IIB
110th CONGRESS
1st Session
H. R. 2874
IN THE SENATE OF THE UNITED STATES
July 31, 2007
Received
August 3, 2007
Read twice and referred to the Committee on Veterans' Affairs
AN ACT
To amend title 38, United States Code, to make certain improvements in the provision of health care to veterans, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the Veterans’ Health Care Improvement Act of 2007
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Grants for support of therapeutic readjustment programs for veterans.
Sec. 3. Transportation grants for rural veterans service organizations.
Sec. 4. Permanent treatment authority for participants in Department of Defense chemical and biological testing conducted by Deseret Test Center (including Project Shipboard Hazard and Defense).
Sec. 5. Extension of expiring collections authorities.
Sec. 6. Readjustment and mental health services for Operation Enduring Freedom and Operation Iraqi Freedom Veterans.
Sec. 7. Expansion and extension of authority for program of referral and counseling services for at-risk veterans transitioning from certain institutions.
Sec. 8. Permanent authority for domiciliary services for homeless veterans and enhancement of capacity of domiciliary care programs for female veterans.
Sec. 9. Financial assistance for supportive services for very low-income veteran families in permanent housing.
Sec. 10. Expansion of eligibility for dental care.
Sec. 11. Technical amendments.
Grants for support of therapeutic readjustment programs for veterans
Grant program
Subchapter II of chapter 5 of title 38, United States Code, is amended by inserting after section 521 the following new section:
Assistance to therapeutic readjustment programs
Grant Program
The Secretary of Veterans Affairs may make grants to qualified entities described in subsection (b) to conduct workshop programs that have been shown to assist in the therapeutic readjustment and rehabilitation of participants to assist in the therapeutic readjustment of covered veterans.
Qualified entities
In order to qualify for grant assistance under subsection (a), a private nonprofit entity must have, as determined by the Secretary, experience and expertise in offering programs to assist in the therapeutic readjustment of participants and that such programs will likely assist covered veterans.
Amount of Grant; Use of Funds
A grant under this section shall not exceed $100,000 for any calendar year and shall be used by the recipient exclusively for the benefit of covered veterans.
Application
An application for a grant under this section shall include details regarding the extent and nature of the proposed program, the therapeutic readjustment and rehabilitation benefits expected to be achieved by participants, and any other information the Secretary determines may be necessary to assist the Secretary in ensuring that covered veterans receive therapeutic readjustment and rehabilitation benefits.
Covered veterans
For the purposes of
this subsection, a covered veteran
is a veteran who served on
active duty in a theater of combat operations (as determined by the Secretary
in consultation with the Secretary of Defense) during a period of war after the
Persian Gulf War, or in combat against a hostile force during a period of
hostilities (as defined in section 1712A(a)(2)(B) of this title) after November
11, 1998, and who is discharged or released from active military, naval, or air
service on or after September 11, 2001.
Reports
Not later than 60 days after the last day of a fiscal year, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report detailing the number and amount of grants made under this section during the previous fiscal year, the total number of covered veterans participating in workshop programs funded by such grants, a description of the programs, and the therapeutic benefits to covered veterans of participation in the various programs funded.
Authorization of Appropriations
There is authorized to be appropriated for each of fiscal years 2008 through 2011 $2,000,000 to carry out this section.
Termination
The authority of the Secretary to make a grant under subsection (a) shall terminate on September 30, 2011.
.
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 to therapeutic readjustment programs.
.
Transportation grants for rural veterans service organizations
Grant Program
Subchapter I of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:
Grants for provision of transportation to Department medical facilities for veterans in remote rural areas
Grants Authorized
The Secretary shall establish a grant program to provide innovative transportation options to veterans in remote rural areas.
Grants awarded under this section may be used by State veterans’ service agencies, veterans service organizations, and private nonprofit entities to assist veterans in remote rural areas to travel to Department medical facilities.
The amount of a grant under this section may not exceed $50,000.
The recipient of a grant under this section shall not be required to provide matching funds as a condition for receiving such grant.
Regulations
The Secretary shall prescribe regulations for—
evaluating grant applications under this section; and
otherwise administering the program established by this section.
Authorization of Appropriations
There is authorized to be appropriated $3,000,000 for each of fiscal years 2008 through 2012 to carry out this section.
.
Clerical Amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1708 the following new item:
1709. Grants for provision of transportation to Department medical facilities for veterans in remote rural areas.
.
Permanent treatment authority for participants in Department of Defense chemical and biological testing conducted by Deseret Test Center (including Project Shipboard Hazard and Defense)
Section 1710(e)(3) of title 38, United States Code, is amended—
in subparagraph
(B), by inserting and
after the semicolon;
in subparagraph
(C), by striking ; and
and inserting a period; and
by striking subparagraph (D).
Extension of expiring collections authorities
Health care copayments
Section 1710(f)(2)(B) is amended by striking
2007
and inserting 2009
.
Medical care cost recovery
Section 1729(a)(2)(E) is amended by striking
2007
and inserting 2009
.
Readjustment and mental health services for covered veterans
Provision of Readjustment Counseling and Mental Health Services
Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1712B the following new section:
Provision of readjustment counseling and mental health services for covered veterans
Program required
The Secretary shall carry out a program to provide peer outreach services, peer support services, and readjustment and mental health services to covered veterans.
Contracts with community mental health centers
In carrying out the program required by subsection (a), the Secretary shall contract with community mental health centers and other qualified entities to provide the services referred to in that paragraph in areas the Secretary determines are not adequately served by health care facilities of the Department. Such contracts shall require each community health center or other entity—
to the extent practicable, to employ covered veterans trained under subsection (c);
to the extent practicable, to use telehealth services for the provision of such services;
to participate in the training program under subsection (d);
to comply with applicable protocols of the Department before incurring any liability on behalf of the Department for the provision of such the services;
to submit annual reports to the Secretary containing, with respect to the program required by subsection (a) and for the last full calendar year ending before the submission of such report—
the number of veterans served, veterans diagnosed, and courses of treatment provided to veterans as part of the program required by subsection (a); and
demographic information for such services, diagnoses, and courses of treatment;
to provide to the Secretary such clinical summary information as the Secretary may require for each veteran for whom the center or entity provides mental health services under the contract; and
to meet such other requirements as the Secretary may require.
Training program for veterans
In carrying out the program required by subsection (a), the Secretary shall contract with a nonprofit mental health organization to carry out a program to train covered veterans to provide peer outreach and peer support services.
Training program for clinicians
The Secretary shall conduct a training program for clinicians of community mental health centers or other entities that have entered into contracts with the Secretary under subsection (b) to ensure that such clinicians are able to provide the services required by subsection (a) in a manner that—
recognizes factors that are unique to the experience of veterans who served on active duty in Operation Iraqi Freedom or Operation Enduring Freedom (including the combat and military training experiences of such veterans); and
utilizes best practices and technologies.
Covered veterans
For the purposes of
this subsection, a covered veteran
is a veteran who served on
active duty in a theater of combat operations (as determined by the Secretary
in consultation with the Secretary of Defense) during a period of war after the
Persian Gulf War, or in combat against a hostile force during a period of
hostilities (as defined in section1712A(a)(2)(B) of this title) after November
11, 1998, and who is discharged or released from active military, naval, or air
service on or after September 11,
2001.
.
Clerical Amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1712B the following new item:
1712C. Provision of readjustment counseling and mental health services for covered veterans.
.
Expansion and extension of authority for program of referral and counseling services for at-risk veterans transitioning from certain institutions
Program Authority
Subsection (a) of
section
2023 of title 38, United States Code, is amended by striking
a demonstration program for the purpose of determining the costs and
benefits of providing
and inserting a program to
provide
.
Scope of program
Subsection (b) of such section is amended—
by striking
Demonstration
in the subsection
heading;
by striking
demonstration
; and
by
striking in at least six locations
and inserting in at
least 12 locations
.
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, 2011.
.
Conforming amendments
Scope of program
Subsection (c)(1) of such section is amended by striking
demonstration
.
Section heading
The heading of such section is amended to read as follows:
Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions
.
Other conforming amendment
Section
2022(f)(2)(C) of such title is amended by striking
demonstration
.
Clerical Amendment
The table of sections at the beginning of chapter 20 of such title is amended by striking the item relating to section 2023 and inserting the following new item:
2023. Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions.
.
Permanent authority for domiciliary services for homeless veterans and enhancement of capacity of domiciliary care programs for female veterans
Subsection (b) of section 2043 of title 38, United States Code, is amended to read as follows:
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 safety, to meet the needs of veterans who are women.
.
Financial assistance for supportive services for very low-income veteran families in permanent housing
Purpose
The purpose of this section is to facilitate the provision of supportive services for very low-income veteran families in permanent housing.
Authorization of Financial Assistance
In general
Subchapter V of chapter 20 of title 38, United States Code, is amended by adding at the end the following new section:
Financial assistance for supportive services for very low-income veteran families residing in permanent housing
Distribution of Financial Assistance
The Secretary shall provide financial assistance to eligible entities approved under this section to provide and coordinate the provision of the supportive services for very low-income veteran families residing in permanent housing.
Financial assistance under this section shall consist of payments for each such family for which an approved eligible entity provides or coordinates the provision of supportive services.
The Secretary shall establish a formula for determining the rate of payments provided to a very low-income veteran family receiving supportive services under this section. The rate shall be adjusted not less than once annually to reflect changes in the cost of living. In calculating the payment formula under this subparagraph, the Secretary may consider geographic cost of living variances, family size, and the cost of services provided.
In providing financial assistance under paragraph (1), the Secretary shall give preference to an entity that provides or coordinates the provision of supportive services for very low-income veteran families who are transitioning from homelessness to permanent housing.
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.
Each entity receiving financial assistance under this section to provide supportive services to a very low-income veteran family shall notify the family that such services are being paid for, in whole or in part, by the Department.
The Secretary may require an entity receiving financial assistance under this section to submit a report to the Secretary describing the supportive services provided with such financial assistance.
Application for Financial Assistance
An eligible entity seeking financial assistance under subsection (a) shall submit to the Secretary an application in such form, in such manner, and containing such commitments and information as the Secretary determines to be necessary.
An application submitted under paragraph (1) shall contain—
a description of the supportive services proposed to be provided by the eligible entity;
a description of the types of very low-income veteran families proposed to be provided such services;
an estimate of the number of very low-income veteran families proposed to be provided such services;
evidence of the experience of the eligible entity in providing supportive services to very low-income veteran families; and
a description of the managerial capacity of the eligible entity to—
coordinate the provision of supportive services with the provision of permanent housing, by the eligible entity or by other organizations;
continuously assess the needs of very low-income veteran families for supportive services;
coordinate the provision of supportive services with the services of the Department;
tailor supportive services to the needs of very low-income veteran families; and
continuously seek new sources of assistance to ensure the long-term provision of supportive services to very low-income veteran families.
The Secretary shall establish criteria for the selection of eligible entities to receive financial assistance under this section.
Technical Assistance
The Secretary shall provide training and technical assistance to eligible entities that receive financial assistance under this section with respect to the planning, development, and provision of supportive services to very low-income veteran families occupying permanent housing.
The Secretary may provide the training described in paragraph (1) directly or through grants or contracts with appropriate public or nonprofit private entities.
Authorization of Appropriations
There is authorized to be appropriated, for each fiscal year, $25,000,000, to carry out this section, of which not more than $750,000 for each fiscal year may be used to provide technical assistance under subsection (c).
Definitions
For the purposes of this section:
The term
very low-income veteran family
means a veteran family whose
income does not exceed 50 percent of the median income for the area, as
determined by the Secretary in accordance with this paragraph, except
that—
the Secretary shall make appropriate adjustments to the income requirement under subparagraph (A) based on family size; and
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.
the Secretary shall establish criteria for determining the need for specific supportive services (as defined by paragraph (8)) of individual very low income veteran families occupying permanent housing.
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.
The term
consumer cooperative
has the meaning given such term in section
202 of the Housing Act of 1959 (12 U.S.C. 1701q).
The term
eligible entity
means—
a private nonprofit organization; or
a consumer cooperative.
The term
homeless
has the meaning given the term in section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302).
The term
permanent housing
means community-based housing without a
designated length of stay.
The term
private nonprofit organization
means—
any incorporated private institution or foundation—
no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual;
which has a governing board that is responsible for the operation of the supportive services provided under this section; and
which is approved by the Secretary as to financial responsibility;
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);
a corporation wholly owned and controlled by an organization meeting the requirements of clauses (i), (ii), and (iii) of subparagraph (A); and
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)).
The term
supportive services
means the following:
Services provided by an eligible entity or subcontractors that address the needs of very low-income veteran families occupying permanent housing, including—
outreach services;
health care services, including diagnosis, treatment, and counseling for mental health and substance abuse disorders and for post-traumatic stress disorder, if such services are not readily available through the Department of Veterans Affairs medical center serving the geographic area in which the veteran family is housed;
habilitation and rehabilitation services;
case management services;
daily living services;
personal financial planning;
transportation services;
vocational counseling;
employment and training;
educational services;
assistance in obtaining veterans benefits and other public benefits, including health care provided by the Department;
assistance in obtaining income support;
assistance in obtaining health insurance;
fiduciary and representative payee services;
legal services to assist the veteran family with reconsiderations or appeals of veterans and public benefit claim denials and to resolve outstanding warrants that interfere with the family’s ability to obtain or retain housing or supportive services;
child care;
housing counseling;
other services necessary for maintaining independent living; and
coordination of services described in this paragraph.
Services provided by an eligible entity or subcontractors, including services described in clauses (i) through (xix) of subparagraph (A), that are delivered to very low-income veteran families who are homeless and who are scheduled to become residents of permanent housing within 90 days of the date on which the service is provided pending the location or development of housing suitable for permanent housing.
Services provided by an eligible entity or subcontractors, including services described in clauses (i) through (xix) of subparagraph (A), for very low-income veteran families who have voluntarily chosen to seek other housing after a period of tenancy in permanent housing, that are provided, for a period of 90 days beginning on the date on which such a family exits permanent housing or until such a family commences receipt of other housing services adequate to meet the needs of the family, but only to the extent that services under this paragraph are designed to support such a family in the choice to transition into housing that is responsive to the individual needs and preferences of the family.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2043 the following new item:
2044. Financial assistance for supportive services for very low-income veteran families residing in permanent housing.
.
Expansion of eligibility for dental care
Section 2062(b) of
title 38, United States Code, is amended by striking 60 consecutive
days
both places it appears and inserting 30 consecutive
days
.
Technical amendments
Title 38, United States Code, is amended—
in
each of sections 1708(d), 7314(f), 7320(j)(2), 7325(i)(2), and 7328(i)(2), by
striking medical care account
and inserting medical
services account
;
in section 1712A—
by striking subsection (g);
by redesignating subsections (d), (e), (f), and (i) as subsections (c) through (f), respectively; and
in subsection
(f)(1), as so redesignated, by striking (including a Resource Center
designated under subsection (h)(3)(A) of this section)
;
in section
2065(b)(3)(C), by striking )
;
in the table of sections at the beginning of chapter 36, by striking the item relating to section 3684A and inserting the following new item:
3684A. Procedures relating to computer matching program.
;
in section
3684(a)(1), by striking 34,,
and inserting
34,
;
in section
4110(c)(1), by striking 15
and inserting
16
;
in the table of sections at the beginning of chapter 51, by striking the item relating to section 5121 and inserting the following new item:
5121. Payment of certain accrued benefits upon death of a beneficiary.
;
in section
7458(b)(2), by striking pro rated
and inserting
pro-rated
; and
in section
8117(a)(1), by striking such such
and inserting
such
.
Passed the House of Representatives July 30, 2007.
Lorraine C. Miller,
Clerk.