out programs
under subparagraph (A), local distribution entities are
encouraged to give first priority to lowest-income customers.
[[Page S4976]]
On page 216, strike lines 8 through 14, and insert the
following:
(C)(i) how, and to what extent, the local distribution
company used the proceeds of the sale of emission allowances,
including the amount of the proceeds directed to each
consumer class covered in the form of rebates, energy
efficiency, demand response, and distributed generation; and
(ii) the benefits of the programs described in clause (i)
with respect to energy and capacity savings and energy
generation, using a consistent format and methodology to be
developed by the Administrator.
Beginning on page 216, strike line 19 and all that follows
through page 217, line 4.
Strike the table that appears on page 280 after line 12 and
insert the following:
------------------------------------------------------------------------
Percentage for
allocation to
Calendar year Early Action
Program
------------------------------------------------------------------------
2012................................................ 3
2013................................................ 3
2014................................................ 3
2015................................................ 2
2016................................................ 1.5
2017................................................ 1.5
2018................................................ 0.5
2019................................................ 0.5
2020................................................ 0.5
2021................................................ 0
2022................................................ 0
2023................................................ 0
2024................................................ 0
2025................................................ 0.
------------------------------------------------------------------------
______
SA 4823 Mr. WHITEHOUSE submitted an amendment intended to be proposed
by him to the bill S. 3036, to direct the Administrator of the
Environmental Protection Agency to establish a program to decrease
emissions of greenhouse gases, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. INSTITUTES FOR OCEAN AND COASTAL ADAPTATION.
(a) Establishment.--The Administrator of the National
Oceanic and Atmospheric Administration shall establish 4
regional institutes, to be known as ``Institutes for Ocean
and Coastal Adaptation'', at institutions of higher education
in the United States for research, planning, and related
efforts to assess and prepare for the impacts of climate
change on ocean and coastal areas, including the Great Lakes.
(b) Location.--The Administrator shall designate the
location of 1 of the regional institutes established under
subsection (a) at an institution of higher education in each
of the following regions:
(1) The Northeast Region, which shall include Connecticut,
Delaware, Maine, Maryland, Massachusetts, New Hampshire, New
Jersey, New York, Rhode Island, and Vermont.
(2) The Southeast and Gulf Coast Region, which shall
include Alabama, Florida, Georgia, Louisiana, Mississippi,
North Carolina, Puerto Rico, South Carolina, Texas, Virginia,
and the Virgin Islands.
(3) The Western/Pacific Region, which shall include Alaska,
American Samoa, California, Guam, Hawaii, the Northern
Mariana Islands, Oregon, and Washington.
(4) The Great Lakes Region, which shall include Illinois,
Indiana, Michigan, Minnesota, and Ohio, and Wisconsin.
(c) Grants Authorized.--
(1) In general.--The Administrator shall award grants to 4
institutions of higher education to carry out the purposes of
this section.
(2) Application.--An institution of higher education
seeking to operate an institute under this section shall
submit an application to the Administrator at such time, in
such manner, and containing such information as the
Administrator may reasonably require.
(d) Schedule.--The Administrator shall--
(1) accept applications for grants under this section
beginning not later than 9 months after the date of the
enactment of this Act; and
(2) award all of the grants authorized under this section
not later than 90 days after the first day on which
applications are accepted.
(e) Objectives.--The Institutes for Ocean and Coastal
Adaptation shall be centers of excellence that--
(1) document and predict coastal and ocean effects of
climate change; and
(2) serve as a principal national and international
resource for providing technical expertise on adaptation
strategies for ocean and coastal areas to respond to climate
change.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
______
SA 4824. Mrs. BOXER (for Mr. Akaka (for himself and Mr. Burr))
proposed an amendment to the bill S. 2162, to improve the treatment and
services provided by the Department of Veterans Affairs to veterans
with post-traumatic stress disorder and substance use disorders, and
for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans'
Mental Health and Other Care Improvements Act of 2008''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--HEALTH CARE MATTERS
Sec. 101. Veterans beneficiary travel program.
Sec. 102. Mandatory reimbursement of veterans receiving emergency
treatment in non-Department of Veterans Affairs
facilities until transfer to Department facilities.
Sec. 103. Epilepsy centers of excellence.
Sec. 104. Establishment of qualifications for peer specialist
appointees.
TITLE II--PAIN CARE
Sec. 201. Comprehensive policy on pain management.
TITLE III--SUBSTANCE USE DISORDERS AND MENTAL HEALTH CARE
Sec. 301. Findings on substance use disorders and mental health.
Sec. 302. Expansion of substance use disorder treatment services
provided by Department of Veterans Affairs.
Sec. 303. Care for veterans with mental health and substance use
disorders.
Sec. 304. National centers of excellence on post-traumatic stress
disorder and substance use disorders.
Sec. 305. Report on residential mental health care facilities of the
Veterans Health Administration.
Sec. 306. Tribute to Justin Bailey.
TITLE IV--MENTAL HEALTH ACCESSIBILITY ENHANCEMENTS
Sec. 401. Pilot program on peer outreach and support for veterans and
use of community mental health centers and Indian Health
Service facilities.
TITLE V--MENTAL HEALTH RESEARCH
Sec. 501. Research program on comorbid post-traumatic stress disorder
and substance use disorders.
Sec. 502. Extension of authorization for Special Committee on Post-
Traumatic Stress Disorder.
TITLE VI--ASSISTANCE FOR FAMILIES OF VETERANS
Sec. 601. Clarification of authority of Secretary of Veterans Affairs
to provide mental health services to families of
veterans.
Sec. 602. Pilot program on provision of readjustment and transition
assistance to veterans and their families in cooperation
with Vet Centers.
TITLE VII--HOMELESS VETERANS MATTERS
Sec. 701. Repeal of authority for adjustments to per diem payments to
homeless veterans service centers for receipt of other
sources of income.
Sec. 702. Expansion and extension of authority for program of referral
and counseling services for at-risk veterans
transitioning from certain institutions.
Sec. 703. Availability of grant funds to service centers for personnel.
Sec. 704. Permanent authority for domiciliary services for homeless
veterans and enhancement of capacity of domiciliary care
programs for female veterans.
Sec. 705. Financial assistance for supportive services for very low-
income veteran families in permanent housing.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 38, United States Code.
TITLE I--HEALTH CARE MATTERS
SEC. 101. VETERANS BENEFICIARY TRAVEL PROGRAM.
(a) Repeal of Requirement to Adjust Amounts Deducted From
Payments or Allowances for Beneficiary Travel.--
(1) In general.--Section 111(c) is amended--
(A) by striking paragraph (5); and
(B) in paragraph (2), by striking ``, except as provided in
paragraph (5) of this subsection,''.
(2) Reinstatement of amount of deduction specified by
statute.--Notwithstanding any adjustment made by the
Secretary of Veterans Affairs under paragraph (5) of section
111(c) of title 38, United States Code, as such paragraph was
in effect before the date of the enactment of this Act, the
amount deducted under paragraph (1) of such section 111(c) on
or after such date shall be the amount specified in such
paragraph.
(b) Determination of Mileage Reimbursement Rate.--Section
111(g) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Subject to paragraph (3), in determining the amount
of allowances or reimbursement to be paid under this section,
the
[[Page S4977]]
Secretary shall use the mileage reimbursement rate for the
use of privately owned vehicles by Government employees on
official business (when a Government vehicle is available),
as prescribed by the Administrator of General Services under
section 5707(b) of title 5.'';
(2) by striking paragraphs (3) and (4); and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Subject to the availability of appropriations, the
Secretary may modify the amount of allowances or
reimbursement to be paid under this section using a mileage
reimbursement rate in excess of that prescribed under
paragraph (1).''.
(c) Report.--Not later than 14 months after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report containing an estimate of the
additional costs incurred by the Department of Veterans
Affairs because of this section, including--
(1) any costs resulting from increased utilization of
healthcare services by veterans eligible for travel
allowances or reimbursements under section 111 of title 38,
United States Code; and
(2) the additional costs that would be incurred by the
Department should the Secretary exercise the authority
described in subsection (g)(3) of such section.
(d) Effective Date.--The amendments made by this section
shall apply with respect to travel expenses incurred after
the expiration of the 90-day period that begins on the date
of the enactment of this Act.
SEC. 102. MANDATORY REIMBURSEMENT OF VETERANS RECEIVING
EMERGENCY TREATMENT IN NON-DEPARTMENT OF
VETERANS AFFAIRS FACILITIES UNTIL TRANSFER TO
DEPARTMENT FACILITIES.
(a) Certain Veterans Without Service-Connected
Disability.--Section 1725 is amended--
(1) in subsection (a)(1), by striking ``may reimburse'' and
inserting ``shall reimburse''; and
(2) in subsection (f)(1), by striking subparagraph (C) and
inserting the following new subparagraph (C):
``(C) until--
``(i) such time as the veteran can be transferred safely to
a Department facility or other Federal facility and such
facility is capable of accepting such transfer; or
``(ii) such time as a Department facility or other Federal
facility accepts such transfer if--
``(I) at the time the veteran could have been transferred
safely to a Department facility or other Federal facility, no
Department facility or other Federal facility agreed to
accept such transfer; and
``(II) the non-Department facility in which such medical
care or services was furnished made and documented reasonable
attempts to transfer the veteran to a Department facility or
other Federal facility.''.
(b) Certain Veterans With Service-Connected Disability.--
Section 1728 is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) The Secretary shall, under such regulations as the
Secretary prescribes, reimburse veterans eligible for
hospital care or medical services under this chapter for the
customary and usual charges of emergency treatment (including
travel and incidental expenses under the terms and conditions
set forth in section 111 of this title) for which such
veterans have made payment, from sources other than the
Department, where such emergency treatment was rendered to
such veterans in need thereof for any of the following:
``(1) An adjudicated service-connected disability.
``(2) A non-service-connected disability associated with
and held to be aggravating a service-connected disability.
``(3) Any disability of a veteran if the veteran has a
total disability permanent in nature from a service-connected
disability.
``(4) Any illness, injury, or dental condition of a veteran
who--
``(A) is a participant in a vocational rehabilitation
program (as defined in section 3101(9) of this title); and
``(B) is medically determined to have been in need of care
or treatment to make possible the veteran's entrance into a
course of training, or prevent interruption of a course of
training, or hasten the return to a course of training which
was interrupted because of such illness, injury, or dental
condition.'';
(2) in subsection (b), by striking ``care or services''
both places it appears and inserting ``emergency treatment'';
and
(3) by adding at the end the following new subsection:
``(c) In this section, the term `emergency treatment' has
the meaning given such term in section 1725(f)(1) of this
title.''.
SEC. 103. EPILEPSY CENTERS OF EXCELLENCE.
(a) In General.--Subchapter II of chapter 73 is amended by
adding at the end the following new section:
``Sec. 7330A. Epilepsy centers of excellence
``(a) Establishment of Centers.--(1) Not later than 120
days after the date of the enactment of this section, the
Secretary shall, upon the recommendation of the Under
Secretary for Health, designate not less than six Department
health-care facilities as the locations for epilepsy centers
of excellence.
``(2) Subject to the availability of appropriations for
such purpose, the Secretary shall establish and operate
epilepsy centers of excellence at the locations designated
pursuant to paragraph (1).
``(b) Designation of Facilities.--(1) The Secretary may not
designate a Department health-care facility as a location for
an epilepsy center of excellence under subsection (a)(1)
unless the peer review panel established under subsection (c)
has determined under that subsection that the proposal
submitted by such facility seeking designation as a location
for an epilepsy center of excellence is among those proposals
that meet the highest competitive standards of scientific and
clinical merit.
``(2) In choosing from among the facilities meeting the
requirements of paragraph (1), the Secretary shall also
consider appropriate geographic distribution when designating
the epilepsy centers of excellence under subsection (a)(1).
``(c) Peer Review Panel.--(1) The Under Secretary for
Health shall establish a peer review panel to assess the
scientific and clinical merit of proposals that are submitted
to the Secretary for the designation of epilepsy centers of
excellence under this section.
``(2)(A) The membership of the peer review panel shall
consist of experts on epilepsy, including post-traumatic
epilepsy.
``(B) Members of the peer review panel shall serve for a
period of no longer than two years, except as specified in
subparagraph (C).
``(C) Of the members first appointed to the panel, one half
shall be appointed for a period of three years and one half
shall be appointed for a period of two years, as designated
by the Under Secretary at the time of appointment.
``(3) The peer review panel shall review each proposal
submitted to the panel by the Under Secretary for Health and
shall submit its views on the relative scientific and
clinical merit of each such proposal to the Under Secretary.
``(4) The peer review panel shall not be subject to the
Federal Advisory Committee Act.
``(d) Epilepsy Center of Excellence Defined.--In this
section, the term `epilepsy center of excellence' means a
Department health-care facility that has (or in the
foreseeable future can develop) the necessary capacity to
function as a center of excellence in research, education,
and clinical care activities in the diagnosis and treatment
of epilepsy and has (or may reasonably be anticipated to
develop) each of the following:
``(1) An affiliation with an accredited medical school that
provides education and training in neurology, including an
arrangement with such school under which medical residents
receive education and training in the diagnosis and treatment
of epilepsy (including neurosurgery).
``(2) The ability to attract the participation of
scientists who are capable of ingenuity and creativity in
health-care research efforts.
``(3) An advisory committee composed of veterans and
appropriate health-care and research representatives of the
facility and of the affiliated school or schools to advise
the directors of such facility and such center on policy
matters pertaining to the activities of the center during the
period of the operation of such center.
``(4) The capability to conduct effectively evaluations of
the activities of such center.
``(5) The capability to coordinate (as part of an
integrated national system) education, clinical care, and
research activities within all facilities with such centers.
``(6) The capability to develop jointly a national
consortium of providers with interest in treating epilepsy at
Department health-care facilities lacking such centers in
order to ensure better access to state-of-the-art diagnosis,
research, clinical care, and education for traumatic brain
injury and epilepsy throughout the health-care system of the
Department. Such consortium should include a designated
epilepsy referral clinic in each Veterans Integrated Service
Network.
``(7) The capability to assist in the expansion of the
Department's use of information systems and databases to
improve the quality and delivery of care for veterans
enrolled within the Department's health care system.
``(8) The capability to assist in the expansion of the
Department telehealth program to develop, transmit, monitor,
and review neurological diagnostic tests.
``(9) The ability to perform epilepsy research, education,
and clinical care activities in collaboration with Department
medical facilities that have centers for research, education,
and clinical care activities on complex multi-trauma
associated with combat injuries established under section
7327 of this title.
``(e) National Coordinator for Epilepsy Programs.--(1) To
assist the Secretary and the Under Secretary for Health in
carrying out this section, the Secretary shall designate an
individual in the Veterans Health Administration to act as a
national coordinator for epilepsy programs of the Veterans
Health Administration.
``(2) The duties of the national coordinator for epilepsy
programs shall include the following:
``(A) To supervise the operation of the centers established
pursuant to this section.
``(B) To coordinate and support the national consortium of
providers with interest in treating epilepsy at Department
health-care facilities lacking such centers in order
[[Page S4978]]
to ensure better access to state-of-the-art diagnosis,
research, clinical care, and education for traumatic brain
injury and epilepsy throughout the health-care system of the
Department.
``(C) To conduct regular evaluations of the epilepsy
centers of excellence to ensure compliance with the
requirements of this section.
``(3) In carrying out duties under this subsection, the
national coordinator for epilepsy programs shall report to
the official of the Veterans Health Administration
responsible for neurology.
``(f) Authorization of Appropriations.--(1) There are
authorized to be appropriated $6,000,000 for each of fiscal
years 2009 through 2013 for the support of the clinical care,
research, and education activities of the epilepsy centers of
excellence established and operated pursuant to subsection
(a)(2).
``(2) There are authorized to be appropriated for each
fiscal year after fiscal year 2013 such sums as may be
necessary for the support of the clinical care, research, and
education activities of the epilepsy centers of excellence
established and operated pursuant to subsection (a)(2).
``(3) The Secretary shall ensure that funds for such
centers are designated for the first three years of operation
as a special purpose program for which funds are not
allocated through the Veterans Equitable Resource Allocation
system.
``(4) In addition to amounts authorized to be appropriated
under paragraphs (1) and (2) for a fiscal year, the Under
Secretary for Health shall allocate to such centers from
other funds appropriated generally for the Department medical
services account and medical and prosthetics research
account, as appropriate, such amounts as the Under Secretary
for Health determines appropriate.
``(5) In addition to amounts authorized to be appropriated
under paragraphs (1) and (2) for a fiscal year, there are
authorized to be appropriated such sums as may be necessary
to fund the national coordinator established by subsection
(e).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 73 is amended by inserting after the
item relating to section 7330 the following new item:
``7330A. Epilepsy centers of excellence.''.
SEC. 104. ESTABLISHMENT OF QUALIFICATIONS FOR PEER SPECIALIST
APPOINTEES.
(a) In General.--Section 7402(b) is amended--
(1) by redesignating the paragraph (11) relating to other
health-care positions as paragraph (14); and
(2) by inserting after paragraph (12) the following new
paragraph (13):
``(13) Peer Specialist.--To be eligible to be appointed to
a peer specialist position, a person must--
``(A) be a veteran who has recovered or is recovering from
a mental health condition; and
``(B) be certified by--
``(i) a not-for-profit entity engaged in peer specialist
training as having met such criteria as the Secretary shall
establish for a peer specialist position; or
``(ii) a State as having satisfied relevant State
requirements for a peer specialist position.''.
(b) Peer Specialist Training.--Section 7402 is amended by
adding at the end the following new subsection:
``(g) The Secretary may enter into contracts with not-for-
profit entities to provide--
``(1) peer specialist training to veterans; and
``(2) certification for veterans under subsection
(b)(13)(B)(i).''.
TITLE II--PAIN CARE
SEC. 201. COMPREHENSIVE POLICY ON PAIN MANAGEMENT.
(a) Comprehensive Policy Required.--Not later than October
1, 2008, the Secretary of Veterans Affairs shall develop and
implement a comprehensive policy on the management of pain
experienced by veterans enrolled for health care services
provided by the Department of Veterans Affairs.
(b) Scope of Policy.--The policy required by subsection (a)
shall cover each of the following:
(1) The Department-wide management of acute and chronic
pain experienced by veterans.
(2) The standard of care for pain management to be used
throughout the Department.
(3) The consistent application of pain assessments to be
used throughout the Department.
(4) The assurance of prompt and appropriate pain care
treatment and management by the Department, system-wide, when
medically necessary.
(5) Department programs of research related to acute and
chronic pain suffered by veterans, including pain
attributable to central and peripheral nervous system damage
characteristic of injuries incurred in modern warfare.
(6) Department programs of pain care education and training
for health care personnel of the Department.
(7) Department programs of patient education for veterans
suffering from acute or chronic pain and their families.
(c) Updates.--The Secretary shall revise the policy
required by subsection (a) on a periodic basis in accordance
with experience and evolving best practice guidelines.
(d) Consultation.--The Secretary shall develop the policy
required by subsection (a), and revise such policy under
subsection (c), in consultation with veterans service
organizations and other organizations with expertise in the
assessment, diagnosis, treatment, and management of pain.
(e) Annual Report.--
(1) In general.--Not later than 180 days after the date of
the completion and initial implementation of the policy
required by subsection (a) and on October 1 of every fiscal
year thereafter through fiscal year 2018, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a report on the implementation of the policy
required by subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the policy developed and implemented
under subsection (a) and any revisions to such policy under
subsection (c).
(B) A description of the performance measures used to
determine the effectiveness of such policy in improving pain
care for veterans system-wide.
(C) An assessment of the adequacy of Department pain
management services based on a survey of patients managed in
Department clinics.
(D) A assessment of the research projects of the Department
relevant to the treatment of the types of acute and chronic
pain suffered by veterans.
(E) An assessment of the training provided to Department
health care personnel with respect to the diagnosis,
treatment, and management of acute and chronic pain.
(F) An assessment of the patient pain care education
programs of the Department.
(f) Veterans Service Organization Defined.--In this
section, the term ``veterans service organization'' means any
organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38,
United States Code.
TITLE III--SUBSTANCE USE DISORDERS AND MENTAL HEALTH CARE
SEC. 301. FINDINGS ON SUBSTANCE USE DISORDERS AND MENTAL
HEALTH.
Congress makes the following findings:
(1) More than 1,500,000 members of the Armed Forces have
been deployed in Operation Iraqi Freedom and Operation
Enduring Freedom. The 2005 Department of Defense Survey of
Health Related Behaviors Among Active Duty Personnel reports
that 23 percent of members of the Armed Forces on active duty
acknowledge a significant problem with alcohol use, with
similar rates of acknowledged problems with alcohol use among
members of the National Guard.
(2) The effects of substance abuse are wide ranging,
including significantly increased risk of suicide,
exacerbation of mental and physical health disorders,
breakdown of family support, and increased risk of
unemployment and homelessness.
(3) While veterans suffering from mental health conditions,
chronic physical illness, and polytrauma may be at increased
risk for development of a substance use disorder, treatment
for these veterans is complicated by the need to address
adequately the physical and mental symptoms associated with
these conditions through appropriate medical intervention.
(4) While the Veterans Health Administration has
dramatically increased health services for veterans from 1996
through 2006, the number of veterans receiving specialized
substance abuse treatment services decreased 18 percent
during that time. No comparable decrease in the national rate
of substance abuse has been observed during that time.
(5) While some facilities of the Veterans Health
Administration provide exemplary substance use disorder
treatment services, the availability of such treatment
services throughout the health care system of the Veterans
Health Administration is inconsistent.
(6) According to the Government Accountability Office, the
Department of Veterans Affairs significantly reduced its
substance use disorder treatment and rehabilitation services
between 1996 and 2006, and has made little progress since in
restoring these services to their pre-1996 levels.
SEC. 302. EXPANSION OF SUBSTANCE USE DISORDER TREATMENT
SERVICES PROVIDED BY DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs shall
ensure the provision of such services and treatment to each
veteran enrolled in the health care system of the Department
of Veterans Affairs who is in need of services and treatments
for a substance use disorder as follows:
(1) Short term motivational counseling services.
(2) Intensive outpatient or residential care services.
(3) Relapse prevention services.
(4) Ongoing aftercare and outpatient counseling services.
(5) Opiate substitution therapy services.
(6) Pharmacological treatments aimed at reducing craving
for drugs and alcohol.
(7) Detoxification and stabilization services.
(8) Such other services as the Secretary considers
appropriate.
(b) Provision of Services.--The services and treatments
described in subsection (a) may be provided to a veteran
described in such subsection--
(1) at Department of Veterans Affairs medical centers or
clinics;
[[Page S4979]]
(2) by referral to other facilities of the Department that
are accessible to such veteran; or
(3) by contract or fee-for-service payments with community-
based organizations for the provision of such services and
treatments.
(c) Alternatives in Case of Services Denied Due to Clinical
Necessity.--If the Secretary denies the provision to a
veteran of services or treatment for a substance use disorder
due to clinical necessity, the Secretary shall provide the
veteran such other services or treatments as are medically
appropriate.
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report setting forth, for each medical
facility of the Department, the availability of the
following:
(1) Medically supervised withdrawal management.
(2) Programs for treatment of alcohol and other substance
use disorders that are--
(A) integrated with primary health care services; or
(B) available as specialty substance use disorder services.
(3) Specialty programs for the treatment of post-traumatic
stress disorder.
(4) Programs to treat veterans who are diagnosed with both
a substance use disorder and a mental health disorder.
SEC. 303. CARE FOR VETERANS WITH MENTAL HEALTH AND SUBSTANCE
USE DISORDERS.
(a) In General.--If the Secretary of Veterans Affairs
provides a veteran inpatient or outpatient care for a
substance use disorder and a comorbid mental health disorder,
the Secretary shall ensure that treatment for such disorders
is provided concurrently--
(1) through a service provided by a clinician or health
professional who has training and expertise in treatment of
substance use disorders and mental health disorders;
(2) by separate substance use disorder and mental health
disorder treatment services when there is appropriate
coordination, collaboration, and care management between such
treatment services; or
(3) by a team of clinicians with appropriate expertise.
(b) Team of Clinicians With Appropriate Expertise
Defined.--In this section, the term ``team of clinicians with
appropriate expertise'' means a team consisting of the
following:
(1) Clinicians and health professionals with expertise in
treatment of substance use disorders and mental health
disorders who act in coordination and collaboration with each
other.
(2) Such other professionals as the Secretary considers
appropriate for the provision of treatment to veterans for
substance use and mental health disorders.
SEC. 304. NATIONAL CENTERS OF EXCELLENCE ON POST-TRAUMATIC
STRESS DISORDER AND SUBSTANCE USE DISORDERS.
(a) In General.--Subchapter II of chapter 73, as amended by
sections 210 and 303 of this Act, is further amended by
adding at the end the following new section:
``Sec. 7330C. National centers of excellence on post-
traumatic stress disorder and substance use disorders
``(a) Establishment of Centers.--(1) The Secretary shall
establish not less than six national centers of excellence on
post-traumatic stress disorder and substance use disorders.
``(2) The purpose of the centers established under this
section is to serve as Department facilities that provide
comprehensive inpatient or residential treatment and recovery
services for veterans diagnosed with both post-traumatic
stress disorder and a substance use disorder.
``(b) Location.--Each center established in accordance with
subsection (a) shall be located at a medical center of the
Department that--
``(1) provides specialized care for veterans with post-
traumatic stress disorder and a substance use disorder; and
``(2) is geographically situated in an area with a high
number of veterans that have been diagnosed with both post-
traumatic stress disorder and substance use disorder.
``(c) Process of Referral and Transition to Step Down
Diagnosis Rehabilitation Treatment Programs.--The Secretary
shall establish a process to refer and aid the transition of
veterans from the national centers of excellence on post-
traumatic stress disorder and substance use disorders
established pursuant to subsection (a) to programs that
provide step down rehabilitation treatment for individuals
with post-traumatic stress disorder and substance use
disorders.
``(d) Collaboration With the National Center for Post-
Traumatic Stress Disorder.--The centers established under
this section shall collaborate in the research of the
National Center for Post-Traumatic Stress Disorder.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 73 is amended by inserting after the
item relating to section 7330 the following new item:
``7330C. National centers of excellence on post-traumatic stress
disorder and substance use disorders.''.
SEC. 305. REPORT ON RESIDENTIAL MENTAL HEALTH CARE FACILITIES
OF THE VETERANS HEALTH ADMINISTRATION.
(a) Reviews.--The Secretary of Veterans Affairs shall,
acting through the Office of Mental Health Services of the
Department of Veterans Affairs--
(1) not later than six months after the date of the
enactment of this Act, conduct a review of all residential
mental health care facilities, including domiciliary
facilities, of the Veterans Health Administration; and
(2) not later than two years after the date of the
completion of the review required by paragraph (1), conduct a
follow-up review of such facilities to evaluate any
improvements made or problems remaining since the review
under paragraph (1) was completed.
(b) Report.--Not later than 90 days after the completion of
the review required by subsection (a)(1), the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a report on such review. The report shall
include the following:
(1) A description of the availability of care in
residential mental health care facilities in each Veterans
Integrated Service Network (VISN).
(2) An assessment of the supervision and support provided
in the residential mental health care facilities of the
Veterans Health Administration.
(3) The ratio of staff members at each residential mental
health care facility to patients at such facility.
(4) An assessment of the appropriateness of rules and
procedures for the prescription and administration of
medications to patients in such residential mental health
care facilities.
(5) A description of the protocols at each residential
mental health care facility for handling missed appointments.
(6) Any recommendations the Secretary considers appropriate
for improvements to such residential mental health care
facilities and the care provided in such facilities.
SEC. 306. TRIBUTE TO JUSTIN BAILEY.
This title is enacted in tribute to Justin Bailey, who,
after returning to the United States from service as a member
of the Armed Forces in Operation Iraqi Freedom, died in a
domiciliary facility of the Department of Veterans Affairs
while receiving care for post-traumatic stress disorder and a
substance use disorder.
TITLE IV--MENTAL HEALTH ACCESSIBILITY ENHANCEMENTS
SEC. 401. PILOT PROGRAM ON PEER OUTREACH AND SUPPORT FOR
VETERANS AND USE OF COMMUNITY MENTAL HEALTH
CENTERS AND INDIAN HEALTH SERVICE FACILITIES.
(a) Pilot Program Required.--Commencing not later than 180
days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall carry out a pilot program
to assess the feasability and advisability of providing to
veterans of Operation Iraqi Freedom and Operation Enduring
Freedom, and, in particular, veterans who served in such
operations as a member of the National Guard or Reserve, the
following:
(1) Peer outreach services.
(2) Peer support services provided by licensed providers of
peer support services or veterans who have personal
experience with mental illness.
(3) Readjustment counseling services described in section
1712A of title 38, United States Code.
(4) Other mental health services.
(b) Provision of Certain Services.--In providing services
described in paragraphs (3) and (4) of subsection (a) under
the pilot program to veterans who reside in rural areas and
do not have adequate access through the Department of
Veterans Affairs to the services described in such
paragraphs, the Secretary shall, acting through the Office of
Mental Health Services and the Office of Rural Health,
provide such services as follows:
(1) Through community mental health centers or other
entities under contracts or other agreements for the
provision of such services that are entered into for purposes
of the pilot program.
(2) Through the Indian Health Service pursuant to a
memorandum of understanding entered into by the Secretary of
Veterans Affairs and the Secretary of Health and Human
Services for purposes of the pilot program.
(c) Duration.--The pilot program shall be carried out
during the three-year period beginning on the date of the
commencement of the pilot program.
(d) Program Locations.--
(1) In general.--The pilot program shall be carried out
within areas selected by the Secretary for the purpose of the
pilot program in at least two Veterans Integrated Service
Networks (VISN).
(2) Rural geographic locations.--The locations selected
shall be in rural geographic locations that, as determined by
the Secretary, lack access to comprehensive mental health
services through the Department of Veterans Affairs.
(3) Qualified providers.--In selecting locations for the
pilot program, the Secretary shall select locations in which
an adequate number of licensed mental health care providers
with credentials equivalent to those of Department mental
health care providers are available in Indian Health Service
facilities, community mental health centers, and other
entities are available for participation in the pilot
program.
(e) Participation in Program.--Each community mental health
center, facility of the
[[Page S4980]]
Indian Health Service, or other entity participating in the
pilot program under subsection (b) shall--
(1) provide the services described in paragraphs (3) and
(4) of subsection (a) to eligible veterans, including, to the
extent practicable, telehealth services that link the center
or facility with Department of Veterans Affairs clinicians;
(2) use the clinical practice guidelines of the Veterans
Health Administration or the Department of Defense in the
provision of such services; and
(3) meet such other requirements as the Secretary shall
require.
(f) Compliance With Department Protocols.--Each community
mental health center, facility of the Indian Health Service,
or other entity participating in the pilot program under
subsection (b) shall comply with--
(1) applicable protocols of the Department before incurring
any liability on behalf of the Department for the provision
of services as part of the pilot program; and
(2) access and quality standards of the Department relevant
to the provision of services as part of the pilot program.
(g) Provision of Clinical Information.--Each community
mental health center, facility of the Indian Health Service,
or other entity participating in the pilot program under
subsection (b) shall, in a timely fashion, provide the
Secretary with such clinical information on each veteran for
whom such health center or facility provides mental health
services under the pilot program as the Secretary shall
require.
(h) Training.--
(1) Training of veterans.--As part of the pilot program,
the Secretary shall carry out a program of training for
veterans described in subsection (a) to provide the services
described in paragraphs (1) and (2) of such subsection.
(2) Training of clinicians.--
(A) In general.--The Secretary shall conduct a training
program for clinicians of community mental health centers,
Indian Health Service facilities, or other entities
participating in the pilot program under subsection (b) to
ensure that such clinicians can provide the services
described in paragraphs (3) and (4) of subsection (a) in a
manner that accounts for factors that are unique to the
experiences of veterans who served on active duty in
Operation Iraqi Freedom or Operation Enduring Freedom
(including their combat and military training experiences).
(B) Participation in training.--Personnel of each community
mental health center, facility of the Indian Health Service,
or other entity participating in the pilot program under
subsection (b) shall participate in the training program
conducted pursuant to subparagraph (A).
(i) Annual Reports.--Each community mental health center,
facility of the Indian Health Service, or other entity
participating in the pilot program under subsection (b) shall
submit to the Secretary on an annual basis a report
containing, with respect to the provision of services under
subsection (b) and for the last full calendar year ending
before the submission of such report--
(1) the number of--
(A) veterans served; and
(B) courses of treatment provided; and
(2) demographic information for such services, diagnoses,
and courses of treatment.
(j) Program Evaluation.--
(1) In general.--The Secretary shall, through Department of
Veterans Affairs Mental Health Services investigators and in
collaboration with relevant program offices of the
Department, design and implement a strategy for evaluating
the pilot program.
(2) Elements.--The strategy implemented under paragraph (1)
shall assess the impact that contracting with community
mental health centers, the Indian Health Service, and other
entities participating in the pilot program under subsection
(b) has on the following:
(A) Access to mental health care by veterans in need of
such care.
(B) The use of telehealth services by veterans for mental
health care needs.
(C) The quality of mental health care and substance use
disorder treatment services provided to veterans in need of
such care and services.
(D) The coordination of mental health care and other
medical services provided to veterans.
(k) Definitions.--In this section:
(1) The term ``community mental health center'' has the
meaning given such term in section 410.2 of title 42, Code of
Federal Regulations (as in effect on the day before the date
of the enactment of this Act).
(2) The term ``eligible veteran'' means a veteran in need
of mental health services who--
(A) is enrolled in the Department of Veterans Affairs
health care system; and
(B) has received a referral from a health professional of
the Veterans Health Administration to a community mental
health center, a facility of the Indian Health Service, or
other entity for purposes of the pilot program.
(3) The term ``Indian Health Service'' means the
organization established by section 601(a) of the Indian
Health Care Improvement Act (25 U.S.C. 1661(a)).
(l) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
the provisions of this section.
TITLE V--MENTAL HEALTH RESEARCH
SEC. 501. RESEARCH PROGRAM ON COMORBID POST-TRAUMATIC STRESS
DISORDER AND SUBSTANCE USE DISORDERS.
(a) Program Required.--The Secretary of Veterans Affairs
shall carry out a program of research into comorbid post-
traumatic stress disorder (PTSD) and substance use disorder.
(b) Discharge Through National Center for Posttraumatic
Stress Disorder.--The research program required by subsection
(a) shall be carried out by the National Center for
Posttraumatic Stress Disorder. In carrying out the program,
the Center shall--
(1) develop protocols and goals with respect to research
under the program; and
(2) coordinate research, data collection, and data
dissemination under the program.
(c) Research.--The program of research required by
subsection (a) shall address the following:
(1) Comorbid post-traumatic stress disorder and substance
use disorder.
(2) The systematic integration of treatment for post-
traumatic stress disorder with treatment for substance use
disorder.
(3) The development of protocols to evaluate care of
veterans with comorbid post-traumatic stress disorder and
substance use disorder and to facilitate cumulative clinical
progress of such veterans over time.
(d) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated for the Department of Veterans Affairs for
each of fiscal years 2008 through 2011, $2,000,000 to carry
out this section.
(2) Availability.--Amounts authorized to be appropriated by
paragraph (1) shall be made available to the National Center
on Posttraumatic Stress Disorder for the purpose specified in
that paragraph.
(3) Supplement not supplant.--Any amount made available to
the National Center on Posttraumatic Stress Disorder for a
fiscal year under paragraph (2) is in addition to any other
amounts made available to the National Center on
Posttraumatic Stress Disorder for such year under any other
provision of law.
SEC. 502. EXTENSION OF AUTHORIZATION FOR SPECIAL COMMITTEE ON
POST-TRAUMATIC STRESS DISORDER.
Section 110(e)(2) of the Veterans' Health Care Act of 1984
(38 U.S.C. 1712A note; Public Law 98-528) is amended by
striking ``through 2008'' and inserting ``through 2012''.
TITLE VI--ASSISTANCE FOR FAMILIES OF VETERANS
SEC. 601. CLARIFICATION OF AUTHORITY OF SECRETARY OF VETERANS
AFFAIRS TO PROVIDE MENTAL HEALTH SERVICES TO
FAMILIES OF VETERANS.
(a) In General.--Chapter 17 is amended--
(1) in section 1701(5)(B)--
(A) by inserting ``marriage and family counseling,'' after
``professional counseling,''; and
(B) by striking ``as may be essential to'' and inserting
``as the Secretary considers appropriate for''; and
(2) in subsections (a) and (b) of section 1782, by
inserting ``marriage and family counseling,'' after
``professional counseling,''.
(b) Location.--Paragraph (5) of section 1701 of title 38,
United States Code, shall not be construed to prevent the
Secretary of Veterans Affairs from providing services
described in subparagraph (B) of such paragraph to
individuals described in such subparagraph in centers under
section 1712A of such title (commonly referred to as ``Vet
Centers''), Department of Veterans Affairs medical centers,
community-based outpatient clinics, or in such other
facilities of the Department of Veterans Affairs as the
Secretary considers necessary.
SEC. 602. PILOT PROGRAM ON PROVISION OF READJUSTMENT AND
TRANSITION ASSISTANCE TO VETERANS AND THEIR
FAMILIES IN COOPERATION WITH VET CENTERS.
(a) Pilot Program.--The Secretary of Veterans Affairs shall
carry out, through a non-Department of Veterans Affairs
entity, a pilot program to assess the feasability and
advisability of providing readjustment and transition
assistance described in subsection (b) to veterans and their
families in cooperation with centers under section 1712A of
title 38, United States Code (commonly referred to as ``Vet
Centers'').
(b) Readjustment and Transition Assistance.--Readjustment
and transition assistance described in this subsection is
assistance as follows:
(1) Readjustment and transition assistance that is
preemptive, proactive, and principle-centered.
(2) Assistance and training for veterans and their families
in coping with the challenges associated with making the
transition from military to civilian life.
(c) Non-Department of Veterans Affairs Entity.--
(1) In general.--The Secretary shall carry out the pilot
program through any for-profit or non-profit organization
selected by the Secretary for purposes of the pilot program
that has demonstrated expertise and experience in the
provision of assistance and training described in subsection
(b).
(2) Contract or agreement.--The Secretary shall carry out
the pilot program through a non-Department entity described
in paragraph (1) pursuant to a contract or other agreement
entered into by the Secretary and the entity for purposes of
the pilot program.
(d) Duration of Pilot Program.--The pilot program shall be
carried out during the three-year period beginning on the
date of
[[Page S4981]]
the enactment of this Act, and may be carried out for
additional one-year periods thereafter.
(e) Location of Pilot Program.--
(1) In general.--The Secretary of Veterans Affairs shall
provide assistance under the pilot program in cooperation
with 10 centers described in subsection (a) designated by the
Secretary for purposes of the pilot program.
(2) Designations.--In designating centers described in
subsection (a) for purposes of the pilot program, the
Secretary shall designate centers so as to provide a balanced
geographical representation of such centers throughout the
United States, including the District of Columbia, the
Commonwealth of Puerto Rico, tribal lands, and other
territories and possessions of the United States.
(f) Participation of Centers.--A center described in
subsection (a) that is designated under subsection (e) for
participation in the pilot program shall participate in the
pilot program by promoting awareness of the assistance and
training available to veterans and their families through--
(1) the facilities and other resources of such center;
(2) the non-Department of Veterans Affairs entity selected
pursuant to subsection (c); and
(3) other appropriate mechanisms.
(g) Additional Support.--In carrying out the pilot program,
the Secretary of Veterans Affairs may enter into contracts or
other agreements, in addition to the contract or agreement
described in subsection (c), with such other non-Department
of Veterans Affairs entities meeting the requirements of
subsection (c) as the Secretary considers appropriate for
purposes of the pilot program.
(h) Report on Pilot Program.--
(1) Report required.--Not later than six months after the
date of the conclusion of the pilot program, the Secretary
shall submit to the congressional veterans affairs committees
a report on the pilot program.
(2) Elements.--Each report under paragraph (1) shall
include the following:
(A) A description of the activities under the pilot program
as of the date of such report, including the number of
veterans and families provided assistance under the pilot
program and the scope and nature of the assistance so
provided.
(B) A current assessment of the effectiveness of the pilot
program.
(C) Any recommendations that the Secretary considers
appropriate for the extension or expansion of the pilot
program.
(3) Congressional veterans affairs committees defined.--In
this subsection, the term ``congressional veterans affairs
committees'' means--
(A) the Committees on Veterans' Affairs and Appropriations
of the Senate; and
(B) the Committees on Veterans' Affairs and Appropriations
of the House of Representatives.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated for
the Department of Veterans Affairs for each of fiscal years
2009 through 2011 $1,000,000 to carry out this section.
(2) Availability.--Amounts authorized to be appropriated by
paragraph (1) shall remain available until expended.
TITLE VII--HOMELESS VETERANS MATTERS
SEC. 701. REPEAL OF AUTHORITY FOR ADJUSTMENTS TO PER DIEM
PAYMENTS TO HOMELESS VETERANS SERVICE CENTERS
FOR RECEIPT OF OTHER SOURCES OF INCOME.
Section 2012(a)(2) is amended--
(1) by striking subparagraphs (B) and (D);
(2) in subparagraph (A)--
(A) by striking ``The rate'' and inserting ``Except as
provided in subparagraph (B), the rate'';
(B) by striking ``adjusted by the Secretary under
subparagraph (B)''; and
(C) by designating the second sentence as subparagraph (B)
and indenting the margin of such subparagraph, as so
designated, two ems from the left margin; and
(3) in subparagraph (C), by striking ``to make the
adjustment under subparagraph (B)''.
SEC. 702. EXPANSION AND EXTENSION OF AUTHORITY FOR PROGRAM OF
REFERRAL AND COUNSELING SERVICES FOR AT-RISK
VETERANS TRANSITIONING FROM CERTAIN
INSTITUTIONS.
(a) Program Authority.--Subsection (a) of section 2023 is
amended by striking ``a demonstration program for the purpose
of determining the costs and benefits of providing'' and
inserting ``a program of''.
(b) Scope of Program.--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) Extension of Authority.--Subsection (d) of such section
is amended by striking ``shall cease'' and all that follows
and inserting ``shall cease on September 30, 2012.''.
(d) Conforming Amendments.--
(1) Subsection (c)(1) of such section is amended by
striking ``demonstration''.
(2) The heading of such section is amended to read as
follows:
``Sec. 2023. Referral and counseling services: veterans at
risk of homelessness who are transitioning from certain
institutions''.
(3) Section 2022(f)(2)(C) of such title is amended by
striking ``demonstration''.
(e) Clerical Amendment.--The table of sections at the
beginning of chapter 20 is amended by striking the item
relating to section 2023 and inserting the following:
``2023. Referral and counseling services: veterans at risk of
homelessness who are transitioning from certain
institutions.''.
SEC. 703. AVAILABILITY OF GRANT FUNDS TO SERVICE CENTERS FOR
PERSONNEL.
Section 2011 is amended by adding at the end the following
new subsection:
``(i) Availability of Grant Funds for Service Center
Personnel.--A grant under this section for a service center
for homeless veterans may be used to provide funding for
staff as necessary in order for the center to meet the
service availability requirements of subsection (g)(1).''.
SEC. 704. PERMANENT AUTHORITY FOR DOMICILIARY SERVICES FOR
HOMELESS VETERANS AND ENHANCEMENT OF CAPACITY
OF DOMICILIARY CARE PROGRAMS FOR FEMALE
VETERANS.
Subsection (b) of section 2043 is amended to read as
follows:
``(b) Enhancement of Capacity of Domiciliary Care Programs
for Female Veterans.--The Secretary shall take appropriate
actions to ensure that the domiciliary care programs of the
Department are adequate, with respect to capacity and with
respect to safety, to meet the needs of veterans who are
women.''.
SEC. 705. FINANCIAL ASSISTANCE FOR SUPPORTIVE SERVICES FOR
VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT
HOUSING.
(a) Purpose.--The purpose of this section is to facilitate
the provision of supportive services for very low-income
veteran families in permanent housing.
(b) Financial Assistance.--
(1) In general.--Subchapter V of chapter 20 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2044. Financial assistance for supportive services for
very low-income veteran families 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 supportive services described in
subsection (b) for very low-income veteran families occupying
permanent housing.
``(2) Financial assistance under this section shall consist
of grants for each such family for which an approved eligible
entity is providing or coordinating the provision of
supportive services.
``(3)(A) The Secretary shall provide such grants to each
eligible entity that is providing or coordinating the
provision of supportive services.
``(B) The Secretary is authorized to establish intervals of
payment for the administration of such grants and establish a
maximum amount to be awarded, in accordance with the services
being provided and their duration.
``(4) In providing financial assistance under paragraph
(1), the Secretary shall give preference to entities
providing or coordinating the provision of supportive
services for very low-income veteran families who are
transitioning from homelessness to permanent housing.
``(5) 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.
``(6) Each entity receiving financial assistance under this
section to provide supportive services to a very low-income
veteran family shall notify that family that such services
are being paid for, in whole or in part, by the Department.
``(7) The Secretary may require entities receiving
financial assistance under this section to submit a report to
the Secretary that describes the projects carried out with
such financial assistance.
``(b) Supportive Services.--The supportive services
referred to in subsection (a) are the following:
``(1) Services provided by an eligible entity or a
subcontractor of an eligible entity that address the needs of
very low-income veteran families occupying permanent housing,
including--
``(A) outreach services;
``(B) case management services;
``(C) assistance in obtaining any benefits from the
Department which the veteran may be eligible to receive,
including, but not limited to, vocational and rehabilitation
counseling, employment and training service, educational
assistance, and health care services; and
``(D) assistance in obtaining and coordinating the
provision of other public benefits provided in federal,
State, or local agencies, or any organization defined in
subsection (f), including--
``(i) health care services (including obtaining health
insurance);
``(ii) daily living services;
``(iii) personal financial planning;
``(iv) transportation services;
``(v) income support services;
``(vi) fiduciary and representative payee services;
``(vii) legal services to assist the veteran family with
issues that interfere with the family's ability to obtain or
retain housing or supportive services;
``(viii) child care;
``(ix) housing counseling; and
``(x) other services necessary for maintaining independent
living.
[[Page S4982]]
``(2) Services described in paragraph (1) 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 pending the location or
development of housing suitable for permanent housing.
``(3) Services described in paragraph (1) 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 after such
families exit permanent housing or until such families
commence receipt of other housing services adequate to meet
their current needs, but only to the extent that services
under this paragraph are designed to support such families in
their choice to transition into housing that is responsive to
their individual needs and preferences.
``(c) Application for Financial Assistance.--(1) An
eligible entity seeking financial assistance under subsection
(a) shall submit to the Secretary an application therefor in
such form, in such manner, and containing such commitments
and information as the Secretary determines to be necessary
to carry out this section.
``(2) Each application submitted by an eligible entity
under paragraph (1) shall contain--
``(A) a description of the supportive services proposed to
be provided by the eligible entity and the identified needs
for those services;
``(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--
``(i) to coordinate the provision of supportive services
with the provision of permanent housing by the eligible
entity or by other organizations;
``(ii) to assess continuously the needs of very low-income
veteran families for supportive services;
``(iii) to coordinate the provision of supportive services
with the services of the Department;
``(iv) to tailor supportive services to the needs of very
low-income veteran families; and
``(v) to seek continuously 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 be provided financial
assistance under this section.
``(d) Technical Assistance.--(1) The Secretary shall
provide training and technical assistance to participating
eligible entities regarding the planning, development, and
provision of supportive services to very low-income veteran
families occupying permanent housing, through the Technical
Assistance grants program in section 2064 of this title.
``(2) The Secretary may provide the training described in
paragraph (1) directly or through grants or contracts with
appropriate public or nonprofit private entities.
``(e) Funding.--(1) From amounts appropriated to the
Department for Medical Services, there shall be available to
carry out subsection (a), (b), and (c) amounts as follows:
``(A) $15,000,000 for fiscal year 2009.
``(B) $20,000,000 for fiscal year 2010.
``(C) $25,000,000 for fiscal year 2011.
``(2) Not more than $750,000 may be available under
paragraph (1) in any fiscal year to provide technical
assistance under subsection (d).
``(3) There is authorized to be appropriated $1,000,000 for
each of the fiscal year 2008 through 2010 to carry out the
provisions of subsection (d).
``(f) Definitions.--In this section:
``(1) The term `consumer cooperative' has the meaning given
such term in section 202 of the Housing Act of 1959 (12
U.S.C. 1701q).
``(2) The term `eligible entity' means--
``(A) a private nonprofit organization; or
``(B) a consumer cooperative.
``(3) The term `homeless' has the meaning given that term
in section 103 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11302).
``(4) The term `permanent housing' means community-based
housing without a designated length of stay.
``(5) The term `private nonprofit organization' means any
of the following:
``(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).
``(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)).
``(6)(A) Subject to subparagraphs (B) and (C), the term
`very low-income veteran family' means a veteran family whose
income does not exceed 50 percent of the median income for an
area specified by the Secretary for purposes of this section,
as determined by the Secretary in accordance with this
paragraph.
``(B) The Secretary shall make appropriate adjustments to
the income requirement under subparagraph (A) based on family
size.
``(C) 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.
``(7) 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.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 20 of such title 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 in permanent housing.''.
(c) Study of Effectiveness of Permanent Housing Program.--
(1) In general.--For fiscal years 2009 and 2010, the
Secretary shall conduct a study of the effectiveness of the
permanent housing program under section 2044 of title 38,
United States Code, as added by subsection (b), in meeting
the needs of very low-income veteran families, as that term
is defined in that section.
(2) Comparison.--In the study required by paragraph (1),
the Secretary shall compare the results of the program
referred to in that subsection with other programs of the
Department of Veterans Affairs dedicated to the delivery of
housing and services to veterans.
(3) Criteria.--In making the comparison required in
paragraph (2), the Secretary shall examine the following:
(A) The satisfaction of veterans targeted by the programs
described in paragraph (2).
(B) The health status of such veterans.
(C) The housing provided such veterans under such programs.
(D) The degree to which such veterans are encouraged to
productive activity by such programs.
(4) Report.--Not later than March 31, 2011, the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the results of the study required
by paragraph (1).
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Senate amendment submitted
June 3, 2008