[Pages S8316-S8317]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5412. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title X, add the following:

     SEC. 1068. PILOT PROGRAMS ON TRAINING AND CERTIFICATION FOR 
                   FAMILY CAREGIVER PERSONAL CARE ATTENDANTS FOR 
                   VETERANS AND MEMBERS OF THE ARMED FORCES WITH 
                   TRAUMATIC BRAIN INJURY.

       (a) Pilot Programs Authorized.--The Secretary of Veterans 
     Affairs shall, in collaboration with the Secretary of 
     Defense, carry out up to three pilot programs to assess the 
     feasibility and advisability of providing training and 
     certification for family caregivers of veterans and members 
     of the Armed Forces with traumatic brain injury as personal 
     care attendants of such veterans and members.
       (b) Locations.--Each pilot program under this section shall 
     be carried out in a medical facility of the Department of 
     Veterans Affairs. In selecting the locations of the pilot 
     programs, the Secretary shall give special emphasis to the 
     polytrauma centers of the Department of Veterans Affairs 
     designated as Tier I polytrauma centers.
       (c) Training Curricula.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     develop curricula for the training of personal care 
     attendants under the pilot programs under this section. Such 
     curricula shall incorporate--
       (A) applicable standards and protocols utilized by 
     certification programs of national brain injury care 
     specialist organizations; and
       (B) best practices recognized by caregiving organizations.
       (2) Use of existing curricula.--In developing the curricula 
     required by paragraph (1), the Secretary of Veterans Affairs 
     shall, to the extent practicable, utilize and expand upon 
     training curricula developed pursuant to section 744(b) of 
     the John Warner National Defense Authorization Act for Fiscal 
     Year 2007 (Public Law 109-364; 120 Stat. 2308).
       (d) Participation in Programs.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     determine the eligibility of a family member of a veteran or 
     member of the Armed Forces for participation in the pilot 
     programs under this section.
       (2) Basis for determination.--A determination made under 
     paragraph (1) shall be based on the needs of the veteran or 
     member of the Armed Forces concerned, as determined by the 
     physician of such veteran or member.
       (e) Eligibility for Compensation.--A family caregiver of a 
     veteran or member of the Armed Forces who receives 
     certification as a personal care attendant under the pilot 
     programs under this section shall be eligible for 
     compensation from the Department of Veterans Affairs for care 
     provided to such veteran or member.
       (f) Costs of Training.--
       (1) Training of families of veterans.--Any costs of 
     training provided under the pilot programs under this section 
     for family members of veterans shall be borne by the 
     Secretary of Veterans Affairs.
       (2) Training of families of members of the armed forces.--
     The Secretary of Defense shall reimburse the Secretary of 
     Veterans Affairs for any costs of training provided under the 
     pilot programs for family members of members of the Armed 
     Forces. Amounts for such reimbursement shall be derived from 
     amounts available for Defense Health Program for the TRICARE 
     program.
       (g) Assessment of Family Caregiver Needs.--
       (1) In general.--The Secretary of Veterans Affairs may 
     provide to a family caregiver who receives training under a 
     pilot program under this section--

[[Page S8317]]

       (A) an assessment of their needs with respect to their role 
     as a family caregiver; and
       (B) a referral to services and support that--
       (i) are relevant to any needs identified in such 
     assessment; and
       (ii) are provided in the community where the family 
     caregiver resides, including such services and support 
     provided by community-based organizations, publicly-funded 
     programs, and the Department of Veterans Affairs.
       (2) Use of existing tools.--In developing and administering 
     an assessment under paragraph (1), the Secretary shall, to 
     the extent practicable, use and expand upon caregiver 
     assessment tools already developed and in use by the 
     Department.
       (h) Construction.--Nothing in this section shall be 
     construed to require or permit the Secretary of Veterans 
     Affairs to deny--
       (1) reimbursement for health care services provided to a 
     veteran with a brain injury to a personal care attendant who 
     is not a family member of such veteran; or
       (2) access to other services and benefits otherwise 
     available to veterans with a brain injury.
       (i) Family Caregiver Defined.--In this section, with 
     respect to member of the Armed Forces or a veteran with 
     traumatic brain injury, the term ``family caregiver'' means a 
     relative, partner, or friend of such member or veteran who is 
     providing care to such member or veteran for such traumatic 
     brain injury.
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