SEC. 2. FAMILY CAREGIVER PROGRAM. 
(a) PROGRAM.—Section 1717 of title 38, United 
States Code, is amended— 
(1) by redesignating subsections (b) and (c), as 
(c) and (d), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing new subsection (b): 
‘‘(b)(1)(A) As part of home health services provided 
for under this section, the Secretary, upon the joint re-
quest of a veteran described in subparagraph (C) and a 
family member of such veteran (or other individual des-
ignated by the veteran), shall furnish to an individual de-
scribed in subparagraph (B), advanced instruction and 
training and certification as a family caregiver. 
‘‘(B) An individual described in this subparagraph is 
a family member of a veteran described in subparagraph 
(C) (or other individual designated by such a veteran) who 
elects (in accordance with the agreement of the veteran) 
to provide personal care services to the veteran. 
‘‘(C) A veteran described in this paragraph is a vet-
eran who— 
‘‘(i) incurred serious wounds (including trau-
matic brain injury and psychological trauma or other 
mental disorder) on active duty during, or in train-
ing for, Operation Enduring Freedom or Operation 
Iraqi Freedom; and 
VerDate Nov 24 2008 
03:05 May 12, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2342.IH
H2342
wwoods2 on PRODPC68 with BILLS
‘‘(ii) is determined by the Secretary to need 
personal care services because of— 
‘‘(I) an inability to perform one or more 
activities of daily living; 
‘‘(II) a need for supervision or protection 
based on symptoms or residuals of neurological 
or other impairment or injury; or 
‘‘(III) such other criteria as the Secretary 
shall establish. 
‘‘(D) In the case of a veteran who lacks the capacity 
to make decisions necessary under this subsection, the 
Secretary shall establish procedures for a surrogate for the 
veteran to act on behalf of the veteran for purposes of 
this subsection. 
‘‘(2) The Secretary shall furnish to a family care-
giver, under criteria established by the Secretary, appro-
priate support services including— 
‘‘(A) direct technical support, information, and 
assistance to timely address routine, emergency, and 
specialized caregiving needs; 
‘‘(B) counseling and mental health services; 
‘‘(C) establishment and maintenance of a com-
prehensive interactive caregiver website addressing 
all aspects of the program; 
VerDate Nov 24 2008 
03:05 May 12, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2342.IH
H2342
wwoods2 on PRODPC68 with BILLS
‘‘(D) respite care of not less than 30 days an-
nually; 
‘‘(E) medical care under section 1781 of this 
title; and 
‘‘(F) a monthly family caregiver allowance. 
‘‘(3) In providing respite care referred to in para-
graph (3)(A)(iv), the Secretary shall provide such care 
through— 
‘‘(A) facilities of the Department that are ap-
propriate to the needs of the veteran; 
‘‘(B) contracts under section 1720B of this 
title; or 
‘‘(C) in the case of a veteran for whom, in the 
judgment of the individual certified as the veteran’s 
family caregiver, the needs of the veteran cannot be 
accommodated through care provided under sub-
paragraph (A) or (B), through other facilities or ar-
rangements selected in consultation with the vet-
eran’s family caregiver. 
‘‘(4) In providing for a monthly family caregiver al-
lowance to a family caregiver under paragraph (3)(A)(vi), 
the Secretary shall establish a schedule of allowances 
under which the Secretary shall seek to ensure, to the ex-
tent practicable, that the amount of the monthly allowance 
is not less than— 
VerDate Nov 24 2008 
03:05 May 12, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2342.IH
H2342
wwoods2 on PRODPC68 with BILLS
‘‘(A) the amount that the Secretary determines 
the Secretary would have paid to a commercial home 
health care agency to provide necessary personal 
care services for such veteran, if the veteran did not 
have a family caregiver to provide such services; or 
‘‘(B) if the Secretary does not have enough in-
formation to make the determination under subpara-
graph (A), the amount of the cost of such care at 
a location other than a commercial home health care 
agency, selected by the Secretary for such purpose, 
where such care is available, adjusted to reflect the 
pertinent local cost-of-living.’’. 
(b) PROVISION
OF HEALTH CARE
TO PERSONAL 
CARE ASSISTANTS.—Section 1781(a) of such title is 
amended— 
(1) by redesignating paragraphs (2) and (3) as 
(3) and (4), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) a family caregiver;’’. 
(c) DEFINITIONS.—Section 1701 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new paragraphs: 
‘‘(10) The term ‘family caregiver’ means an in-
dividual who— 
VerDate Nov 24 2008 
03:05 May 12, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2342.IH
H2342
wwoods2 on PRODPC68 with BILLS
‘‘(A) is a member of the family (including 
parents, spouses, children, siblings, stepfamily 
members, and extended family members) of a 
disabled veteran; 
‘‘(B) provides personal care services to 
such veteran for such disability; and 
‘‘(C) is certified as a family caregiver— 
‘‘(i) pursuant to the family caregiver 
instruction, training, and certification fur-
nished by the Secretary under section 
1717(b) of this title; or 
‘‘(ii) pursuant to such other qualifica-
tions as the Secretary may approve. 
‘‘(11) The term ‘personal care services’ means 
noninstitutional extended care, including homemaker 
and home health aid services.’’. 
(d) DEADLINE
FOR IMPLEMENTATION.—Not later 
than 9 months after the date of the enactment of this Act, 
the Secretary of Veterans Affairs shall implement sub-
section (b) of section 1717 of title 38, United States Code, 
as added by subsection (a), and paragraph (2) of section 
1781(a), as added by subsection (b). 
(e) REPORTS.— 
(1) REPORT ON IMPLEMENTATION.—Not later 
than 6 months after the date of the enactment of 
VerDate Nov 24 2008 
03:05 May 12, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2342.IH
H2342
wwoods2 on PRODPC68 with BILLS
this Act, the Secretary of Veterans Affairs shall sub-
mit to Congress a report containing the following: 
(A) The Secretary’s plan to carry out sub-
section (d). 
(B) A description of the consultations car-
ried out by the Secretary with organizations 
representing wounded veterans and their fami-
lies regarding such plan. 
(C) A description of any recommendation 
provided by any such organization that the Sec-
retary did not adopt and the reasons the Sec-
retary did not adopt such recommendation. 
(2) EVALUATION.—Not later than 2 years after 
the date on which the Secretary of Veterans Affairs 
implements the provisions of law referred to in sub-
section (d), the Secretary shall submit to Congress 
a comprehensive report containing the Secretary’s 
evaluation of such provisions of law. Such report 
shall include— 
(A) data on the number of veterans who 
receive assistance under subsection (b) of sec-
tion 1717 of title 38, United States Code, as 
added by subsection (a), resources expended to 
carry out such subsection (b), outcomes 
achieved, and measurable benefits; and 
VerDate Nov 24 2008 
03:05 May 12, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2342.IH
H2342
wwoods2 on PRODPC68 with BILLS