I 

111TH CONGRESS 

1ST SESSION H. R. 2342 

To amend title 38, United States Code, to direct the Secretary of Veterans 

Affairs to establish a family caregiver program to furnish support services 

to family members certified as family caregivers who provide personal 

care services for certain disabled veterans, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2009 

Mr. MICHAUD introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to establish a family caregiver 

program to furnish support services to family members 

certified as family caregivers who provide personal care 

services for certain disabled veterans, 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. 

4 This Act may be cited as the ‘‘Wounded Warrior 

5 Project Family Caregiver Act of 2009’’. 


wwoods2 on PRODPC68 with BILLS
2 

•HR 2342 IH

1 SEC. 2. FAMILY CAREGIVER PROGRAM. 

2 (a) PROGRAM.—Section 1717 of title 38, United 

3 States Code, is amended— 

4 (1) by redesignating subsections (b) and (c), as 

5 (c) and (d), respectively; and 

6 (2) by inserting after subsection (a) the fol7 lowing new subsection (b): 

8 ‘‘(b)(1)(A) As part of home health services provided 

9 for under this section, the Secretary, upon the joint re10 quest of a veteran described in subparagraph (C) and a 

11 family member of such veteran (or other individual des12 ignated by the veteran), shall furnish to an individual de13 scribed in subparagraph (B), advanced instruction and 

14 training and certification as a family caregiver. 

15 ‘‘(B) An individual described in this subparagraph is 

16 a family member of a veteran described in subparagraph 

17 (C) (or other individual designated by such a veteran) who 

18 elects (in accordance with the agreement of the veteran) 

19 to provide personal care services to the veteran. 

20 ‘‘(C) A veteran described in this paragraph is a vet21 eran who— 

22 ‘‘(i) incurred serious wounds (including trau23 matic brain injury and psychological trauma or other 

24 mental disorder) on active duty during, or in train25 ing for, Operation Enduring Freedom or Operation 

26 Iraqi Freedom; and 


wwoods2 on PRODPC68 with BILLS
3 

•HR 2342 IH

1 ‘‘(ii) is determined by the Secretary to need 

2 personal care services because of— 

3 ‘‘(I) an inability to perform one or more 

4 activities of daily living; 

5 ‘‘(II) a need for supervision or protection 

6 based on symptoms or residuals of neurological 

7 or other impairment or injury; or 

8 ‘‘(III) such other criteria as the Secretary 

9 shall establish. 

10 ‘‘(D) In the case of a veteran who lacks the capacity 

11 to make decisions necessary under this subsection, the 

12 Secretary shall establish procedures for a surrogate for the 

13 veteran to act on behalf of the veteran for purposes of 

14 this subsection. 

15 ‘‘(2) The Secretary shall furnish to a family care16 giver, under criteria established by the Secretary, appro17 priate support services including— 

18 ‘‘(A) direct technical support, information, and 

19 assistance to timely address routine, emergency, and 

20 specialized caregiving needs; 

21 ‘‘(B) counseling and mental health services; 

22 ‘‘(C) establishment and maintenance of a com23 prehensive interactive caregiver website addressing 

24 all aspects of the program; 


wwoods2 on PRODPC68 with BILLS
4 

•HR 2342 IH

1 ‘‘(D) respite care of not less than 30 days an2 nually; 

3 ‘‘(E) medical care under section 1781 of this 

4 title; and 

5 ‘‘(F) a monthly family caregiver allowance. 

6 ‘‘(3) In providing respite care referred to in para7 graph (3)(A)(iv), the Secretary shall provide such care 

8 through— 

9 ‘‘(A) facilities of the Department that are ap10 propriate to the needs of the veteran; 

11 ‘‘(B) contracts under section 1720B of this 

12 title; or 

13 ‘‘(C) in the case of a veteran for whom, in the 

14 judgment of the individual certified as the veteran’s 

15 family caregiver, the needs of the veteran cannot be 

16 accommodated through care provided under sub17 paragraph (A) or (B), through other facilities or ar18 rangements selected in consultation with the vet19 eran’s family caregiver. 

20 ‘‘(4) In providing for a monthly family caregiver al21 lowance to a family caregiver under paragraph (3)(A)(vi), 

22 the Secretary shall establish a schedule of allowances 

23 under which the Secretary shall seek to ensure, to the ex24 tent practicable, that the amount of the monthly allowance 

25 is not less than— 


wwoods2 on PRODPC68 with BILLS
5 

•HR 2342 IH

1 ‘‘(A) the amount that the Secretary determines 

2 the Secretary would have paid to a commercial home 

3 health care agency to provide necessary personal 

4 care services for such veteran, if the veteran did not 

5 have a family caregiver to provide such services; or 

6 ‘‘(B) if the Secretary does not have enough in7 formation to make the determination under subpara8 graph (A), the amount of the cost of such care at 

9 a location other than a commercial home health care 

10 agency, selected by the Secretary for such purpose, 

11 where such care is available, adjusted to reflect the 

12 pertinent local cost-of-living.’’. 

13 (b) PROVISION OF HEALTH CARE TO PERSONAL

14 CARE ASSISTANTS.—Section 1781(a) of such title is 

15 amended— 

16 (1) by redesignating paragraphs (2) and (3) as 

17 (3) and (4), respectively; and 

18 (2) by inserting after paragraph (1) the fol19 lowing new paragraph: 

20 ‘‘(2) a family caregiver;’’. 

21 (c) DEFINITIONS.—Section 1701 of title 38, United 

22 States Code, is amended by adding at the end the fol23 lowing new paragraphs: 

24 ‘‘(10) The term ‘family caregiver’ means an in25 dividual who— 


wwoods2 on PRODPC68 with BILLS
6 

•HR 2342 IH

1 ‘‘(A) is a member of the family (including 

2 parents, spouses, children, siblings, stepfamily 

3 members, and extended family members) of a 

4 disabled veteran; 

5 ‘‘(B) provides personal care services to 

6 such veteran for such disability; and 

7 ‘‘(C) is certified as a family caregiver— 

8 ‘‘(i) pursuant to the family caregiver 

9 instruction, training, and certification fur10 nished by the Secretary under section 

11 1717(b) of this title; or 

12 ‘‘(ii) pursuant to such other qualifica13 tions as the Secretary may approve. 

14 ‘‘(11) The term ‘personal care services’ means 

15 noninstitutional extended care, including homemaker 

16 and home health aid services.’’. 

17 (d) DEADLINE FOR IMPLEMENTATION.—Not later 

18 than 9 months after the date of the enactment of this Act, 

19 the Secretary of Veterans Affairs shall implement sub20 section (b) of section 1717 of title 38, United States Code, 

21 as added by subsection (a), and paragraph (2) of section 

22 1781(a), as added by subsection (b). 

23 (e) REPORTS.— 

24 (1) REPORT ON IMPLEMENTATION.—Not later 

25 than 6 months after the date of the enactment of 


wwoods2 on PRODPC68 with BILLS
7 

•HR 2342 IH

1 this Act, the Secretary of Veterans Affairs shall sub2 mit to Congress a report containing the following: 

3 (A) The Secretary’s plan to carry out sub4 section (d). 

5 (B) A description of the consultations car6 ried out by the Secretary with organizations 

7 representing wounded veterans and their fami8 lies regarding such plan. 

9 (C) A description of any recommendation 

10 provided by any such organization that the Sec11 retary did not adopt and the reasons the Sec12 retary did not adopt such recommendation. 

13 (2) EVALUATION.—Not later than 2 years after 

14 the date on which the Secretary of Veterans Affairs 

15 implements the provisions of law referred to in sub16 section (d), the Secretary shall submit to Congress 

17 a comprehensive report containing the Secretary’s 

18 evaluation of such provisions of law. Such report 

19 shall include— 

20 (A) data on the number of veterans who 

21 receive assistance under subsection (b) of sec22 tion 1717 of title 38, United States Code, as 

23 added by subsection (a), resources expended to 

24 carry out such subsection (b), outcomes 

25 achieved, and measurable benefits; and 


wwoods2 on PRODPC68 with BILLS
8 

•HR 2342 IH

1 (B) legislative and other recommendations 

2 of the Secretary to improve the implementation 

3 of such subsection. 

Æ 


wwoods2 on PRODPC68 with BILLS