109TH CONGRESS

2D SESSION S. 2694

AN ACT

To amend title 38, United States Code, to remove certain

limitations on attorney representation of claimants for

veterans benefits in administrative proceedings before the

Department of Veterans Affairs, to make certain improvements in the area of memorial affairs, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Veterans’ Choice of Representation and Benefits En6 hancement Act of 2006’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—VETERANS’ REPRESENTATION

Sec. 101. Attorney representation in veterans benefits cases before the Department of Veterans Affairs.

TITLE II—MEMORIAL AFFAIRS

Sec. 201. Eligibility of Indian tribal organizations for grants for the establishment of veterans cemeteries on trust lands.

Sec. 202. Removal of remains of Russell Wayne Wagner from Arlington National Cemetery.

Sec. 203. Provision of government markers for marked graves of veterans at

private cemeteries.

TITLE III—EDUCATION MATTERS

Sec. 301. Expansion of education programs eligible for accelerated payment of

educational assistance under the Montgomery GI bill.

Sec. 302. Accelerated payment of survivors’ and dependents’ educational assistance for certain programs of education.

Sec. 303. Reimbursement of expenses for State approving agencies in the administration of educational benefits.

Sec. 304. Modification of requirement for reporting on educational assistance

program.

TITLE IV—HEALTH MATTERS

Sec. 401. Parkinson’s disease research, education, clinical centers, and multiple

sclerosis centers of excellence.

Sec. 402. Repeal of term of office for the Under Secretary for Health and the

Under Secretary for Benefits.

Sec. 403. Modifications to existing State home authorities.

Sec. 404. Office of Rural Health.

Sec. 405. Pilot program on improvement of caregiver assistance services.

TITLE V—HOMELESS VETERANS ASSISTANCE

Sec. 501. Reaffirmation of national goal to end homelessness among veterans.

Sec. 502. Sense of Congress on the response of the Federal Government to the

needs of homeless veterans.

Sec. 503. Authority to make grants for comprehensive service programs for

homeless veterans.

Sec. 504. Extension of treatment and rehabilitation for seriously mentally ill

and homeless veterans.

Sec. 505. Extension of authority for transfer of properties obtained through

foreclosure of home mortgages.

Sec. 506. Extension of funding for grant program for homeless veterans with

special needs.

Sec. 507. Extension of funding for homeless veteran service provider technical

assistance program.
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Sec. 508. Additional element in annual report on assistance to homeless veterans.

Sec. 509. Advisory committee on homeless veterans.

Sec. 510. Rental assistance vouchers for Veterans Affairs supported housing

program.

Sec. 511. Financial assistance for supportive services for very low-income veteran families in permanent housing.

TITLE VI—MISCELLANEOUS BENEFITS

Sec. 601. Residential cooperative housing units.

Sec. 602. Increase in supplemental insurance for totally disabled veterans.

Sec. 603. Reauthorization of use of certain information from other agencies.

Sec. 604. Clarification of correctional facilities covered by certain provisions of

law.

1 TITLE I—VETERANS’

2 REPRESENTATION

3 SEC. 101. ATTORNEY REPRESENTATION IN VETERANS BEN4 EFITS CASES BEFORE THE DEPARTMENT OF

5 VETERANS AFFAIRS.

6 (a) QUALIFICATIONS AND STANDARDS OF CONDUCT

7 FOR INDIVIDUALS RECOGNIZED AS AGENTS OR ATTOR8 NEYS.—

9 (1) ADDITIONAL QUALIFICATIONS AND STAND10 ARDS FOR AGENTS AND ATTORNEYS GENERALLY.—

11 Subsection (a) of section 5904 of title 38, United

12 States Code, is amended—

13 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’;

14 (B) by striking the second sentence; and

15 (C) by adding at the end the following new

16 paragraphs:

17 ‘‘(2) The Secretary may prescribe in regulations

18 qualifications and standards of conduct for individuals rec-
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1 ognized under this section, including a requirement that,

2 before being recognized, an individual—

3 ‘‘(A) show that such individual is of good moral

4 character and in good repute, is qualified to render

5 claimants valuable service, and is otherwise com6 petent to assist claimants in presenting claims;

7 ‘‘(B) has such level of experience and special8 ized training as the Secretary shall specify; and

9 ‘‘(C) certifies to the Secretary that the indi10 vidual has satisfied any qualifications and standards

11 prescribed by the Secretary under this section.

12 ‘‘(3) The Secretary may prescribe in regulations rea13 sonable restrictions on the amount of fees that an agent

14 or attorney may charge a claimant for services rendered

15 in the preparation, presentation, and prosecution of a

16 claim before the Department.

17 ‘‘(4)(A) The Secretary may, on a periodic basis, col18 lect a registration fee from individuals recognized as

19 agents or attorneys under this section.

20 ‘‘(B) The Secretary shall prescribe the amount and

21 frequency of collection of such fees. The amount of such

22 fees may include an amount, as specified by the Secretary,

23 necessary to defray the costs to the Department in recog24 nizing individuals under this section, in administering the

25 collection of such fees, in administering the payment of
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1 fees under subsection (d), and in conducting oversight of

2 agents or attorneys.

3 ‘‘(C) Amounts so collected shall be deposited in the

4 account from which amounts for such costs were derived,

5 merged with amounts in such account, and available for

6 the same purpose, and subject to the same conditions and

7 limitations, as amounts in such account.’’.

8 (2) APPLICABILITY TO REPRESENTATIVES OF

9 VETERANS SERVICE ORGANIZATIONS.—Section

10 5902(b) of such title is amended—

11 (A) by redesignating paragraphs (1) and

12 (2) as subparagraphs (A) and (B), respectively;

13 (B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

14 (C) by adding at the end the following new

15 paragraph:

16 ‘‘(2) An individual recognized under this section shall

17 be subject to the provisions of section 5904(b) of this title

18 on the same basis as an individual recognized under sec19 tion 5904(a) of this title.’’.

20 (3) APPLICABILITY TO INDIVIDUALS RECOG21 NIZED FOR PARTICULAR CLAIMS.—Section 5903 of

22 such title is amended—

23 (A) by inserting ‘‘(a) IN GENERAL.—’’ be24 fore ‘‘The Secretary’’; and
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1 (B) by adding at the end the following new

2 subsection:

3 ‘‘(b) SUSPENSION.—An individual recognized under

4 this section shall be subject to the provisions of section

5 5904(b) of this title on the same basis as an individual

6 recognized under section 5904(a) of this title.’’.

7 (b) ADDITIONAL BASES FOR SUSPENSION OF INDI8 VIDUALS.—Subsection (b) of section 5904 of such title is

9 amended—

10 (1) in paragraph (4), by striking ‘‘or’’ at the

11 end;

12 (2) in paragraph (5), by striking the period and

13 inserting a semicolon; and

14 (3) by adding at the end the following new

15 paragraphs:

16 ‘‘(6) has presented frivolous claims, issues, or

17 arguments to the Department; or

18 ‘‘(7) has failed to comply with any other condi19 tion specified by the Secretary in regulations pre20 scribed by the Secretary for purposes of this sub21 section.’’.

22 (c) REPEAL OF LIMITATION ON HIRING AGENTS OR

23 ATTORNEYS.—Subsection (c) of section 5904 of such title

24 is amended by striking paragraph (1).
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1 (d) MODIFICATION OF REQUIREMENTS TO FILE AT2 TORNEY FEE AGREEMENTS.—Such subsection is further

3 amended—

4 (1) by redesignating paragraph (2) as para5 graph (1); and

6 (2) in that paragraph, as so redesignated—

7 (A) by striking ‘‘in a case referred to in

8 paragraph (1) of this subsection’’;

9 (B) by striking ‘‘after the Board first

10 makes a final decision in the case’’;

11 (C) by striking ‘‘with the Board at such

12 time as may be specified by the Board’’ and in13 serting ‘‘with the Secretary pursuant to regula14 tions prescribed by the Secretary’’; and

15 (D) by striking the second and third sen16 tences.

17 (e) ATTORNEY FEES.—Such subsection is further

18 amended by inserting after paragraph (1), as redesignated

19 by subsection (d)(1) of this section, the following new

20 paragraph (2):

21 ‘‘(2)(A) The Secretary, upon the Secretary’s own mo22 tion or at the request of the claimant, may review a fee

23 agreement filed pursuant to paragraph (1) and may order

24 a reduction in the fee called for in the agreement if the

25 Secretary finds that the fee is excessive or unreasonable.
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1 ‘‘(B) A finding or order of the Secretary under sub2 paragraph (A) may be reviewed by the Board of Veterans’

3 Appeals under section 7104 of this title.’’.

4 (f) REPEAL OF PENALTY FOR CERTAIN ACTS.—Sec5 tion 5905 of such title is amended by striking ‘‘(1)’’ and

6 all that follows through ‘‘(2)’’.

7 (g) EFFECTIVE DATE.—

8 (1) IN GENERAL.—The amendments made by

9 this section shall take effect six months after the

10 date of the enactment of this Act.

11 (2) REGULATIONS.—The Secretary shall pre12 scribe the regulations, if any, to be prescribed under

13 the amendments made by subsection (a) not later

14 than the date specified in paragraph (1).

15 (3) CLAIMS.—The amendments made by sub16 sections (b), (c), (d), and (e) shall apply to claims

17 submitted on or after the date specified in para18 graph (1).

19 TITLE II—MEMORIAL AFFAIRS

20 SEC. 201. ELIGIBILITY OF INDIAN TRIBAL ORGANIZATIONS

21 FOR GRANTS FOR THE ESTABLISHMENT OF

22 VETERANS CEMETERIES ON TRUST LANDS.

23 Section 2408 of title 38, United States Code, is

24 amended by adding at the end the following new sub25 section:
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1 ‘‘(f)(1) The Secretary may make grants under this

2 subsection to any tribal organization to assist the tribal

3 organization in establishing, expanding, or improving vet4 erans’ cemeteries on trust land owned by, or held in trust

5 for, the tribal organization.

6 ‘‘(2) Grants under this subsection shall be made in

7 the same manner, and under the same conditions, as

8 grants to States are made under the preceding provisions

9 of this section.

10 ‘‘(3) In this subsection:

11 ‘‘(A) The term ‘tribal organization’ has the

12 meaning given that term in section 3765(4) of this

13 title.

14 ‘‘(B) The term ‘trust land’ has the meaning

15 given that term in section 3765(1) of this title.’’.

16 SEC. 202. REMOVAL OF REMAINS OF RUSSELL WAYNE WAG17 NER FROM ARLINGTON NATIONAL CEME18 TERY.

19 (a) FINDINGS.—Congress makes the following find20 ings:

21 (1) Arlington National Cemetery is a National

22 Shrine that memorializes the honorable service of

23 men and women who have defended the freedoms

24 that all the people of the United States enjoy.
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1 (2) The inclusion among the honored dead of

2 the remains of persons who have committed particu3 larly notorious, heinous acts brings dishonor to the

4 deceased and disrespect to their loved ones.

5 (3) The removal of the remains of a person who

6 has committed a heinous act would not be an act of

7 punishment against that person, but rather an act

8 that would preserve the sacredness of cemetery

9 grounds.

10 (4) In November of 1997, section 2411 of title

11 38, United States Code, was enacted to, among

12 other things, deny burial eligibility in Arlington Na13 tional Cemetery to any person convicted of a State

14 capital crime for which the person was sentenced to

15 death or life imprisonment without parole. In Janu16 ary of 2006, section 2411 of such title was amended

17 by section 662 of the National Defense Authoriza18 tion Act for Fiscal Year 2006 (Public Law 109–163)

19 to remove parole eligibility as a loophole through

20 which convicted capital offenders could retain eligi21 bility for interment at Arlington National Cemetery.

22 (5) According to Arlington National Cemetery

23 officials, the remains of only one capital offender,

24 Russell Wayne Wagner, have been interred in Ar25 lington National Cemetery since November of 1997.
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1 (b) REMOVAL OF REMAINS.—

2 (1) REMOVAL.—The Secretary of the Army

3 shall remove the remains of Russell Wayne Wagner

4 from Arlington National Cemetery.

5 (2) NOTIFICATION OF NEXT-OF-KIN.—The Sec6 retary of the Army shall—

7 (A) notify the next-of-kin of record for

8 Russell Wayne Wagner of the impending re9 moval of his remains; and

10 (B) upon removal, relinquish the remains

11 to the next-of-kin of record for Russell Wayne

12 Wagner or, if the next-of-kin of record for Rus13 sell Wayne Wagner is unavailable, arrange for

14 an appropriate disposition of the remains.

15 SEC. 203. PROVISION OF GOVERNMENT MARKERS FOR

16 MARKED GRAVES OF VETERANS AT PRIVATE

17 CEMETERIES.

18 (a) IN GENERAL.—Section 502(d) of the Veterans

19 Education and Benefits Expansion Act of 2001 (Public

20 Law 107–103; 38 U.S.C. 2306 note), as amended by sec21 tion 203 of the Veterans Benefits Act of 2002 (Public Law

22 107–330), is amended by striking ‘‘September 11, 2001’’

23 and inserting ‘‘November 1, 1990’’.
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1 (b) REPEAL OF EXPIRATION OF AUTHORITY.—Sub2 section (d) of section 2306 of title 38, United States Code,

3 is amended by striking paragraph (3).

4 (c) PROVISION OF HEADSTONE OR MARKER.—

5 (1) IN GENERAL.—Subsection (d) of such sec6 tion 2306 is further amended—

7 (A) in paragraph (1)—

8 (i) in the first sentence, by striking

9 ‘‘Government marker’’ and inserting ‘‘Gov10 ernment headstone or marker’’; and

11 (ii) in the second sentence, by insert12 ing ‘‘headstone or’’ before ‘‘marker’’ each

13 place it appears; and

14 (B) in paragraph (2), by inserting ‘‘head15 stone or’’ before ‘‘marker’’.

16 (2) CONFORMING AMENDMENT.—Subsection

17 (g)(3) of such section 2306 is amended by inserting

18 ‘‘headstone or’’ before ‘‘marker’’.

19 (d) PLACEMENT OF HEADSTONE OR MARKER.—The

20 second sentence of subsection (d)(1) of such section 2306,

21 as amended by subsection (c)(1)(A)(ii) of this section, is

22 further amended by inserting before the period the fol23 lowing: ‘‘, or, if placement on the grave is impossible or

24 impracticable, as close as possible to the grave within the

25 grounds of the cemetery in which the grave is located’’.
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1 (e) DELIVERY OF HEADSTONE OR MARKER.—Sub2 section (d)(2) of such section 2306, as amended by sub3 section (c)(1)(B) of this section, is further amended by

4 inserting before the period the following: ‘‘or to a receiving

5 agent for delivery to the cemetery’’.

6 (f) REPEAL OF OBSOLETE REPORT REQUIRE7 MENT.—Subsection (d) of such section 2306 is further

8 amended by striking paragraph (4).

9 (g) SCOPE OF HEADSTONES AND MARKERS FUR10 NISHED.—Subsection (d) of such section 2306 is further

11 amended by inserting after paragraph (2) the following

12 new paragraph (3):

13 ‘‘(3) In furnishing headstones and markers under

14 this subsection, the Secretary shall permit the individual

15 making the request for a headstone or marker to select

16 among any headstone or marker in the complete product

17 line of Government headstones and markers.’’.

18 (h) RETROACTIVE EFFECTIVE DATE.—The amend19 ments made by subsections (a) through (g) shall take ef20 fect as if included in the enactment of section 502 of the

21 Veterans Education and Benefits Expansion Act of 2001

22 (Public Law 107–103; 115 Stat. 976).
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1 TITLE III—EDUCATION MATTERS

2 SEC. 301. EXPANSION OF EDUCATION PROGRAMS ELIGIBLE

3 FOR ACCELERATED PAYMENT OF EDU4 CATIONAL ASSISTANCE UNDER THE MONT5 GOMERY GI BILL.

6 (a) IN GENERAL.—Subsection (b) of section 3014A

7 of title 38, United States Code, is amended by striking

8 paragraph (1) and inserting the following new paragraph

9 (1):

10 ‘‘(1) enrolled in either—

11 ‘‘(A) an approved program of education

12 that leads to employment in a high technology

13 occupation in a high technology industry (as de14 termined pursuant to regulations prescribed by

15 the Secretary); or

16 ‘‘(B) an approved program of education

17 lasting less than two years that (as so deter18 mined) leads to employment in—

19 ‘‘(i) the transportation sector of the

20 economy;

21 ‘‘(ii) the construction sector of the

22 economy;

23 ‘‘(iii) the hospitality sector of the

24 economy; or
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1 ‘‘(iv) the energy sector of the econ2 omy.’’.

3 (b) CONFORMING AMENDMENTS.—

4 (1) HEADING AMENDMENT.—The heading of

5 such section is amended to read as follows:

6 ‘‘§ 3014A. Accelerated payment of basic educational

7 assistance’’.

8 (2) CLERICAL AMENDMENT.—The item relating

9 to such section in the table of sections at the begin10 ning of chapter 30 of such title is amended to read

11 as follows:

‘‘3014A. Accelerated payment of basic educational assistance.’’.

12 (c) EFFECTIVE DATE.—The amendments made by

13 this section shall take effect on October 1, 2007. Such

14 amendments shall only apply to enrollments that begin on

15 or after such date.

16 (d) SUNSET.—The amendments made by this section

17 shall expire on September 30, 2011.

18 SEC. 302. ACCELERATED PAYMENT OF SURVIVORS’ AND DE19 PENDENTS’ EDUCATIONAL ASSISTANCE FOR

20 CERTAIN PROGRAMS OF EDUCATION.

21 (a) IN GENERAL.—Subchapter IV of chapter 35 of

22 title 38, United States Code, is amended by inserting after

23 section 3532 the following new section:
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1 ‘‘§ 3532A. Accelerated payment of educational assist2 ance allowance

3 ‘‘(a) The educational assistance allowance payable

4 under section 3531 of this title with respect to an eligible

5 person described in subsection (b) may, upon the election

6 of such eligible person, be paid on an accelerated basis

7 in accordance with this section.

8 ‘‘(b) An eligible person described in this subsection

9 is an individual who is—

10 ‘‘(1) enrolled in either—

11 ‘‘(A) an approved program of education

12 that leads to employment in a high technology

13 occupation in a high technology industry (as de14 termined pursuant to regulations prescribed by

15 the Secretary); or

16 ‘‘(B) an approved program of education

17 lasting less than two years that (as so deter18 mined) leads to employment in the—

19 ‘‘(i) transportation sector of the econ20 omy;

21 ‘‘(ii) construction sector of the econ22 omy;

23 ‘‘(iii) hospitality sector of the econ24 omy; or

25 ‘‘(iv) energy sector of the economy;

26 and
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1 ‘‘(2) charged tuition and fees for the program

2 of education that, when divided by the number of

3 months (and fractions thereof) in the enrollment pe4 riod, exceeds the amount equal to 200 percent of the

5 monthly rate of educational assistance allowance

6 otherwise payable with respect to the individual

7 under section 3531 of this title.

8 ‘‘(c)(1) The amount of the accelerated payment of

9 educational assistance payable with respect to an eligible

10 person making an election under subsection (a) for a pro11 gram of education shall be the lesser of—

12 ‘‘(A) the amount equal to 60 percent of the es13 tablished charges for the program of education; or

14 ‘‘(B) the aggregate amount of educational as15 sistance allowance to which the individual remains

16 entitled under this chapter at the time of the pay17 ment.

18 ‘‘(2) In this subsection, the term ‘established

19 charges’, in the case of a program of education, means

20 the actual charges (as determined pursuant to regulations

21 prescribed by the Secretary) for tuition and fees which

22 similarly circumstanced nonveterans enrolled in the pro23 gram of education would be required to pay. Established

24 charges shall be determined on the following basis:
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1 ‘‘(A) In the case of an individual enrolled in a

2 program of education offered on a term, quarter, or

3 semester basis, the tuition and fees charged the indi4 vidual for the term, quarter, or semester.

5 ‘‘(B) In the case of an individual enrolled in a

6 program of education not offered on a term, quarter,

7 or semester basis, the tuition and fees charged the

8 individual for the entire program of education.

9 ‘‘(3) The educational institution providing the pro10 gram of education for which an accelerated payment of

11 educational assistance allowance is elected by an eligible

12 person under subsection (a) shall certify to the Secretary

13 the amount of the established charges for the program of

14 education.

15 ‘‘(d) An accelerated payment of educational assist16 ance allowance made with respect to an eligible person

17 under this section for a program of education shall be

18 made not later than the last day of the month immediately

19 following the month in which the Secretary receives a cer20 tification from the educational institution regarding—

21 ‘‘(1) the person’s enrollment in and pursuit of

22 the program of education; and

23 ‘‘(2) the amount of the established charges for

24 the program of education.
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1 ‘‘(e)(1) Except as provided in paragraph (2), for each

2 accelerated payment of educational assistance allowance

3 made with respect to an eligible person under this section,

4 the person’s entitlement to educational assistance under

5 this chapter shall be charged the number of months (and

6 any fraction thereof) determined by dividing the amount

7 of the accelerated payment by the full-time monthly rate

8 of educational assistance allowance otherwise payable with

9 respect to the person under section 3531 of this title as

10 of the beginning date of the enrollment period for the pro11 gram of education for which the accelerated payment is

12 made.

13 ‘‘(2) If the monthly rate of educational assistance al14 lowance otherwise payable with respect to an eligible per15 son under section 3531 of this title increases during the

16 enrollment period of a program of education for which an

17 accelerated payment of educational assistance allowance is

18 made under this section, the charge to the person’s entitle19 ment to educational assistance under this chapter shall be

20 determined by prorating the entitlement chargeable, in the

21 manner provided for under paragraph (1), for the periods

22 covered by the initial rate and increased rate, respectively,

23 in accordance with regulations prescribed by the Sec24 retary.
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1 ‘‘(f) The Secretary may not make an accelerated pay2 ment of educational assistance allowance under this sec3 tion for a program of education with respect to an eligible

4 person who has received an advance payment under sec5 tion 3680(d) of this title for the same enrollment period.

6 ‘‘(g) The Secretary shall prescribe regulations to

7 carry out this section. The regulations shall include re8 quirements, conditions, and methods for the request,

9 issuance, delivery, certification of receipt and use, and re10 covery of overpayment of an accelerated payment of edu11 cational assistance allowance under this section. The regu12 lations may include such elements of the regulations pre13 scribed under section 3014A of this title as the Secretary

14 considers appropriate for purposes of this section.’’.

15 (b) CLERICAL AMENDMENT.—The table of sections

16 at the beginning of chapter 35 of such title is amended

17 by inserting after the item relating to section 3532 the

18 following new item:

‘‘3532A. Accelerated payment of educational assistance allowance.’’.

19 (c) EFFECTIVE DATE.—The amendments made by

20 this section shall take effect on October 1, 2007. Such

21 amendments shall only apply to enrollments that begin on

22 or after such date.

23 (d) SUNSET.—The amendments made by this section

24 shall expire on September 30, 2011.
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1 SEC. 303. REIMBURSEMENT OF EXPENSES FOR STATE AP2 PROVING AGENCIES IN THE ADMINISTRA3 TION OF EDUCATIONAL BENEFITS.

4 Section 3674(a) of title 38, United States Code, is

5 amended—

6 (1) in paragraph (2)(A), by inserting ‘‘and is

7 authorized to make additional payments subject to

8 the availability of appropriations,’’ after ‘‘readjust9 ment benefits,’’; and

10 (2) in paragraph (4), by striking the first sen11 tence and inserting ‘‘The total amount authorized

12 and available under this section for any fiscal year

13 may not exceed $19,000,000, except that the total

14 amount made available for purposes of this section

15 from amounts available for the payment of readjust16 ment benefits may not exceed $19,000,000 for fiscal

17 years 2006 and 2007, $13,000,000 for fiscal years

18 2008 and 2009, $8,000,000 for each of fiscal years

19 2010 through 2013, and $13,000,000 for fiscal year

20 2014 and each subsequent fiscal year.’’.

21 SEC. 304. MODIFICATION OF REQUIREMENT FOR REPORT22 ING ON EDUCATIONAL ASSISTANCE PRO23 GRAM.

24 (a) EXTENSION.—Subsection (d) of section 3036 of

25 title 38, United States Code, is amended by striking ‘‘Jan26 uary 1, 2005’’ and inserting ‘‘January 1, 2011’’.
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1 (b) DATE OF SUBMITTAL.—Subsection (a) of such

2 section is amended by inserting ‘‘, on January 1,’’ after

3 ‘‘two years’’.

4 (c) INTERIM REPORT.—The Secretary of Defense

5 and the Secretary of Veterans Affairs shall each submit

6 to Congress a report containing the information required

7 by section 3036 of title 38, United States Code, not later

8 than six months after the date of the enactment of this

9 Act.

10 TITLE IV—HEALTH MATTERS

11 SEC. 401. PARKINSON’S DISEASE RESEARCH, EDUCATION,

12 CLINICAL CENTERS, AND MULTIPLE SCLE13 ROSIS CENTERS OF EXCELLENCE.

14 (a) REQUIREMENT FOR ESTABLISHMENT OF CEN15 TERS.—

16 (1) IN GENERAL.—Subchapter II of chapter 73

17 of title 38, United States Code, is amended by add18 ing at the end the following new section:

19 ‘‘§ 7329. Parkinson’s disease research, education, and

20 clinical centers and multiple sclerosis

21 centers of excellence

22 ‘‘(a) DESIGNATION.—The Secretary, upon the rec23 ommendation of the Under Secretary for Health and pur24 suant to the provisions of this section, shall—

25 ‘‘(1) designate—
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1 ‘‘(A) at least 6 Department health care fa2 cilities as the locations for centers of Parkin3 son’s disease research, education, and clinical

4 activities and (subject to the appropriation of

5 sufficient funds for such purpose); and

6 ‘‘(B) at least 2 Department health care fa7 cilities as the locations for Multiple Sclerosis

8 Centers of Excellence (subject to the appropria9 tion of sufficient funds for such purpose); and

10 ‘‘(2) establish and operate such centers at such

11 locations in accordance with this section.

12 ‘‘(b) EXISTING FACILITIES; GEOGRAPHIC DISTRIBU13 TION.—In designating locations for centers under sub14 section (a), the Secretary, upon the recommendation of the

15 Under Secretary for Health, shall—

16 ‘‘(1) designate each Department health care fa17 cility that, as of January 1, 2005, was operating a

18 Parkinson’s Disease Research, Education, and Clin19 ical Center or a Multiple Sclerosis Center of Excel20 lence unless the Secretary, on the recommendation

21 of the Under Secretary for Health, determines that

22 such facility—

23 ‘‘(A) does not meet the requirements of

24 subsection (c);
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1 ‘‘(B) has not demonstrated effectiveness in

2 carrying out the established purposes of such

3 center; or

4 ‘‘(C) has not demonstrated the potential to

5 carry out such purposes effectively in the rea6 sonably foreseeable future; and

7 ‘‘(2) assure appropriate geographic distribution

8 of such facilities.

9 ‘‘(c) MINIMUM REQUIREMENTS.—The Secretary may

10 not designate a health care facility as a location for a cen11 ter under subsection (a) unless—

12 ‘‘(1) the peer review panel established under

13 subsection (d) determines that the proposal sub14 mitted by such facility is among those proposals

15 which meet the highest competitive standards of sci16 entific and clinical merit; and

17 ‘‘(2) the Secretary, upon the recommendation of

18 the Under Secretary for Health, determines that the

19 facility has (or may reasonably be anticipated to de20 velop)—

21 ‘‘(A) an arrangement with an accredited

22 medical school which provides education and

23 training in neurology and with which such facil24 ity is affiliated under which residents receive

25 education and training in innovative diagnosis
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1 and treatment of chronic neurodegenerative dis2 eases and movement disorders, including Par3 kinson’s disease, or in the case of Multiple Scle4 rosis Centers, multiple sclerosis disease;

5 ‘‘(B) the ability to attract the participation

6 of scientists who are capable of ingenuity and

7 creativity in health-care research efforts;

8 ‘‘(C) a policymaking advisory committee

9 composed of consumers and appropriate health

10 care and research representatives of the facility

11 and of the affiliated school or schools to advise

12 the directors of such facility and such center on

13 policy matters pertaining to the activities of

14 such center during the period of the operation

15 of such center;

16 ‘‘(D) the capability to conduct effectively

17 evaluations of the activities of such center;

18 ‘‘(E) the capability to coordinate, as part

19 of an integrated national system, education,

20 clinical, and research activities within all facili21 ties with such centers;

22 ‘‘(F) the capability to jointly develop a

23 consortium of providers with interest in treating

24 neurodegenerative diseases, including Parkin25 son’s disease, and other movement disorders, or
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1 multiple sclerosis in the case of Multiple Scle2 rosis Centers, at facilities without such centers

3 in order to ensure better access to state of the

4 art diagnosis, care, and education for

5 neurodegenerative disorders, or in the case of

6 Multiple Sclerosis Centers, autoimmune disease

7 affecting the central nervous system throughout

8 the health care system; and

9 ‘‘(G) the capability to develop a national

10 repository in the health care system for the col11 lection of data on health services delivered to

12 veterans seeking care for neurodegenerative dis13 eases, including Parkinson’s disease, and other

14 movement disorders, or in the case of Multiple

15 Sclerosis Centers, autoimmune disease affecting

16 the central nervous system.

17 ‘‘(d) PANEL.—(1) The Under Secretary for Health

18 shall establish a panel to assess the scientific and clinical

19 merit of proposals that are submitted to the Secretary for

20 the establishment of new centers under this section.

21 ‘‘(2)(A) The membership of the panel shall consist

22 of experts in neurodegenerative diseases, including Parkin23 son’s disease and other movement disorders, and, in the

24 case of Multiple Sclerosis Centers, experts in autoimmune

25 disease affecting the central nervous system.
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1 ‘‘(B) Members of the panel shall serve as consultants

2 to the Department for a period of no longer than 2 years

3 except in the case of panelists asked to serve on the initial

4 panel as specified in subparagraph (C).

5 ‘‘(C) In order to ensure panel continuity, half of the

6 members of the first panel shall be appointed for a period

7 of 3 years and half for a period of 2 years.

8 ‘‘(3) The panel shall review each proposal submitted

9 to the panel by the Under Secretary and shall submit its

10 views on the relative scientific and clinical merit of each

11 such proposal to the Under Secretary.

12 ‘‘(4) The panel shall not be subject to the Federal

13 Advisory Committee Act.

14 ‘‘(e) ADEQUATE FUNDING.—Before providing funds

15 for the operation of any such center at a health care facil16 ity other than a health care facility designated under sub17 section (b)(1), the Secretary shall ensure that—

18 ‘‘(1) the Parkinson’s disease center at each fa19 cility designated under subsection (b)(1) is receiving

20 adequate funding to enable such center to function

21 effectively in the areas of Parkinson’s disease re22 search, education, and clinical activities; and

23 ‘‘(2) in the case of a new Multiple Sclerosis

24 Center, that existing centers are receiving adequate

25 funding to enable such centers to function effectively
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1 in the areas of multiple sclerosis research, education,

2 and clinical activities.

3 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—(1)

4 There are authorized to be appropriated such sums as may

5 be necessary for the support of the research and education

6 activities of the centers established under subsection (a).

7 ‘‘(2) The Under Secretary for Health shall allocate

8 to such centers from other funds appropriated generally

9 for the Department medical services account and medical

10 and prosthetics research account, as appropriate, such

11 amounts as the Under Secretary for Health determines

12 appropriate.

13 ‘‘(g) FUNDING ELIGIBILITY AND PRIORITY FOR PAR14 KINSON’S DISEASE RESEARCH.—Activities of clinical and

15 scientific investigation at each center established under

16 subsection (a) for Parkinson’s disease shall—

17 ‘‘(1) be eligible to compete for the award of

18 funding from funds appropriated for the Depart19 ment medical and prosthetics research account; and

20 ‘‘(2) receive priority in the award of funding

21 from such account to the extent funds are awarded

22 to projects for research in Parkinson’s disease and

23 other movement disorders.

24 ‘‘(h) FUNDING ELIGIBILITY AND PRIORITY FOR

25 MULTIPLE SCLEROSIS RESEARCH.—Activities of clinical
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1 and scientific investigation at each center established

2 under subsection (a) for multiple sclerosis shall—

3 ‘‘(1) be eligible to compete for the award of

4 funding from funds appropriated for the Depart5 ment medical and prosthetics research account; and

6 ‘‘(2) receive priority in the award of funding

7 from such account to the extent funds are awarded

8 to projects for research in multiple sclerosis and

9 other movement disorders.’’.

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 73 of title 38,

12 United States Code, is amended by inserting after

13 the item relating to section 7328 the following new

14 item:

‘‘7329. Parkinson’s disease research, education, and clinical centers and multiple sclerosis centers of excellence.’’.

15 (b) EFFECTIVE DATE.—The amendments made by

16 subsection (a) shall take effect on October 1, 2006.

17 SEC. 402. REPEAL OF TERM OF OFFICE FOR THE UNDER

18 SECRETARY FOR HEALTH AND THE UNDER

19 SECRETARY FOR BENEFITS.

20 (a) UNDER SECRETARY FOR HEALTH.—

21 (1) IN GENERAL.—Section 305 of title 38,

22 United States Code, is amended by striking sub23 section (c).
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1 (2) CONFORMING AMENDMENT.—Subsection (d)

2 of such section is redesignated as subsection (c).

3 (b) UNDER SECRETARY FOR BENEFITS.—

4 (1) IN GENERAL.—Section 306 of title 38,

5 United States Code, is amended by striking sub6 section (c).

7 (2) CONFORMING AMENDMENT.—Subsection (d)

8 of such section is redesignated as subsection (c).

9 SEC. 403. MODIFICATIONS TO EXISTING STATE HOME AU10 THORITIES.

11 (a) NURSING HOME CARE AND PRESCRIPTION MEDI12 CATIONS IN STATE HOMES FOR VETERANS WITH SERV13 ICE-CONNECTED DISABILITIES.—

14 (1) NURSING HOME CARE.—Subchapter V of

15 chapter 17 of title 38, United States Code, is

16 amended by adding at the end the following new sec17 tion:

18 ‘‘§ 1745. Nursing home care and medications for vet19 erans with service-connected disabilities

20 ‘‘(a)(1) The Secretary shall pay each State home for

21 nursing home care at the rate determined under para22 graph (2), where such care is provided to any veteran as

23 follows:

24 ‘‘(A) Any veteran in need of such care for a

25 service-connected disability.
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1 ‘‘(B) Any veteran who—

2 ‘‘(i) has a service-connected disability rated

3 at 70 percent or more; and

4 ‘‘(ii) is in need of such care.

5 ‘‘(2) The rate determined under this paragraph with

6 respect to a State home is the lesser of—

7 ‘‘(A) the applicable or prevailing rate payable in

8 the geographic area in which the State home is lo9 cated, as determined by the Secretary, for nursing

10 home care furnished in a non-Department nursing

11 home (as that term is defined in section 1720(e)(2));

12 or

13 ‘‘(B) a rate not to exceed the daily cost of care,

14 as determined by the Secretary, following a report to

15 the Secretary by the director of the State home.

16 ‘‘(3) Payment by the Secretary under paragraph (1)

17 to a State home for nursing home care provided to a vet18 eran described in that paragraph constitutes payment in

19 full to the State home for such care furnished to that vet20 eran.’’.

21 (2) PROVISION OF PRESCRIPTION MEDICINES.—

22 Such section, as so added, is further amended by

23 adding at the end the following new subsection:

24 ‘‘(b) The Secretary shall furnish such drugs and

25 medicines as may be ordered on prescription of a duly li-
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1 censed physician as specific therapy in the treatment of

2 illness or injury to any veteran as follows:

3 ‘‘(1) Any veteran who—

4 ‘‘(A) is not being provided nursing home

5 care for which payment is payable under sub6 section (a); and

7 ‘‘(B) is in need of such drugs and medi8 cines for a service-connected disability.

9 ‘‘(2) Any veteran who—

10 ‘‘(A) has a service-connected disability

11 rated at 50 percent or more;

12 ‘‘(B) is not being provided nursing home

13 care for which payment is payable under sub14 section (a); and

15 ‘‘(C) is in need of such drugs and medi16 cines.’’.

17 (3) CONFORMING AMENDMENTS.—

18 (A) CRITERIA FOR PAYMENT.—Section

19 1741(a)(1) of such title is amended by striking

20 ‘‘The’’ and inserting ‘‘Except as provided in

21 section 1745 of this title, the’’.

22 (B) ELIGIBILITY FOR NURSING HOME

23 CARE.—Section 1710(a)(4) of such title is

24 amended—
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1 (i) by striking ‘‘and’’ before ‘‘the re2 quirement in section 1710B of this title’’;

3 and

4 (ii) by inserting ‘‘, and the require5 ment in section 1745 of this title to pro6 vide nursing home care and prescription

7 medicines to veterans with service-con8 nected disabilities in State homes’’ after ‘‘a

9 program of extended care services’’.

10 (4) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 17 of such title is

12 amended by inserting after the item relating to sec13 tion 1744 the following new item:

‘‘1745. Nursing home care and medications for veterans with service-connected

disabilities.’’.

14 (5) EFFECTIVE DATE.—The amendments made

15 by this subsection shall take effect 90 days after the

16 date of the enactment of this Act.

17 (b) IDENTIFICATION OF VETERANS IN STATE

18 HOMES.—Such chapter is further amended—

19 (1) in section 1745, as added by subsection

20 (a)(1) of this section, by adding at the end the fol21 lowing new subsection:

22 ‘‘(c) Any State home that requests payment or reim23 bursement for services provided to a veteran under this

24 section shall provide to the Secretary such information as
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1 the Secretary considers necessary to identify each indi2 vidual veteran eligible for payment under such section.’’;

3 and

4 (2) in section 1741, by adding at the end the

5 following new subsection:

6 ‘‘(f) Any State home that requests payment or reim7 bursement for services provided to a veteran under this

8 section shall provide to the Secretary such information as

9 the Secretary considers necessary to identify each indi10 vidual veteran eligible for payment under such section.’’.

11 (c) AUTHORITY TO TREAT CERTAIN HEALTH FA12 CILITIES AS STATE HOMES.—

13 (1) AUTHORITY.—Subchapter III of chapter 81

14 of title 38, United States Code, is amended by add15 ing at the end the following new section:

16 ‘‘§ 8138. Treatment of certain health facilities as State

17 homes

18 ‘‘(a) The Secretary may treat a health facility, or cer19 tain beds in a health facility, as a State home for purposes

20 of subchapter V of chapter 17 of this title if the following

21 requirements are met:

22 ‘‘(1) The facility, or certain beds in such facil23 ity, meets the standards for the provision of nursing

24 home care that is applicable to State homes, as pre25 scribed by the Secretary under section 8134(b) of
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1 this title, and such other standards relating to the

2 facility, or certain beds in such facility, as the Sec3 retary may require.

4 ‘‘(2) The facility, or certain beds in such facil5 ity, is licensed or certified by the appropriate State

6 and local agencies charged with the responsibility of

7 licensing or otherwise regulating or inspecting State

8 home facilities.

9 ‘‘(3) The State demonstrates in an application

10 to the Secretary that, but for the treatment of a fa11 cility (or certain beds in such facility), as a State

12 home under this subsection, a substantial number of

13 veterans residing in the geographic area in which the

14 facility is located who require nursing home care will

15 not have access to such care.

16 ‘‘(4) The Secretary determines that the treat17 ment of the facility, or certain beds in such facility,

18 as a State home best meets the needs of veterans for

19 nursing home care in the geographic area in which

20 the facility is located.

21 ‘‘(5) The Secretary approves the application

22 submitted by the State with respect to the facility,

23 or certain beds in such facility.

24 ‘‘(b) The Secretary may not treat a health facility,

25 or certain beds in a health facility, as a State home under
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1 subsection (a) if the Secretary determines that such treat2 ment would increase the number of beds allocated to the

3 State in excess of the limit on the number of beds provided

4 for by regulations prescribed under section 8134(a) of this

5 title.

6 ‘‘(c) The number of beds occupied by veterans in a

7 health facility for which payment may be made under sub8 chapter V of chapter 17 of this title by reason of sub9 section (a) shall not exceed—

10 ‘‘(1) 100 beds in the aggregate for all States;

11 and

12 ‘‘(2) in the case of any State, the difference

13 between—

14 ‘‘(A) the number of veterans authorized to

15 be in beds in State homes in such State under

16 regulations prescribed under section 8134(a) of

17 this title; and

18 ‘‘(B) the number of veterans actually in

19 beds in State homes (other than facilities or

20 certain beds treated as State homes under sub21 section (a)) in such State under regulations

22 prescribed under such section.

23 ‘‘(d) The number of beds in a health facility in a

24 State that has been treated as a State home under sub25 section (a) shall be taken into account in determining the
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1 unmet need for beds for State homes for the State under

2 section 8134(d)(1) of this title.

3 ‘‘(e) The Secretary may not treat any new health fa4 cilities, or any new certain beds in a health facility, as

5 a State home under subsection (a) after September 30,

6 2009.’’.

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of chapter 81 of such title is

9 amended by inserting after the item relating to sec10 tion 8137 the following new item:

‘‘8138. Treatment of certain health facilities as State homes.’’.

11 SEC. 404. OFFICE OF RURAL HEALTH.

12 (a) ESTABLISHMENT.—There is established in the

13 Department of Veterans Affairs within the Office of the

14 Undersecretary for Health an office to be known as the

15 ‘‘Office of Rural Health’’ (in this section referred to as

16 the ‘‘Office’’).

17 (b) HEAD.—The Director of the Office of Rural

18 Health shall be the head of the Office. The Director of

19 the Office of Rural Health shall be appointed by the

20 Under Secretary of Health from among individuals quali21 fied to perform the duties of the position.

22 (c) FUNCTIONS.—The functions of the Office are as

23 follows:

24 (1) In cooperation with the medical, rehabilita25 tion, health services, and cooperative studies re-
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1 search programs in the Office of Policy and the Of2 fice of Research and Development of the Veterans

3 Health Administration, to assist the Under Sec4 retary for Health in conducting, coordinating, pro5 moting, and disseminating research into issues af6 fecting veterans living in rural areas.

7 (2) To work with all personnel and offices of

8 the Department of Veterans Affairs to develop, re9 fine, and promulgate policies, best practices, lessons

10 learned, and innovative and successful programs to

11 improve care and services for veterans who reside in

12 rural areas of the United States.

13 (3) To designate in each Veterans Integrated

14 Service Network (VISN) an individual who shall

15 consult on and coordinate the discharge in such Net16 work of programs and activities of the Office for vet17 erans who reside in rural areas of the United States.

18 (4) To assess, in accordance with subsection

19 (d), the effects of the implementation of the fee20 basis health care program of the Veterans Health

21 Administration on the delivery of health care serv22 ices to veterans who reside in rural areas of the

23 United States.
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1 (5) To perform such other functions and duties

2 as the Secretary of Veterans Affairs or the Under

3 Secretary for Health consider appropriate.

4 (d) ASSESSMENT OF FEE-BASIS HEALTH CARE PRO5 GRAM.—The Director of the Office shall, in consultation

6 with the individuals designated under subsection (c)(3),

7 conduct an assessment of the effects of the implementa8 tion of the fee-basis health care program of the Veterans

9 Health Administration on the delivery of health care serv10 ices to veterans who reside in rural areas of the United

11 States. In conducting the assessment, the Director shall—

12 (1) evaluate the effects of the fee-basis health

13 care program on the delivery of health care services

14 to veterans who reside in rural areas of the United

15 States;

16 (2) identify various mechanisms for expanding

17 the program in order to enhance and improve health

18 care services for such veterans and determine the

19 feasibility and advisability of implementing such

20 mechanisms; and

21 (3) for each mechanism determined under para22 graph (2) to be feasible and advisable to implement,

23 make recommendations to the Under Secretary for

24 Health on the implementation of such mechanism.
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1 SEC. 405. PILOT PROGRAM ON IMPROVEMENT OF CARE2 GIVER ASSISTANCE SERVICES.

3 (a) IN GENERAL.—Commencing not later than 120

4 days after the date of the enactment of this Act, the Sec5 retary of Veterans Affairs shall carry out a pilot program

6 to assess the feasibility and advisability of various mecha7 nisms to expand and improve caregiver assistance services.

8 (b) DURATION OF PILOT PROGRAM.—The pilot pro9 gram required by subsection (a) shall be carried out dur10 ing the two-year period beginning on the date of the com11 mencement of the pilot program.

12 (c) CAREGIVER ASSISTANCE SERVICES.—For pur13 poses of this section, the term ‘‘caregiver assistance serv14 ices’’ are services of the Department of Veterans Affairs

15 that assist caregivers of veterans, including veterans of the

16 Global War on Terrorism. Such services including the fol17 lowing:

18 (1) Adult-day health care services.

19 (2) Coordination of services needed by veterans,

20 including services for readjustment and rehabilita21 tion.

22 (3) Transportation services.

23 (4) Caregiver support services, including edu24 cation, training, and certification of family members

25 in caregiver activities.

26 (5) Home care services.
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1 (6) Respite care.

2 (7) Hospice services.

3 (8) Any modalities of non-institutional long4 term care.

5 (d) FUNDING.—

6 (1) SOURCE OF FUNDS.—In carrying out the

7 program required by subsection (a), the Secretary

8 shall identify, from funds available to the Depart9 ment of Veterans Affairs for medical care, an

10 amount not less than $5,000,000 to be available for

11 the fiscal year that includes the date of the enact12 ment of this Act, to carry out the pilot program and

13 to be allocated to facilities of the Department pursu14 ant to subsection (e). Such amount shall be available

15 without fiscal year limitation.

16 (2) MINIMUM ALLOCATION OF FUNDS.—In

17 identifying available amounts pursuant to paragraph

18 (1), the Secretary shall ensure that, after the alloca19 tion of funds under subsection (e), the total expendi20 ture for programs in support of caregiver assistance

21 services is not less than $5,000,000 in excess of the

22 baseline amount.

23 (3) BASELINE AMOUNT.—For purposes of para24 graph (2), the baseline amount is the amount of the

25 total expenditures on programs in support of care-
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1 giver assistance services for veterans for the most

2 recent fiscal year for which final expenditure

3 amounts are known, adjusted to reflect any subse4 quent increase in applicable costs to support such

5 services through the Veterans Health Administra6 tion.

7 (e) ALLOCATION OF FUNDS TO FACILITIES.—The

8 Secretary shall allocate funds identified pursuant to sub9 section (d)(1) to individual medical facilities of the De10 partment in such amounts as the Secretary determines ap11 propriate, based upon proposals submitted by such facili12 ties for the use of such funds for improvements to the

13 support of the provision of caregiver assistance services.

14 Special consideration should be given to rural facilities,

15 including those without a long-term care facility of the De16 partment.

17 (f) REPORT.—Not later than one year after the date

18 of the enactment of this Act, the Secretary shall submit

19 to the Committee on Veterans’ Affairs of the Senate and

20 the Committee on Veterans’ Affairs of the House of Rep21 resentatives a report on the implementation of this section,

22 including—

23 (1) a description and assessment of the activi24 ties carried out under the pilot program;
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1 (2) information on the allocation of funds to fa2 cilities of the Department under subsection (d); and

3 (3) a description of the improvements made

4 with funds so allocated to the support of the provi5 sion of caregiver assistance services.

6 TITLE V—HOMELESS VETERANS

7 ASSISTANCE

8 SEC. 501. REAFFIRMATION OF NATIONAL GOAL TO END

9 HOMELESSNESS AMONG VETERANS.

10 (a) REAFFIRMATION.—Congress reaffirms the na11 tional goal to end chronic homelessness among veterans

12 within a decade of the enactment of the Homeless Vet13 erans Comprehensive Assistance Act of 2001 (Public Law

14 107–95; 115 Stat. 903).

15 (b) REAFFIRMATION OF ENCOURAGEMENT OF COOP16 ERATIVE EFFORTS.—Congress reaffirms its encourage17 ment, as specified in the Homeless Veterans Comprehen18 sive Assistance Act of 2001 (Public Law 107–95; 115

19 Stat. 903), that all departments and agencies of the Fed20 eral, State, and local governments, quasi-governmental or21 ganizations, private and public sector entities, including

22 community-based organizations, faith-based organizations,

23 and individuals, work cooperatively to end chronic home24 lessness among veterans.
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1 SEC. 502. SENSE OF CONGRESS ON THE RESPONSE OF THE

2 FEDERAL GOVERNMENT TO THE NEEDS OF

3 HOMELESS VETERANS.

4 It is the sense of Congress that—

5 (1) homelessness is a significant problem in the

6 veterans community, and veterans are disproportion7 ately represented among the homeless population;

8 (2) while many effective programs assist home9 less veterans to become, once again, productive and

10 self-sufficient members of their communities and so11 ciety, all the essential services, assistance, and sup12 port that homeless veterans require are not currently

13 provided;

14 (3) federally funded programs for homeless vet15 erans should be held accountable for achieving clear16 ly defined results;

17 (4) Federal efforts to assist homeless veterans

18 should include prevention of homelessness;

19 (5) Federal efforts regarding homeless veterans

20 should be particularly vigorous where women vet21 erans have minor children in their care;

22 (6) Federal agencies, particularly the Depart23 ment of Veterans Affairs, the Department of Labor,

24 and the Department of Housing and Urban Develop25 ment, should cooperate more fully to address the

26 problem of homelessness among veterans; and
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1 (7) the programs reauthorized by this title pro2 vide important housing and services to homeless vet3 erans.

4 SEC. 503. AUTHORITY TO MAKE GRANTS FOR COMPREHEN5 SIVE SERVICE PROGRAMS FOR HOMELESS

6 VETERANS.

7 (a) PERMANENT AUTHORITY.—Section 2011(a) of

8 title 38, United States Code, is amended—

9 (1) by striking paragraph (2); and

10 (2) in paragraph (1)—

11 (A) by striking ‘‘(1)’’; and

12 (B) by redesignating subparagraphs (A)

13 through (D) as paragraphs (1) through (4), re14 spectively.

15 (b) AUTHORIZATION OF APPROPRIATIONS.—The text

16 of section 2013 of such title is amended to read as follows:

17 ‘‘There is authorized to be appropriated, to carry out this

18 subchapter, $130,000,000 for fiscal year 2007 and each

19 fiscal year thereafter.’’.

20 SEC. 504. EXTENSION OF TREATMENT AND REHABILITA21 TION FOR SERIOUSLY MENTALLY ILL AND

22 HOMELESS VETERANS.

23 (a) EXTENSION OF AUTHORITY FOR GENERAL

24 TREATMENT.—Section 2031(b) of title 38, United States
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1 Code, is amended by striking ‘‘2006’’ and inserting

2 ‘‘2011’’.

3 (b) EXTENSION OF AUTHORITY FOR ADDITIONAL

4 SERVICES.—Section 2033(d) of such title is amended by

5 striking ‘‘2006’’ and inserting ‘‘2011’’.

6 SEC. 505. EXTENSION OF AUTHORITY FOR TRANSFER OF

7 PROPERTIES OBTAINED THROUGH FORE8 CLOSURE OF HOME MORTGAGES.

9 Section 2041(c) of title 38, United States Code, is

10 amended by striking ‘‘2008’’ and inserting ‘‘2011’’.

11 SEC. 506. EXTENSION OF FUNDING FOR GRANT PROGRAM

12 FOR HOMELESS VETERANS WITH SPECIAL

13 NEEDS.

14 Section 2061(c)(1) of title 38, United States Code,

15 is amended by striking ‘‘2003, 2004, and 2005,

16 $5,000,000’’ and inserting ‘‘2007 through 2011,

17 $7,000,000’’.

18 SEC. 507. EXTENSION OF FUNDING FOR HOMELESS VET19 ERAN SERVICE PROVIDER TECHNICAL AS20 SISTANCE PROGRAM.

21 Subsection (b) of section 2064 of title 38, United

22 States Code, is amended to read as follows:

23 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated $1,000,000 for each of
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1 fiscal years 2007 through 2012 to carry out the program

2 under this section.’’.

3 SEC. 508. ADDITIONAL ELEMENT IN ANNUAL REPORT ON

4 ASSISTANCE TO HOMELESS VETERANS.

5 Section 2065(b) of title 38, United States Code, is

6 amended—

7 (1) by redesignating paragraph (5) as para8 graph (6); and

9 (2) by inserting after paragraph (4) the fol10 lowing new paragraph (5):

11 ‘‘(5) Information on the efforts of the Secretary

12 to coordinate the delivery of housing and services to

13 homeless veterans with other Federal departments

14 and agencies, including—

15 ‘‘(A) the Department of Defense;

16 ‘‘(B) the Department of Health and

17 Human Services;

18 ‘‘(C) the Department of Housing and

19 Urban Development;

20 ‘‘(D) the Department of Justice;

21 ‘‘(E) the Department of Labor;

22 ‘‘(F) the Interagency Council on Homeless23 ness;

24 ‘‘(G) the Social Security Administration;

25 and
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1 ‘‘(H) any other Federal department or

2 agency with which the Secretary coordinates the

3 delivery of housing and services to homeless vet4 erans.’’.

5 SEC. 509. ADVISORY COMMITTEE ON HOMELESS VETERANS.

6 (a) ADDITIONAL EX OFFICIO MEMBERS.—Sub7 section (a)(3) of section 2066 of title 38, United States

8 Code, is amended by adding at the end the following new

9 subparagraphs:

10 ‘‘(E) The Executive Director of the Interagency

11 Council on Homelessness (or a representative of the

12 Executive Director).

13 ‘‘(F) The Under Secretary for Health (or a rep14 resentative of the Under Secretary after consultation

15 with the Director of the Office of Homeless Veterans

16 Programs).

17 ‘‘(G) The Under Secretary for Benefits (or a

18 representative of the Under Secretary after consulta19 tion with the Director of the Office of Homeless Vet20 erans Programs).’’.

21 (b) EXTENSION.—Subsection (d) of such section is

22 amended by striking ‘‘December 31, 2006’’ and inserting

23 ‘‘September 30, 2011’’.
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1 SEC. 510. RENTAL ASSISTANCE VOUCHERS FOR VETERANS

2 AFFAIRS SUPPORTED HOUSING PROGRAM.

3 (a) FUNDING FOR VOUCHERS.—Section

4 (8)(o)(19)(B) of the United States Housing Act of 1937

5 (42 U.S.C. 1437f(o)(19)(B)) is amended to read as fol6 lows:

7 ‘‘(B) AMOUNT.—The amount specified in

8 this subparagraph is—

9 ‘‘(i) for fiscal year 2007, the amount

10 necessary to provide 500 vouchers for rent11 al assistance under this subsection;

12 ‘‘(ii) for fiscal year 2008, the amount

13 necessary to provide 1,000 vouchers for

14 rental assistance under this subsection;

15 ‘‘(iii) for fiscal year 2009, the amount

16 necessary to provide 1,500 vouchers for

17 rental assistance under this subsection;

18 ‘‘(iv) for fiscal year 2010, the amount

19 necessary to provide 2,000 vouchers for

20 rental assistance under this subsection;

21 and

22 ‘‘(v) for fiscal year 2011, the amount

23 necessary to provide 2,500 vouchers for

24 rental assistance under this subsection.’’.

25 (b) ELIMINATION OF FUNDING THROUGH INCRE26 MENTAL ASSISTANCE.—Subparagraph (C) of section
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1 8(o)(19) of the United States Housing Act of 1937 (42

2 U.S.C. 1437f(o)(19)(C)) is repealed.

3 (c) STUDY OF EFFECTIVENESS OF VOUCHERS.—

4 (1) IN GENERAL.—For fiscal years 2007 and

5 2008, the Secretary of Veterans Affairs shall con6 duct a study of the effectiveness of the voucher pro7 gram under section (8)(o)(19)(B) of the United

8 States Housing Act of 1937 (42 U.S.C.

9 1437f(o)(19)(B)), as amended by subsection (a), in

10 meeting the housing and case management needs of

11 homeless veterans who—

12 (A) have a chronic mental illnesses or

13 chronic substance use disorder; and

14 (B) are participating in continuing treat15 ment for such mental illness or substance use

16 disorder as a condition of receipt of such rental

17 assistance.

18 (2) COMPARISON.—As part of the study re19 quired by paragraph (1) the Secretary shall compare

20 the results of the program described in that para21 graph with other programs as follows:

22 (A) Programs in which the Department of

23 Veterans Affairs coordinates the delivery of

24 housing and services to homeless veterans.
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1 (B) Programs for the provision of grants

2 or per diem payments to providers of services

3 that are designed to meet the needs of homeless

4 veterans.

5 (3) CRITERIA.—In conducting the comparison

6 required by paragraph (2), the Secretary shall exam7 ine the following:

8 (A) The satisfaction of veterans targeted

9 by the programs described in paragraph (2).

10 (B) The health status of such veterans.

11 (C) For programs that address substance

12 use disorders, the reduction in severity of such

13 disorders in such veterans.

14 (D) The housing provided such veterans

15 under such programs.

16 (E) The degree to which such veterans are

17 encouraged to productive activity by such pro18 grams.

19 (4) REPORT.—Not later than March 31, 2009,

20 the Secretary shall submit to the Committee on Vet21 erans’ Affairs of the Senate and the Committee on

22 Veterans’ Affairs of the House of Representatives a

23 report on the results of the study required by para24 graph (1).
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1 SEC. 511. FINANCIAL ASSISTANCE FOR SUPPORTIVE SERV2 ICES FOR VERY LOW-INCOME VETERAN FAMI3 LIES IN PERMANENT HOUSING.

4 (a) PURPOSE.—The purpose of this section is to fa5 cilitate the provision of supportive services for very low6 income veteran families in permanent housing.

7 (b) FINANCIAL ASSISTANCE.—

8 (1) IN GENERAL.—Subchapter V of chapter 20

9 of title 38, United States Code, is amended by add10 ing at the end the following new section:

11 ‘‘§ 2044. Financial assistance for supportive services

12 for very low-income veteran families in

13 permanent housing

14 ‘‘(a) DISTRIBUTION OF FINANCIAL ASSISTANCE.—

15 (1) The Secretary shall provide financial assistance to eli16 gible entities approved under this section to provide and

17 coordinate the provision of supportive services described

18 in subsection (b) for very low-income veteran families oc19 cupying permanent housing.

20 ‘‘(2) Financial assistance under this section shall con21 sist of per diem payments for each such family for which

22 an approved eligible entity is providing or coordinating the

23 provision of supportive services.

24 ‘‘(3)(A) Subject to the availability of appropriations

25 provided for such purpose, the Secretary shall provide to

26 each family for which an approved eligible entity is pro-
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1 viding or coordinating the provision of supportive services

2 per diem payments in the amount of the daily cost of care

3 estimated by such eligible entity (as adjusted by the Sec4 retary under subparagraph (C)).

5 ‘‘(B) In no case may the amount of per diem paid

6 under this paragraph exceed the rate of per diem author7 ized for State homes for domiciliary care under subsection

8 (a)(1)(A) of section 1741 of this title, as adjusted by the

9 Secretary under subsection (c) of such section.

10 ‘‘(C) The Secretary may adjust the daily cost of care

11 estimated by an eligible entity for purposes of this para12 graph to exclude other sources of income described in sub13 paragraph (E) that the eligible entity certifies to be cor14 rect.

15 ‘‘(D) Each eligible entity shall provide to the Sec16 retary such information with respect to other sources of

17 income as the Secretary may require to make the adjust18 ment under subparagraph (C).

19 ‘‘(E) The other sources of income referred to in sub20 paragraphs (C) and (D) are payments to the eligible entity

21 for furnishing services to homeless veterans under pro22 grams other than under this subchapter, including pay23 ments and grants from other departments and agencies

24 of the Federal Government, from departments or agencies
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1 of State or local government, and from private entities or

2 organizations.

3 ‘‘(4) In providing financial assistance under para4 graph (1), the Secretary shall give preference to entities

5 providing or coordinating the provision of supportive serv6 ices for very low-income veteran families who are

7 transitioning from homelessness to permanent housing.

8 ‘‘(5) The Secretary shall ensure that, to the extent

9 practicable, financial assistance under this subsection is

10 equitably distributed across geographic regions, including

11 rural communities and tribal lands.

12 ‘‘(6) Each entity receiving financial assistance under

13 this section to provide supportive services to a very low14 income veteran family shall notify that family that such

15 services are being paid for, in whole or in part, by the

16 Department.

17 ‘‘(7) The Secretary may require entities receiving fi18 nancial assistance under this section to submit a report

19 to the Secretary that describes the projects carried out

20 with such financial assistance.

21 ‘‘(b) SUPPORTIVE SERVICES.—The supportive serv22 ices referred to in subsection (a) are the following:

23 ‘‘(1) Services provided by an eligible entity or

24 subcontractors that address the needs of very low-in-
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1 come veteran families occupying permanent housing,

2 including—

3 ‘‘(A) outreach services;

4 ‘‘(B) health care services, including diag5 nosis, treatment, and counseling for mental

6 health and substance abuse disorders and for

7 post-traumatic stress disorder, if such services

8 are not readily available through the Depart9 ment medical center serving the geographic

10 area in which the veteran family is housed;

11 ‘‘(C) habilitation and rehabilitation serv12 ices;

13 ‘‘(D) case management services;

14 ‘‘(E) daily living services;

15 ‘‘(F) personal financial planning;

16 ‘‘(G) transportation services;

17 ‘‘(H) vocational counseling;

18 ‘‘(I) employment and training;

19 ‘‘(J) educational services;

20 ‘‘(K) assistance in obtaining veterans bene21 fits and other public benefits, including health

22 care provided by the Department;

23 ‘‘(L) assistance in obtaining income sup24 port;
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1 ‘‘(M) assistance in obtaining health insur2 ance;

3 ‘‘(N) fiduciary and representative payee

4 services;

5 ‘‘(O) legal services to assist the veteran

6 family with reconsiderations or appeals of vet7 erans and public benefit claim denials and to

8 resolve outstanding warrants that interfere with

9 the family’s ability to obtain or retain housing

10 or supportive services;

11 ‘‘(P) child care;

12 ‘‘(Q) housing counseling;

13 ‘‘(R) other services necessary for maintain14 ing independent living; and

15 ‘‘(S) coordination of services under this

16 paragraph.

17 ‘‘(2) Services described in paragraph (1) that

18 are delivered to very low-income veteran families

19 who are homeless and who are scheduled to become

20 residents of permanent housing within 90 days

21 pending the location or development of housing suit22 able for permanent housing.

23 ‘‘(3) Services described in paragraph (1) for

24 very low-income veteran families who have volun25 tarily chosen to seek other housing after a period of
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1 tenancy in permanent housing, that are provided, for

2 a period of 90 days after such families exit perma3 nent housing or until such families commence re4 ceipt of other housing services adequate to meet

5 their current needs, but only to the extent that serv6 ices under this paragraph are designed to support

7 such families in their choice to transition into hous8 ing that is responsive to their individual needs and

9 preferences.

10 ‘‘(c) APPLICATION FOR FINANCIAL ASSISTANCE.—

11 (1) An eligible entity seeking financial assistance under

12 subsection (a) shall submit an application to the Secretary

13 in such form, in such manner, and containing such com14 mitments and information as the Secretary determines to

15 be necessary to carry out this section.

16 ‘‘(2) Each application submitted by an eligible entity

17 under paragraph (1) shall contain—

18 ‘‘(A) a description of the supportive services

19 proposed to be provided by the eligible entity;

20 ‘‘(B) a description of the types of very low-in21 come veteran families proposed to be provided such

22 services;

23 ‘‘(C) an estimate of the number of very low-in24 come veteran families proposed to be provided such

25 services;
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1 ‘‘(D) evidence of the experience of the eligible

2 entity in providing supportive services to very low-in3 come veteran families; and

4 ‘‘(E) a description of the managerial capacity of

5 the eligible entity to—

6 ‘‘(i) coordinate the provision of supportive

7 services with the provision of permanent hous8 ing, by the eligible entity or by other organiza9 tions;

10 ‘‘(ii) continuously assess the needs of very

11 low-income veteran families for supportive serv12 ices;

13 ‘‘(iii) coordinate the provision of supportive

14 services with the services of the Department;

15 ‘‘(iv) tailor supportive services to the needs

16 of very low-income veteran families; and

17 ‘‘(v) continuously seek new sources of as18 sistance to ensure the long-term provision of

19 supportive services to very low-income veteran

20 families.

21 ‘‘(3) The Secretary shall establish criteria for the se22 lection of eligible entities to be provided financial assist23 ance under this section.

24 ‘‘(d) TECHNICAL ASSISTANCE.—(1) The Secretary

25 shall provide training and technical assistance to partici-
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1 pating eligible entities regarding the planning, develop2 ment, and provision of supportive services to very low-in3 come veteran families occupying permanent housing.

4 ‘‘(2) The Secretary may provide the training de5 scribed in paragraph (1) directly or through grants or con6 tracts with appropriate public or nonprofit private entities.

7 ‘‘(e) FUNDING.—(1) From amounts appropriated to

8 the Department for Medical Care, there shall be available

9 to carry out this section amounts as follows:

10 ‘‘(A) $15,000,000 for fiscal year 2007.

11 ‘‘(B) $20,000,000 for fiscal year 2008.

12 ‘‘(C) $25,000,000 for fiscal year 2009.

13 ‘‘(2) Not more than $750,000 may be available under

14 paragraph (1) in any fiscal year to provide technical as15 sistance under subsection (d).

16 ‘‘(f) DEFINITIONS.—In this section:

17 ‘‘(1) The term ‘consumer cooperative’ has the

18 meaning given such term in section 202 of the

19 Housing Act of 1959 (12 U.S.C. 1701q).

20 ‘‘(2) The term ‘eligible entity’ means—

21 ‘‘(A) a private nonprofit organization; or

22 ‘‘(B) a consumer cooperative.

23 ‘‘(3) The term ‘homeless’ has the meaning

24 given that term in section 103 of the McKinney25 Vento Homeless Assistance Act (42 U.S.C. 11302).
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1 ‘‘(4) The term ‘permanent housing’ means com2 munity-based housing without a designated length of

3 stay.

4 ‘‘(5) The term ‘private nonprofit organization’

5 means any of the following:

6 ‘‘(A) Any incorporated private institution

7 or foundation—

8 ‘‘(i) no part of the net earnings of

9 which inures to the benefit of any member,

10 founder, contributor, or individual;

11 ‘‘(ii) which has a governing board that

12 is responsible for the operation of the sup13 portive services provided under this sec14 tion; and

15 ‘‘(iii) which is approved by the Sec16 retary as to financial responsibility;

17 ‘‘(B) A for-profit limited partnership, the

18 sole general partner of which is an organization

19 meeting the requirements of clauses (i), (ii),

20 and (iii) of subparagraph (A).

21 ‘‘(C) A corporation wholly owned and con22 trolled by an organization meeting the require23 ments of clauses (i), (ii), and (iii) of subpara24 graph (A).
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1 ‘‘(D) A tribally designated housing entity

2 (as defined in section 4 of the Native American

3 Housing Assistance and Self-Determination Act

4 of 1996 (25 U.S.C. 4103)).

5 ‘‘(6)(A) Subject to subparagraphs (B) and (C),

6 the term ‘very low-income veteran family’ means a

7 veteran family whose income does not exceed 50 per8 cent of the median income for the area, as deter9 mined by the Secretary in accordance with this para10 graph.

11 ‘‘(B) The Secretary shall make appropriate ad12 justments to the income requirement under subpara13 graph (A) based on family size.

14 ‘‘(C) The Secretary may establish an income

15 ceiling higher or lower than 50 percent of the me16 dian income for an area if the Secretary determines

17 that such variations are necessary because the area

18 has unusually high or low construction costs, fair

19 market rents (as determined under section 8 of the

20 United States Housing Act of 1937 (42 U.S.C.

21 1437f)), or family incomes.

22 ‘‘(7) The term ‘veteran family’ includes a vet23 eran who is a single person and a family in which

24 the head of household or the spouse of the head of

25 household is a veteran.’’.
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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 20 of such title is

3 amended by inserting after the item relating to sec4 tion 2043 the following new item:

‘‘2044. Financial assistance for supportive services for very low-income veteran

families in permanent housing.’’.

5 (c) STUDY OF EFFECTIVENESS OF PERMANENT

6 HOUSING PROGRAM.—

7 (1) IN GENERAL.—For fiscal years 2007 and

8 2008, the Secretary shall conduct a study of the ef9 fectiveness of the permanent housing program under

10 section 2044 of title 38, United States Code, as

11 amended by subsection (b), in meeting the needs of

12 very low-income veteran families, as that term is de13 fined in that section.

14 (2) COMPARISON.—In the study required by

15 paragraph (1), the Secretary shall compare the re16 sults of the program referred to in that subsection

17 with other programs of the Department of Veterans

18 Affairs dedicated to the delivery of housing and serv19 ices to veterans.

20 (3) CRITERIA.—In making the comparison re21 quired in paragraph (2), the Secretary shall examine

22 the following:

23 (A) The satisfaction of veterans targeted

24 by the programs described in paragraph (2).
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1 (B) The health status of such veterans.

2 (C) The housing provided such veterans

3 under such programs.

4 (D) The degree to which such veterans are

5 encouraged to productive activity by such pro6 grams.

7 (4) REPORT.—Not later than March 31, 2009,

8 the Secretary shall submit to the Committee on Vet9 erans’ Affairs of the Senate and the Committee on

10 Veterans’ Affairs of the House of Representatives a

11 report on the results of the study required by para12 graph (1).

13 TITLE VI—MISCELLANEOUS

14 BENEFITS

15 SEC. 601. RESIDENTIAL COOPERATIVE HOUSING UNITS.

16 (a) HOUSING BENEFITS FOR COOPERATIVE APART17 MENT UNITS.—Subsection (a) of section 3710 of title 38,

18 United States Code, is amended by inserting after para19 graph (11) the following new paragraph:

20 ‘‘(12) To purchase stock or membership in a

21 cooperative housing corporation for the purpose of

22 entitling the veteran to occupy for dwelling purposes

23 a single family residential unit in a development,

24 project, or structure owned or leased by such cor25 poration, in accordance with subsection (h).’’.
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1 (b) CONDITIONS OF HOUSING BENEFITS FOR COOP2 ERATIVE APARTMENT UNITS.—Such section is further

3 amended by adding at the end the following new sub4 section:

5 ‘‘(h)(1) A loan may not be guaranteed under sub6 section (a)(12) unless—

7 ‘‘(A) the development, project, or structure of

8 the cooperative housing corporation complies with

9 such criteria as the Secretary prescribes in regula10 tions; and

11 ‘‘(B) the dwelling unit that the purchase of

12 stock or membership in the development, project, or

13 structure of the cooperative housing corporation en14 titles the purchaser to occupy is a single family resi15 dential unit.

16 ‘‘(2) In this subsection, the term ‘cooperative housing

17 corporation’ has the same meaning given such term in sec18 tion 216(b)(1) of the Internal Revenue Code of 1986.

19 ‘‘(3) When applying the term ‘value of the property’

20 to a loan guaranteed under subsection (a)(12), such term

21 means the appraised value of the stock or membership en22 titling the purchaser to the permanent occupancy of the

23 dwelling unit in the development, project, or structure of

24 the cooperative housing corporation.’’.
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1 SEC. 602. INCREASE IN SUPPLEMENTAL INSURANCE FOR

2 TOTALLY DISABLED VETERANS.

3 Section 1922A(a) of title 38, United States Code, is

4 amended by striking ‘‘$20,000’’ and inserting ‘‘$30,000,

5 during the period beginning on October 1, 2007, and end6 ing on September 31, 2011, or $20,000 at any other

7 time’’.

8 SEC. 603. REAUTHORIZATION OF USE OF CERTAIN INFOR9 MATION FROM OTHER AGENCIES.

10 (a) INFORMATION FROM SECRETARY OF THE TREAS11 URY OR COMMISSIONER OF SOCIAL SECURITY.—Section

12 5317(g) of title 38, United States Code, is amended by

13 striking ‘‘September 30, 2008’’ and inserting ‘‘September

14 30, 2011’’.

15 (b) TAX RETURNS AND TAX RETURN INFORMA16 TION.—The last sentence of section 6103(l)(7) of the In17 ternal Revenue Code of 1986 is amended by striking ‘‘Sep18 tember 30, 2008’’ and inserting ‘‘September 30, 2011’’.

19 SEC. 604. CLARIFICATION OF CORRECTIONAL FACILITIES

20 COVERED BY CERTAIN PROVISIONS OF LAW.

21 (a) PAYMENT OF PENSION DURING CONFINEMENT

22 IN PENAL INSTITUTIONS.—Section 1505(a) of title 38,

23 United States Code, is amended by striking ‘‘or local penal

24 institution’’ and inserting ‘‘local, or other penal institution

25 or correctional facility’’.
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1 (b) ALLOWANCES FOR TRAINING AND REHABILITA2 TION FOR VETERANS WITH SERVICE-CONNECTED DIS3 ABILITIES.—Section 3108(g)(1) of such title is amended

4 by striking ‘‘or local penal institution’’ and inserting

5 ‘‘local, or other penal institution or correctional facility’’.

6 (c) EDUCATIONAL ASSISTANCE BENEFITS FOR POST7 VIETNAM ERA VETERANS.—Section 3231(d)(1) of such

8 title is amended by striking ‘‘or local penal institution’’

9 and inserting ‘‘local, or other penal institution or correc10 tional facility’’.

11 (d) COMPUTATION OF EDUCATIONAL ASSISTANCE

12 ALLOWANCES FOR VETERANS GENERALLY.—Section

13 3482(g)(1) of such title is amended by striking ‘‘or local

14 penal institution’’ and inserting ‘‘local, or other penal in15 stitution or correctional facility’’.

16 (e) COMPUTATION OF EDUCATIONAL ASSISTANCE

17 ALLOWANCE FOR SURVIVORS AND DEPENDENTS.—Sec18 tion 3532(e) of such title is amended by striking ‘‘or local

19 penal institution’’ and inserting ‘‘local, or other penal in20 stitution or correctional facility’’.

21 (f) LIMITATION ON PAYMENT OF COMPENSATION

22 AND DEPENDENCY AND INDEMNITY COMPENSATION.—

23 Section 5313 of such title is amended—
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1 (1) in subsection (a)(1), by striking ‘‘or local

2 penal institution’’ and inserting ‘‘local, or other

3 penal institution or correctional facility’’;

4 (2) in subsection (b)(3), by striking ‘‘or local

5 penal institution’’ and inserting ‘‘local, or other

6 penal institution or correctional facility’’; and

7 (3) in subsection (c), by striking ‘‘or local penal

8 institution’’ and inserting ‘‘local, or other penal in9 stitution or correctional facility’’.

10 (g) LIMITATION ON PAYMENT OF CLOTHING ALLOW11 ANCE.—Section 5313A of such title is amended by strik12 ing ‘‘or local penal institution’’ and inserting ‘‘local, or

13 other penal institution or correctional facility’’.

Passed the Senate August 3, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 2694

AN ACT

To amend title 38, United States Code, to remove

area of memorial affairs, and for other purposes.Affairs, to make certain improvements in theproceedings before the Department of Veteransclaimants for veterans benefits in administrativecertain limitations on attorney representation of