I 
111TH CONGRESS 
1ST SESSION H. R. 2138 
To provide grants to establish veteran’s treatment courts. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2009 
Mr. KENNEDY (for himself, Mr. SULLIVAN, Mr. HIGGINS, Ms. SCHAKOWSKY, 
Mr. MICHAUD, and Mr. BOREN) introduced the following bill; which was 
referred to the Committee on the Judiciary 
A BILL 
To provide grants to establish veteran’s treatment courts. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Services, Education, 
and Rehabilitation for Veterans Act’’ or the ‘‘SERV Act’’. 
SEC. 2. VETERAN’S TREATMENT COURTS. 
(a) DELEGATION.—The Director of the Office of Na-
tional Drug Control Policy (referred to in this Act as the 
‘‘Director’’) shall delegate the authority to administer the 
program and other such activities necessary to carry out 
this Act to the Department of Justice. 
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(b) GRANTS.—The Attorney General may make 
grants to States, State courts, local courts, units of local 
government, and Indian tribal governments acting directly 
or through agreements with other public or private enti-
ties, for the purpose of developing, implementing, or en-
hancing veteran’s treatment courts or expanding oper-
ational drug courts to serve veterans. 
(c) ELIGIBILITY.—Grants under this Act shall be 
made to veteran’s treatment courts and drug courts serv-
ing veterans that effectively integrate substance abuse 
treatment, mental health treatment, mandatory drug test-
ing, sanctions and incentives, and transitional services, in 
a judicially supervised court setting with jurisdiction over 
nonviolent, substance-abusing offenders that have served 
in the United States military. 
SEC. 3. GRANT AUTHORITY. 
The Attorney General may make grants to States, 
State courts, local courts, units of local government, and 
Indian tribal governments, acting directly or through 
agreements with other public or private entities, for pro-
grams that involve— 
(1) continuing judicial supervision over offend-
ers with substance abuse or mental health problems 
who are not violent offenders and have served in the 
United States military; and 
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(2) the integrated administration of other sanc-
tions and services, which shall include— 
(A) mandatory periodic testing for the use 
of controlled substances or other addictive sub-
stances during any period of supervised release 
or probation for each participant; 
(B) substance abuse and mental health 
treatment (such as treatment for depression 
and post-traumatic stress disorder) for each 
participant; 
(C) diversion, probation, or other super-
vised release involving the possibility of prosecu-
tion, confinement, or incarceration based on 
noncompliance with program requirements or 
failure to show satisfactory progress; and 
(D) programmatic, offender management, 
and aftercare services such as relapse preven-
tion, health care, education, vocational training, 
job placement, housing placement, and child 
care or other family support services for each 
participant who requires such services. 
SEC. 4. APPLICATIONS. 
(a) IN GENERAL.—To request a grant under this 
Act, a State, State court, local court, unit of local govern-
ment, or Indian tribal government shall submit an applica-
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tion to the Attorney General in such form and containing 
such information as the Attorney General may reasonably 
require. 
(b) APPLICATIONS.—In addition to any other require-
ments that may be specified by the Attorney General, an 
application for a grant under this Act shall— 
(1) include a long-term strategy and detailed 
implementation plan; 
(2) explain the applicant’s inability to fund the 
program adequately without Federal assistance; 
(3) certify that the Federal support provided 
will be used to supplement, and not supplant, State, 
Indian tribal, and local sources of funding that 
would otherwise be available; 
(4) identify related governmental or community 
initiatives which complement or will be coordinated 
with the proposal; 
(5) certify that there has been appropriate con-
sultation with all affected agencies, specifically the 
Department of Veterans Affairs and the Department 
of Health and Human Services, and that there will 
be appropriate coordination with all affected agen-
cies in the implementation of the program; 
(6) certify that participating offenders will be 
supervised by 1 or more designated judges with re-
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sponsibility for the veteran’s treatment court pro-
gram; 
(7) specify plans for obtaining necessary sup-
port and continuing the proposed program following 
the conclusion of Federal support; and 
(8) describe the methodology that will be used 
in evaluating the program. 
(c) CERTIFICATIONS.—Each such application shall 
contain the certification that the program for which the 
grant is requested shall meet each of the requirements of 
this Act. 
SEC. 5. FEDERAL SHARE. 
The Federal share of a grant made under this Act 
may not exceed 75 percent of the total costs of the pro-
gram described in the application submitted under section 
4 for the fiscal year for which the program receives assist-
ance under this Act, unless the Attorney General waives, 
wholly or in part, the requirement of a matching contribu-
tion under this section. In-kind contributions may con-
stitute a portion of the non-Federal share of a grant. 
SEC. 6. REPORTS AND EVALUATIONS. 
(a) REPORT TO ATTORNEY GENERAL AND THE DI-
RECTOR.—For each fiscal year, each recipient of a grant 
under this Act during that fiscal year shall submit to the 
Attorney General, the Director, and the Secretary for Vet-
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erans Affairs a report regarding the effectiveness of activi-
ties carried out using that grant. Each report shall include 
an evaluation in such form and containing such informa-
tion as the Attorney General may reasonably require. The 
Attorney General shall specify the dates on which such 
reports shall be submitted. 
(b) REPORT TO CONGRESS.—The Director, in con-
sultation with the Attorney General, shall submit a yearly 
report on the effectiveness on the activities carried out 
under this Act to the House and Senate Committees on 
the Judiciary and the House and Senate Committees on 
Veterans Affairs. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) VETERAN.—The term ‘‘veteran’’ means a 
person who served in the active military, naval, or 
air service, and who was discharged or released 
therefrom under conditions other than dishonorable. 
(2) VETERAN’S TREATMENT COURT.—The term 
‘‘veteran’s treatment court’’ means a program spe-
cifically for veterans that meets the drug court cri-
teria established by the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103– 
322). 
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(3) VIOLENT
OFFENDER.—The term ‘‘violent 
offender’’ means a person who— 
(A) is charged with or convicted of an of-
fense, during the course of which offense or 
conduct— 
(i) the person carried, possessed, or 
used a firearm or dangerous weapon; 
(ii) there occurred the death of or se-
rious bodily injury to any person; or 
(iii) there occurred the use of force 
against the person of another, without re-
gard to whether any of the circumstances 
described in clause (i) or (ii) is an element 
of the offense or conduct of which or for 
which the person is charged or convicted. 
(B) has 1 or more prior convictions for a 
felony crime of violence involving the use or at-
tempted use of force against a person with the 
intent to cause death or serious bodily harm. 
SEC. 8. ADMINISTRATION. 
(a) CONSULTATION.—The Attorney General shall 
consult with the Secretary of Veterans Affairs, the Sec-
retary of Health and Human Services, and any other ap-
propriate officials in carrying out this Act. 
(b) REGULATORY AUTHORITY.— 
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(1) IN GENERAL.—The Attorney General may 
issue regulations and guidelines necessary to carry 
out this Act. 
(2) PARTICIPATION
LIMITS.—In additional to 
the general authority provided under paragraph (1), 
the Attorney General shall— 
(A) issue regulations and guidelines to en-
sure that programs authorized in this Act do 
not permit participation by violent offenders; 
and 
(B) immediately suspend funding for any 
grant under this part, pending compliance, if 
the Attorney General finds that violent offend-
ers are participating in any program funded 
under this part. 
(c) GEOGRAPHIC
DISTRIBUTION.—The Attorney 
General shall ensure that, to the extent practicable, an eq-
uitable geographic distribution of grant awards is made 
under this Act. 
SEC. 9. TECHNICAL ASSISTANCE, TRAINING, AND EVALUA-
TION. 
(a) TECHNICAL ASSISTANCE AND TRAINING.—The 
Attorney General may provide technical assistance and 
training in furtherance of the purposes of this Act. 
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(b) EVALUATIONS.—The Attorney General may pro-
vide for evaluations in furtherance of the purposes of this 
Act. 
SEC. 10. FUNDING FOR THE NATIONAL DRUG COURT INSTI-
TUTE. 
(a) COMPREHENSIVE, NATIONAL
TRAINING
AND 
TECHNICAL ASSISTANCE FOR DRUG COURTS.—The Na-
tional Drug Court Institute in Alexandria, Virginia shall— 
(1) conduct national, comprehensive training 
programs for State and local communities for the 
purpose of improving the professional skills of drug 
court practitioners and enhancing the ability of 
State and local communities to expand drug courts 
to reach all addicted citizens in need of their re-
sources; and 
(2) provide national, comprehensive Technical 
Assistance to adult, juvenile and family dependency 
drug courts including a combination of information 
gathering, needs assessment, cultural proficiency, 
analysis, problem solving, action planning, referral 
and follow-up. 
(b) ANCILLARY
PROJECTS.—The National Drug 
Court Institute in Alexandria, Virginia shall complete an-
cillary programs designed to facilitate the expansion and 
improvement of drug courts nationwide including— 
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