SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Appalachian Regional Commission
Reform Act''.

SEC. 2. FINDINGS.

    (a) Headquarters.--Congress finds that--
            (1) regional commissions, such as the Delta Regional
        Authority, the Denali Commission, and the Northern Border
        Regional Commission, are each headquartered in their respective
        region;
            (2) headquartering regional commissions within the region
        affected is a sensible approach to ensure that the commissions
        are housed in more affordable locations than the District of
        Columbia, thereby reducing administrative overhead and making
        the commissions closer and more accountable to the people the
        commissions were designed to serve;
            (3) the Appalachian Regional Commission (referred to in
        this Act as the ``Commission'') is not headquartered in
        Appalachia but in Washington, DC; and
            (4) the headquarters of the Commission should be relocated
        from the District of Columbia to a more affordable location in
        the Appalachian region so that it is closer and more
        accountable to the people the Commission was designed to serve.
    (b) Performance.--Congress finds that--
            (1) the Commission was created to help foster economic
        opportunity and close health and educational disparities in a
        geographic region of the United States beleaguered by
        persistent poverty and high unemployment;
            (2) the Commission remains the sole Federal agency focused
        singularly on economic revitalization in the Appalachian
        region;
            (3) in 1998, Congress charged the Commission with
        ``address[ing] the needs of severely and persistently
        distressed areas of the Appalachian region and focus[ing]
        special attention on the areas of greatest need'';
            (4) the Commission has long been criticized for its
        shortcomings in fulfilling this mission, including in--
                    (A) a 1999 study titled ``Mountain Money: Federal
                Tax Dollars Miss the Mark in Core Appalachia'' by Mark
                Ferenchik and Jill Ripenhoff for the Columbus Dispatch;
                and
                    (B) a 2008 book titled ``Uneven Ground: Appalachia
                Since 1945'' by Ronald D. Eller;
            (5) in 2004, the Office of Management and Budget noted the
        importance of the Commission ``[f]ocusing efforts on . . .
        targeting assistance to areas of distress'';
            (6) in 2017, Citizens Against Government Waste
        characterized the programming of the Commission as duplicative
        and called for drastic reductions in the budget of the
        Commission;
            (7) in 2017, the Office of Management and Budget, citing a
        Government Accountability Office study, concluded that the
        Commission should be abolished, and that conclusion was
        reflected in the fiscal year 2018 budget request submitted by
        the President;
            (8) these recent actions reflect a growing chorus that the
        Commission should be reformed; and
            (9) therefore, given the long-recognized shortcomings of
        the Commission, the long-standing criticism of the Commission,
        and the need to ensure its optimal performance, the time has
        arrived for the Commission to be reformed.
    (c) Persistent Poverty.--Congress finds that--
            (1) using 1960 data, the Commission (which was created in
        1965) concluded that there were 214 distressed counties in the
        Appalachian region;
            (2) in 2017, according to the Commission, there are 84
        distressed counties in the Appalachian region, reflecting the
        areas of most persistent poverty in the region; and
            (3) therefore, the Commission should be reformed to focus
        its attention on the areas of most persistent poverty in the
        region.
    (d) Area Development Funding for Distressed Counties.--Congress
finds that--
            (1) according to the study by the Columbus Dispatch
        referred to in subsection (b)(4)(A), of the 22,169 grants
        issued by the Commission from fiscal year 1966 through fiscal
        year 1998, none of the 5 counties that received the most
        Commission funding was considered distressed, and more than \1/
        4\ of all Commission spending during that period went to States
        with few, if any, distressed counties;
            (2) according to author Ronald D. Eller in 2014, ``[the
        Commission] policies have concentrated resources in a select
        few `growth centers' in the [Appalachian] region, expanding
        services to the poor and growing the mountain middle class, but
        doing little to alter conditions in the most rural distressed
        counties or to address systemic political or economic
        inequalities throughout Appalachia'';
            (3) until 1995, the Commission allocated up to 20 percent
        of its area development grants for use in distressed counties;
            (4) following instructions given to the Commission by the
        Committees on Appropriations of the Senate and the House of
        Representatives in 1995, this allocation was increased by the
        Commission to 30 percent;
            (5) section 7.5(c) of the Code of the Commission (as in
        effect on the date of enactment of this Act) reflects this 1995
        policy change and states that the Commission ``will allocate up
        to 30 percent of Commission area development funds for use in
        distressed counties'', even though, according to the
        Commission's public representations, economic conditions in
        distressed areas of the Appalachian region have not greatly
        improved since the 1960s;
            (6) given the persistent levels of poverty in the
        distressed counties in the Appalachian region, more area
        development funding and emphasis should be devoted to those
        counties; and
            (7) therefore, the allocation described in paragraph (3)
        should be increased to 60 percent.
    (e) Grant Expenditures.--Congress finds that--
            (1) section 14524(d) of title 40, United States Code,
        provides that ``not less than 50 percent of the amount of grant
        expenditures the Commission approves shall support activities
        or projects that benefit severely and persistently distressed
        counties and areas'';
            (2) given the persistent levels of poverty in the
        distressed counties in the Appalachian region, more grant
        expenditures and emphasis should be devoted to those counties;
        and
            (3) therefore, the 50 percent threshold in section 14524(d)
        of title 40, United States Code, should be increased to 60
        percent.

SEC. 3. MISSION OF THE APPALACHIAN REGIONAL COMMISSION.

    Section 14301 of title 40, United States Code, is amended by
striking subsection (a) and inserting the following:
    ``(a) Establishment and Mission.--
            ``(1) Establishment.--There is an Appalachian Regional
        Commission (referred to in this chapter as the `Commission').
            ``(2) Mission.--The mission of the Commission shall be to
        focus primarily on poverty reduction and economic development
        in areas in the Appalachian region with the most persistent
        poverty.''.

SEC. 4. HEADQUARTERS OF THE APPALACHIAN REGIONAL COMMISSION.

    (a) In General.--Section 14301 of title 40, United States Code, is
amended by adding at the end the following:
    ``(g) Headquarters.--The headquarters of the Commission shall be
located in the Appalachian region.''.
    (b) Implementation.--The Federal Cochairman of the Commission shall
take such actions as may be necessary to carry out the amendment made
by subsection (a).

SEC. 5. GRANT EXPENDITURES.

    Section 14524(d) of title 40, United States Code, is amended by
striking ``50 percent'' and inserting ``60 percent''.

SEC. 6. AREA DEVELOPMENT FUNDS FOR DISTRESSED COUNTIES.

    Section 14526(b) of title 40, United States Code, is amended--
            (1) by striking ``In program and'' and inserting the
        following:
            ``(1) In general.--In program and''; and
            (2) by adding at the end the following:
            ``(2) Area development funds.--
                    ``(A) In general.--Of the funds made available for
                each fiscal year for the Area Development Program of
                the Commission, the Commission shall allocate not less
                than 60 percent for projects in counties for which a
                distressed county designation is in effect under this
                section.
                    ``(B) Methodology.--The methodology for determining
                whether a county is designated as a distressed county
                under subsection (a)(1)(A) shall be the methodology in
                effect on the day before the date of enactment of the
                Appalachian Regional Commission Reform Act.
            ``(3) Report.--The Commission shall submit an annual report
        that describes the allocation of funds, in dollar amounts and
        percentage of total appropriations, for the Area Development
        Program to counties described in paragraph (2) to--
                    ``(A) the Speaker of the House of Representatives;
                    ``(B) the minority leader of the House of
                Representatives;
                    ``(C) the majority leader of the Senate;
                    ``(D) the minority leader of the Senate;
                    ``(E) the Committee on Appropriations of the House
                of Representatives;
                    ``(F) the Committee on Appropriations of the
                Senate;
                    ``(G) the Committee on Transportation and
                Infrastructure of the House of Representatives; and
                    ``(H) the Committee on Environment and Public Works
                of the Senate.''.

Summary: Appalachian Regional Commission Reform Act This bill declares that the mission of the Appalachian Regional Commission shall be to focus primarily on poverty reduction and economic development in areas in the Appalachian region with the most persistent poverty. The headquarters of the commission shall be located in that region. The bill increases from 50 to 60 the minimum amount of the grant expenditures approved by the commission that shall support activities or projects that benefit severely and persistently distressed counties and areas. The commission shall: (1) allocate at least 60 of the funds made available each fiscal year for its Area Development Program for projects in counties designated as distressed, and (2) submit an annual report on the allocation of program funds to such counties.


SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSES.

    (a) Short Title.--This Act may be cited as the ``Minority National
Security Scholarship Act of 2002''.
    (b) Findings.--The Congress makes the following findings:
            (1) The security of the United States will continue to
        depend on the ability of the United States to understand,
        shape, and react to political, economic, and social
        developments around the world.
            (2) Ethno-national conflicts continue to rage around the
        world, and such conflicts are often accompanied by the
        proliferation of weapons, human rights violations, economic and
        commercial decline, trafficking in women and children, the
        drafting of children into military service, and threats to
        American citizens and business interests.
            (3) International terrorist organizations like al-Qaeda
        have established footholds in a number of countries, including
        both allies and adversaries of the United States, and attempt
        to use such footholds as bases from which to launch terrorist
        attacks on the United States and American interests abroad.
            (4) The future national security and economic well-being of
        the United States will depend substantially on the ability of
        its citizens to understand, influence, and respond to ethno-
        national conflicts and the social and political factors that
        cause others to support international terrorist groups.
        American economic interests will also depend on the ability of
        U.S. citizens to communicate and compete by knowing the
        languages and cultures of other countries.
            (5) The Federal Government has an interest in ensuring that
        the employees of its departments and agencies with national
        security responsibilities are prepared to meet the challenges
        of this changing international environment.
            (6) The Federal Government also has an interest in taking
        actions to alleviate the problem of American undergraduate and
        graduate students being inadequately prepared to meet the
        challenges posed by increasing global interaction among
        nations.
            (7) American colleges and universities must place a new
        emphasis on improving the teaching of foreign languages, area
        studies, and other international fields, particularly of those
        far-flung regions and newly independent countries that have
        previously not been the focus of study in American institutions
        of higher learning, to help meet those challenges.
            (8) By virtue of their intimate understanding of foreign
        languages, cultures, and locations, members of minority groups
        have the potential to offer the Federal Government their
        insights into political, economic, and social developments
        abroad, and the Federal Government should take whatever steps
        are necessary to encourage members of minority groups to use
        their skills to promote United States national security by
        making a career in the foreign affairs, security, or
        intelligence agencies of the Federal Government. Furthermore,
        if the United States is to penetrate terrorist organizations
        like al-Qaeda or hostile adversaries of any kind in hopes of
        preventing future attacks on the United States or on American
        interests, the Federal Government must take full advantage of
        the diversity of the American citizenry.
    (c) Purposes.--The purposes of this Act are as follows:
            (1) To provide the necessary resources, accountability, and
        flexibility to meet the national security education needs of
        the United States.
            (2) To increase the quantity, diversity, and quality of the
        teaching and learning of subjects in the fields of foreign
        languages, area studies, and other international fields that
        are critical to the Nation's interest.
            (3) To produce an increased pool of applicants for work in
        the departments and agencies of the United States Government
        with responsibilities for issues affecting national security.
            (4) To expand, in conjunction with other Federal programs,
        the international experience, knowledge base, and perspectives
        on which the United States citizenry, Government employees, and
        leaders rely.
            (5) To provide enhanced opportunities for members of
        minority groups to serve their country and contribute to United
        States national security by contributing to the work of the
        foreign affairs, security, or intelligence agencies of the
        Federal Government.

SEC. 2. SCHOLARSHIP, FELLOWSHIP, AND GRANT PROGRAM.

    (a) Program Required.--The Secretary of Education shall establish a
program to--
            (1) award scholarships to minority undergraduate students
        who are United States citizens in order to enable such students
        to study, for at least one academic semester, in foreign
        countries that are critical countries (as determined under
        section 3(4)(A));
            (2) award fellowships to minority graduate students who--
                    (A) are United States citizens to enable such
                students to pursue education in the United States in
                the disciplines of foreign languages, area studies, and
                other international fields that are critical areas of
                those disciplines (as determined under section
                3(4)(B)); and
                    (B) pursuant to subsection (d), enter into an
                agreement to work for an agency or office of the
                Federal Government or in the field of education in the
                area of study for which the fellowship was awarded; and
            (3) award grants to institutions of higher education to
        enable such institutions to establish, operate, or improve
        programs in foreign languages, area studies, and other
        international fields that are critical areas of those
        disciplines (as determined under section 3(4)(C)) and that will
        primarily serve students who are members of minority groups.
    (b) Funding Allocations.--Of the amounts available to carry out the
programs under subsection (a) for any fiscal year, the Secretary of
Education shall have a goal of allocating--
            (1) \1/3\ of such amount for the awarding of scholarships
        pursuant to subsection (a)(1);
            (2) \1/3\ of such amount for the awarding of fellowships
        pursuant to subsection (a)(2); and
            (3) \1/3\ of such amount for the awarding of grants
        pursuant to subsection (a)(3).
    (c) Contract Authority.--The Secretary of Education may enter into
one or more contracts, with private national organizations having an
expertise in foreign languages, area studies, and other international
fields, for the awarding of the scholarships, fellowships, and grants
described in subsection (a) in accordance with the provisions of this
Act. The Secretary of Education may enter into such contracts without
regard to section 3709 of the Revised Statutes (41 U.S.C. 5) or any
other provision of law that requires the use of competitive procedures.
    (d) Service Agreement.--In awarding a scholarship or fellowship
under the program, the Secretary of Education or contract organization
referred to in subsection (c), as the case may be, shall require a
recipient of any fellowship, or of scholarships that provide assistance
for periods that aggregate 12 months or more, to enter into an
agreement that, in return for such assistance, the recipient--
            (1) will maintain satisfactory academic progress, as
        determined in accordance with regulations issued by the
        Secretary of Education, and agrees that failure to maintain
        such progress shall constitute grounds upon which the Secretary
        or contract organization referred to in subsection (c) may
        terminate such assistance;
            (2) will, upon completion of such recipient's baccalaureate
        degree or education under the program, as the case may be, and
        in accordance with regulations issued by the Secretary, work
        for the Federal Government or in the field of education in the
        area of study for which the scholarship or fellowship was
        awarded for a period specified by the Secretary, which period
        for the recipients of scholarships shall be no more than the
        same period for which scholarship assistance was provided and
        for the recipients of fellowships shall be not less than one
        and not more than three times the period for which the
        fellowship assistance was provided; and
            (3) if the recipient fails to meet either of the
        obligations set forth in paragraph (1) or (2), will reimburse
        the United States Government for the amount of the assistance
        provided the recipient under the program, together with
        interest at a rate determined in accordance with regulations
        issued by the Secretary.
    (e) Distribution of Assistance.--In selecting the recipients for
awards of scholarships, fellowships, or grants pursuant to this Act,
the Secretary of Education or a contract organization referred to in
subsection (c), as the case may be, shall take into consideration:
            (1) the extent to which the selections will result in there
        being an equitable geographic distribution of such
        scholarships, fellowships, or grants (as the case may be) among
        the various regions of the United States, and
            (2) the extent to which the distribution of scholarships
        and fellowships to individuals reflects the cultural, racial,
        and ethnic diversity of the minority population of the United
        States.
    (f) Merit Review.--The Secretary of Education shall award
scholarships, fellowships, and grants under the program based upon a
merit review process.

 SEC. 3. POLICY GUIDANCE.

    The Secretary of Education shall provide guidance regarding the
implementation of this Act by--
            (1) developing criteria for awarding scholarships,
        fellowships, and grants under this Act;
            (2) widely disseminating information regarding the
        activities assisted under this Act;
            (3) establishing qualifications for students desiring
        scholarships or fellowships, and institutions of higher
        education desiring grants, under this Act, including, in the
        case of students desiring a scholarship or fellowship, a
        requirement that the student have a demonstrated commitment to
        the study of the discipline for which the scholarship or
        fellowship is to be awarded;
            (4) making determinations regarding--
                    (A) which countries are not emphasized in other
                United States study abroad programs, such as countries
                in which few United States minority students are
                studying, and are, therefore, critical countries for
                the purposes of section 2(a)(1);
                    (B) which areas within the disciplines described in
                section 2(a)(2) are areas of study in which United
                States minority students are deficient in learning and
                are, therefore, critical areas within those disciplines
                for the purposes of that section;
                    (C) which areas within the disciplines described in
                section 2(a)(3) are areas in which United States
                minority students, educators, and Government employees
                are deficient in learning and in which insubstantial
numbers of United States institutions of higher education serving
primarily minority students provide training and are, therefore,
critical areas within those disciplines for the purposes of that
section; and
                    (D) how minority students desiring scholarships or
                fellowships can be encouraged to work for an agency or
                office of the Federal Government involved in national
                security affairs or national security policy upon
                completion of their education; and
            (5) review the administration of the program required under
        this Act.

SEC. 4. ADMINISTRATIVE PROVISIONS

    (a) Acceptance and Use of Gifts.--In order to conduct the program
required by this Act, the Secretary of Education may--
            (1) receive money and other property donated, bequeathed,
        or devised, without condition or restriction other than that it
        be used for the purpose of conducting the program required by
        this Act; and
            (2) may use, sell, or otherwise dispose of such property
        for that purpose.
    (b) Voluntary Services.--In order to conduct the program required
by this Act, the Secretary of Education may accept and use the services
of voluntary and noncompensated personnel.

 SEC. 5. ANNUAL REPORT.

    (a) Annual Report.--The Secretary of Education shall submit to the
President and to the Congress an annual report of the conduct of the
program required by this Act.
    (b) Contents of Report.--Each such report shall include the
following:
            (1) An analysis of the trends within language,
        international, and area studies, along with a survey of such
        areas as the Secretary determines are receiving inadequate
        attention.
            (2) An analysis of minority participation in language,
        international, and area studies.
            (3) The effect on those trends of activities under the
        program required by this Act.
            (4) An analysis of the assistance provided under the
        program for the previous fiscal year, to include the subject
        areas being addressed and the nature of the assistance
        provided.
            (5) An analysis of the performance of the individuals who
        received assistance under the program during the previous
        fiscal year, to include the degree to which assistance was
        terminated under the program and the extent to which individual
        recipients failed to meet their obligations under the program.
            (6) An analysis of the results of the program for the
        previous fiscal year, and cumulatively, to include, at a
        minimum--
                    (A) the percentage of individuals who have received
                assistance under the program who subsequently became
                employees of the United States Government;
                    (B) in the case of individuals who did not
                subsequently become employees of the United States
                Government, an analysis of the reasons why they did not
                become employees and an explanation as to what use, if
                any, was made of the assistance by those recipients;
                and
                    (C) the uses made of grants to educational
                institutions.
            (7) Any legislative changes recommended by the Secretary to
        facilitate the administration of the program or otherwise to
        enhance its objectives.
    (c) Submission of Initial Report.--The first report under this
section shall be submitted at the time the budget for fiscal year 2005
is submitted to Congress.

SEC. 6. GENERAL ACCOUNTING OFFICE AUDITS.

    The conduct of the program required by this Act may be audited by
the General Accounting Office under such rules and regulations as may
be prescribed by the Comptroller General of the United States.
Representatives of the General Accounting Office shall have access to
all books, accounts, records, reports, and files and all other papers,
things, or property of the Department of Education pertaining to such
activities and necessary to facilitate the audit.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There are authorized to be appropriated to
carry out this Act--
            (1) $10,000,000 for each of the fiscal years 2003 through
        2007; and
            (2) $12,000,000 for each fiscal year thereafter.
    (b) Carry-Over of Funds Permitted.--Funds appropriated pursuant to
subsection (a) are authorized to remain available until expended.

SEC. 8. DEFINITION OF ELIGIBLE MINORITY.

    For the purpose of this Act, the term ``minority'' means an
individual who is a member of any of the following groups:
            (1) American Indian or Alaska Native.
            (2) Asian (to include individuals of East Asian, South
        Asian, and Central Asian descent).
            (3) Arab.
            (4) African American.
            (5) Native Hawaiian or other Pacific Islander.
            (6) Hispanic or Latino.

Summary: Minority National Security Scholarship Act of 2002 - Directs the Secretary of Education to establish a program for awarding: (1) scholarships to minority American undergraduates to enable them to study, for at least one academic semester, in critical countries in which few minority students are studying. (2) fellowships to enable minority American graduate students to pursue education in the United States in the disciplines of foreign languages, area studies, and other international fields, and to enter into an agreement to work for a Federal agency or office in the field studied. And (3) grants to enable institutions of higher education to establish, operate, or improve programs in foreign languages, area studies, and other international fields in which minority students, educators, and Government employees are deficient in learning. Requires a recipient of any fellowship, or scholarship that provides assistance for periods that aggregate 12 months or more, to maintain satisfactory academic progress and to work for the Federal Government or in the field of education in the area of study for which the scholarship or fellowship was awarded for a period specified by the Secretary. Requires any recipient failing to meet those requirements to reimburse the United States for the amount of assistance provided under the program, with interest.

To make the diversity of the American people a resource to promote national security.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Full Faith in Veterans Act of
2008''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Men and women who serve in the Armed Forces make great
        sacrifices for the Nation and for freedom.
            (2) The Nation takes great pride in the integrity of
        members of the Armed Forces and places full faith and
        confidence in these men and women serving in the Armed Forces.
            (3) The Nation should extend such full faith to the
        integrity of those men and women when they make claims for
        disability compensation related to their service.
            (4) In the spirit of the Armed Forces' pledge never to
        leave a man behind, the Nation should never leave a veteran
        behind.
            (5) Military service is inherently dangerous and stressful
        whether during peacetime or during war.
            (6) Post-traumatic stress disorder (referred to in this
        section as ``PTSD'') is a debilitating mental health condition
        linked to military service that the Secretary of Veterans
        Affairs should make every effort to diagnose and effectively
        treat.
            (7) It is recognized in the medical community that PTSD can
        onset at anytime after a traumatic event, and the course of the
        disorder can contain periods of both relapse and remission.
            (8) Denial by the Secretary of Veterans Affairs of claims
        for disability compensation for PTSD due to incomplete military
        records does a disservice to those who have honorably served
        the country.
            (9) Military records that would validate such claims may
        have been lost due to no fault of the veteran.
            (10) Due to the dangerous and fast-paced environment in
        which the members of the Armed Forces operate, not every
        significant and possibly traumatic incident in the life and
        service of each member is chronicled accurately or completely.
            (11) Evaluations for disability compensation for PTSD often
        place veterans under the additional hardship of reliving
        traumatic events by describing them to unfamiliar medical
        professionals.
            (12) According to the Institute of Medicine and
        representatives of certain veterans' service organizations,
        evaluations for pension and disability compensation for PTSD
        are sometimes completed in as little as 20 minutes, despite
        recommendations of the mental health community that evaluations
        should take place over a period of one hour or more.
            (13) The Veterans' Disability Benefits Commission,
        established pursuant to title XV of the National Defense
        Authorization Act for Fiscal Year 2004, issued recommendations
        to improve the care, compensation, and treatment of veterans
        diagnosed with PTSD, including updating the schedule for rating
        disabilities under section 1155 of title 38, United States
        Code, establishing new criteria for the diagnosis and treatment
        of PTSD, and using a holistic approach to treat veterans with
        PTSD that incorporates treatment, compensation, and vocational
        assessment.

SEC. 3. STANDARD OF PROOF FOR SERVICE-CONNECTION OF POST-TRAUMATIC
              STRESS DISORDER.

    (a) Standard of Proof.--Section 1154 of title 38, United States
Code, is amended by adding at the end the following new subsection:
    ``(c) The Secretary shall accept as sufficient proof of service-
connection of post-traumatic stress disorder alleged to have been
incurred in or aggravated by service in the active military, naval, or
air service a diagnosis of post-traumatic stress disorder by a mental
health professional together with a written determination by the
professional that such disorder is related to the veteran's service, if
consistent with the circumstances, conditions, or hardships of such
service, notwithstanding the fact that there is no official record of
such incurrence or aggravation in such service, and, to that end, shall
resolve every reasonable doubt in favor of the veteran. Service-
connection of post-traumatic stress disorder may be rebutted by clear
and convincing evidence to the contrary. In the case of such a
rebuttal, the Secretary shall make all documents related to the
service-connection of the veteran's disability available to the
veteran.''.
    (b) Applicability.--Subsection (c) of section 1154 of title 38,
United States Code, shall apply with respect to any claim for
disability compensation under laws administered by the Secretary of
Veterans Affairs for which no final decision has been made before the
date of the enactment of this Act.

SEC. 4. IMPROVEMENT OF DEPARTMENT OF VETERANS AFFAIRS EVALUATIONS OF
              CLAIMS RELATING TO POST-TRAUMATIC STRESS DISORDER.

    (a) Certification and Training for Certain Employees.--
            (1) Certification program.--
                    (A) Certification required.--The Secretary of
                Veterans Affairs shall require covered employees to
                successfully complete a certification program
                established by the Secretary. Such program shall
                include a periodic recertification requirement.
                    (B) Covered employees.--For the purposes of this
                paragraph, a ``covered employee'' is an employee of the
                Department of Veterans Affairs who is responsible for
                rating disabilities, evaluating claims for disability
                compensation for post-traumatic stress disorder, or
                adjudicating disability compensation ratings.
                    (C) Program requirements.--The certification
                program under subparagraph (A) shall--
                            (i) provide specialized training on the
                        psychological and medical issues (including
                        comorbidities) that characterize individuals
                        with post-traumatic stress disorder and give
                        guidance on how to appropriately manage
                        commonly encountered problems in evaluating and
                        rating such disorder; and
                            (ii) incorporate the recommendations
                        contained in the Best Practice Manual for Post-
                        Traumatic Stress Disorder (PTSD) Compensation
                        and Pension Examinations issued by the National
                        Center for Post-Traumatic Stress Disorder of
                        the Department of Veterans Affairs.
                    (D) Review of requirements.--The Secretary shall
                regularly review and update the requirements for
                successfully completing the certification program under
                subparagraph (A) to take into consideration medical
                advances and to reflect lessons learned.
            (2) Training program.--The Secretary of Veterans Affairs
        shall provide training to support the certification program
        required under paragraph (1).
    (b) Audits of Examinations.--The Secretary of Veterans Affairs
shall conduct audits of the examinations conducted by employees of the
Department of Veterans Affairs of veterans who submit claims for
disability compensation for post-traumatic stress disorder to ensure
that such employees are taking sufficient time necessary to diagnose
and accurately rate the disorder.
    (c) Update of Schedule for Rating Disabilities.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall begin updating the schedule for rating
disabilities under section 1155 of title 38, United States Code. The
Secretary shall begin by updating the schedule with respect to post-
traumatic stress disorder, traumatic brain injury, and other mental
disorders. The Secretary shall complete such update not later than five
years after the date of the enactment of this Act.
    (d) New Criteria for Post-Traumatic Stress Disorder.--The Secretary
of Veterans Affairs shall implement the criteria of the Diagnostic and
Statistical Manual of Mental Disorders, 4th Edition, specific to post-
traumatic stress disorder and use such criteria for the purpose of
rating post-traumatic stress disorder pursuant to the schedule for
rating disabilities under section 1155 of title 38, United States Code.
    (e) Holistic Approach Required.--The Secretary of Veterans Affairs
shall implement a holistic approach for providing treatment for
veterans with post-traumatic stress disorder. Such approach shall
combine treatment for post-traumatic stress disorder, compensation, and
vocational assessment.
    (f) Treatment of Mental Health Records.--The Secretary of Veterans
Affairs shall require an employee of the Department of Veterans Affairs
who is responsible for adjudicating disability compensation ratings, in
developing evidence for a claim for disability compensation to take
into consideration the following:
            (1) In the case of a veteran who has visited a center for
        the provision of readjustment counseling and related mental
        health services under section 1712A of title 38, United States
        Code, any treatment records of the veteran from that center.
            (2) In the case of a veteran who has received mental health
        services from a mental health professional, any written opinion
        of that mental health professional submitted to the Department
        by the veteran.
    (g) Consideration of Certain Materials.--In carrying out
subsections (c), (d), and (e), the Secretary of Veterans Affairs shall
consider materials on post-traumatic stress disorder and mental health
provided by the National Center on Post-Traumatic Stress Disorder of
the Department of Veterans Affairs and the Institute of Medicine.
    (h) Employee.--For purposes of this section, the term ``employee of
the Department of Veterans Affairs'' includes an employee of any entity
with which the Secretary of Veterans Affairs has entered into a
contract for the provision of conducting examinations or rating
disabilities for purposes of determining the amount of disability
compensation to be provided to a veteran under laws administered by the
Secretary.

SEC. 5. REPORT TO CONGRESS.

    Not later than two years after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall submit to Congress a
report on the implementation of this Act and the amendments made by
this Act. Such report shall include any evidence of fraud or abuse
relating to any provision of this Act or amendment made by this Act.

Summary: Full Faith in Veterans Act of 2008 - Directs the Secretary of Veterans Affairs to accept as sufficient proof of service-connection of post-traumatic stress disorder (PTSD) alleged to have been incurred in or aggravated by active military service a diagnosis of PTSD by a mental health professional, together with a written determination that such disorder is related to the veteran's service, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding that there is no official record of such incurrence or aggravation during such service. Requires the Secretary to resolve every reasonable doubt in favor of the veteran. Allows PTSD service-connection to be rebutted by clear and convincing evidence. Directs the Secretary to require Department of Veterans Affairs (VA) employees responsible for rating disabilities, evaluating claims for disability compensation for PTSD, or adjudicating disability compensation ratings to complete a certification program established by the Secretary. Requires the Secretary to: (1) conduct audits of examinations of veterans who submit claims for disability compensation for PTSD. (2) update the schedule for rating disabilities with respect to PTSD, traumatic brain injury, and other mental disorders, (3) implement new PTSD criteria, (4) implement a holistic treatment approach for veterans with PTSD. And (5) require VA employees responsible for adjudicating disability compensation ratings to take into consideration veterans' treatment records from readjustment counseling centers and written opinions of mental health professionals.

To amend title 38, United States Code, to improve the disability compensation evaluation procedure of the Secretary of Veterans Affairs for veterans with post-traumatic stress disorder, to improve the diagnosis and treatment of post-traumatic stress disorder by the Secretary of Veterans Affairs, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Rental Housing Act of 2003''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) There is a pressing and increasing need for rental
        housing for rural families and senior citizens, as evidenced by
        the fact that--
                    (A) two-thirds of extremely low-income and very
                low-income rural households do not have access to
                affordable rental housing units;
                    (B) more than 900,000 rural rental households (10.4
                percent) live in either severely or moderately
                inadequate housing; and
                    (C) substandard housing is a problem for 547,000
                rural renters, and approximately 165,000 rural rental
                units are overcrowded.
            (2) Many rural United States households live with serious
        housing problems, including a lack of basic water and
        wastewater services, structural insufficiencies, and
        overcrowding, as shown by the fact that--
                    (A) 28 percent, or 10,400,000, rural households in
                the United States live with some kind of serious
                housing problem;
                    (B) approximately 1,000,000 rural renters have
                multiple housing problems; and
                    (C) an estimated 2,600,000 rural households live in
                substandard housing with severe structural damage or
                without indoor plumbing, heat, or electricity.
            (3) In rural America--
                    (A) one-third of all renters pay more than 30
                percent of their income for housing;
                    (B) 20 percent of rural renters pay more than 50
                percent of their income for housing; and
                    (C) 92 percent of all rural renters with
                significant housing problems pay more than 50 percent
                of their income for housing costs, and 60 percent pay
                more than 70 percent of their income for housing.
            (4) Rural economies are often less diverse, and therefore,
        jobs and economic opportunity are limited because--
                    (A) factors that exist in rural environments, such
                as remoteness and low population density, lead to
                limited access to many forces driving the economy, such
                as technology, lending, and investment; and
                    (B) local expertise is often limited in rural areas
                where the economies are focused on farming or natural
                resource-based industries.
            (5) Rural areas have less access to credit than
        metropolitan areas since--
                    (A) banks and other investors that look for larger
                projects with lower risk seek metropolitan areas for
                loans and investment;
                    (B) credit that is available is often insufficient,
                leading to the need for interim or bridge financing;
                and
                    (C) credit in rural areas is often more expensive
                and available at less favorable terms than in
                metropolitan areas.
            (6) The Federal Government investment in rural rental
        housing has dropped during the last 10 years, as evidenced by
        the fact that--
                    (A) Federal spending for rural rental housing has
                been cut by 73 percent since 1994; and
                    (B) rural rental housing unit production financed
                by the Federal Government has been reduced by 88
                percent since 1990.
            (7) To address the scarcity of rural rental housing, the
        Federal Government must work in partnership with State and
        local governments, private financial institutions, private
        philanthropic institutions, and the private sector, including
        nonprofit organizations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Eligible project.--The term ``eligible project'' means
        a project for the acquisition, rehabilitation, or construction
        of rental housing and related facilities in an eligible rural
        area for occupancy by low-income families.
            (2) Eligible rural area.--The term ``eligible rural area''
        means a rural area with a population of not more than 25,000,
        as determined by the most recent decennial census of the United
        States, and that is located outside an urbanized area.
            (3) Eligible sponsor.--The term ``eligible sponsor'' means
        a public agency, an Indian tribe, a for-profit corporation, or
        a private nonprofit corporation--
                    (A) a purpose of which is planning, developing, or
                managing housing or community development projects in
                rural areas; and
                    (B) that has a record of accomplishment in housing
                or community development and meets other criteria
                established by the Secretary by regulation.
            (4) Low-income families.--The term ``low-income families''
        has the meaning given the term in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (5) Qualified intermediary.--The term ``qualified
        intermediary'' means a State, a State agency designated by the
        Governor of the State, a public instrumentality of the State, a
        private nonprofit community development corporation, a
        nonprofit housing corporation, a community development loan
        fund, or a community development credit union, that--
                    (A) has a record of providing technical and
                financial assistance for housing and community
                development activities in rural areas; and
                    (B) has a demonstrated technical and financial
                capacity to administer assistance made available under
                this Act.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (7) State.--The term ``State'' means each of the several
        States of the United States, the Commonwealth of Puerto Rico,
        the District of Columbia, the Commonwealth of the Northern
        Mariana Islands, Guam, the Virgin Islands, American Samoa, the
        Trust Territories of the Pacific, and any other possession of
        the United States.

SEC. 4. RURAL RENTAL HOUSING ASSISTANCE.

    (a) In General.--The Secretary may, directly or through 1 or more
qualified intermediaries in accordance with section 5, make assistance
available to eligible sponsors in the form of loans, grants, interest
subsidies, annuities, and other forms of financing assistance, to
finance the eligible projects.
    (b) Applications.--
            (1) In general.--To be eligible to receive assistance under
        this section, an eligible sponsor shall submit to the
        Secretary, or a qualified intermediary, an application in such
        form and containing such information as the Secretary shall
        require by regulation.
            (2) Affordability restriction.--Each application under this
        subsection shall include a certification by the applicant that
        the housing to be acquired, rehabilitated, or constructed with
        assistance under this section will remain affordable for low-
        income families for not less than 30 years.
    (c) Priority for Assistance.--In selecting among applicants for
assistance under this section, the Secretary, or a qualified
intermediary, shall give priority to providing assistance to eligible
projects--
            (1) for very low-income families (as defined in section
        3(b) of the United States Housing Act of 1937 (42 U.S.C.
        1437a(b)); and
            (2) in low-income communities or in communities with a
        severe lack of affordable rental housing, in eligible rural
        areas, as determined by the Secretary; or
            (3) if the applications are submitted by public agencies,
        Indian tribes, private nonprofit corporations or limited
        dividend corporations in which the general partner is a non-
        profit entity whose principal purposes include planning,
        developing and managing low-income housing and community
        development projects.
    (d) Allocation of Assistance.--
            (1) In general.--In carrying out this section, the
        Secretary shall allocate assistance among the States, taking
        into account the incidence of rural substandard housing and
        rural poverty in each State and the share of that State of the
        national total of such incidence.
            (2) Small state minimum.--In making an allocation under
        paragraph (1), the Secretary shall provide each state an amount
        not less than $2,000,000.
    (e) Limitations on Amount of Assistance.--
            (1) In general.--Except as provided in paragraph (2),
        assistance made available under this Act may not exceed 50
        percent of the total cost of the eligible project.
            (2) Exception.--Assistance authorized under this Act shall
        not exceed 75 percent of the total cost of the eligible
        project, if the project is for the acquisition, rehabilitation,
        or construction of not more than 20 rental housing units for
        use by very low-income families.

SEC. 5. DELEGATION OF AUTHORITY.

    (a) In General.--The Secretary may delegate authority for
distribution of assistance--
            (1) to one or more qualified intermediaries in the State;
        and
            (2) for a period of not more than 3 years, at which time
        that delegation of authority shall be subject to renewal, in
        the discretion of the Secretary, for 1 or more additional
        periods of not more than 3 years.
    (b) Solicitation.--
            (1) In general.--The Secretary may, in the discretion of
        the Secretary, solicit applications from qualified
        intermediaries for a delegation of authority under this
        section.
            (2) Contents of application.--Each application under this
        subsection shall include--
                    (A) a certification that the applicant will--
                            (i) provide matching funds from sources
                        other than this Act in an amount that is not
                        less than the amount of assistance provided to
                        the applicant under this section; and
                            (ii) distribute assistance to eligible
                        sponsors in the State in accordance with
                        section 4; and
                    (B) a description of--
                            (i) the State or the area within a State to
                        be served;
                            (ii) the incidence of poverty and
                        substandard housing in the State or area to be
                        served;
                            (iii) the technical and financial
                        qualifications of the applicant; and
                            (iv) the assistance sought and a proposed
                        plan for the distribution of such assistance in
                        accordance with section 4.
            (3) Multistate applications.--The Secretary may, in the
        discretion of the Secretary, seek application by qualified
        intermediaries for more than 1 State.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act
$250,000,000 for each of fiscal years 2004 through 2008.

Summary: Rural Rental Housing Act of 2003 - Authorizes the Secretary of Agriculture to provide rural rental assistance, with applicant priority given to very low-income families, low-income communities, rural areas, and communities with severe lack of affordable rental housing.

To promote the development of affordable, quality rental housing in rural areas for low-income households.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Financial Literacy and
Economic Opportunity Act of 2015''.

SEC. 2. TAX CREDIT FOR PROVIDING PROGRAMS FOR STUDENTS THAT PROMOTE
              ECONOMIC AND FINANCIAL LITERACY.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:

``SEC. 45S. EXCELLENCE IN ECONOMIC EDUCATION.

    ``(a) General Rule.--In the case of an eligible for profit
organization, for purposes of section 38, the excellence in economic
education credit determined under this section for a taxable year is 50
percent of the amount paid or incurred during the taxable year to carry
out the purposes specified in section 5533(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7267b(b)) pursuant to a
qualified program.
    ``(b) Limitation on Number of Credit Recipients.--
            ``(1) In general.--The excellence in economic education
        credit determined under this section for a taxable year may be
        allowed to not more than 20 for profit organizations in
        accordance with paragraph (2).
            ``(2) Credit award by secretary.--
                    ``(A) In general.--The Secretary (in consultation
                with the Secretary of Education) shall determine which
                for profit organizations are allowed the credit under
                this section for a taxable year in such manner as the
                Secretary determines appropriate.
                    ``(B) Majority of recipients must be mwosbs, owned
                by veterans, or meet asset test.--In carrying out
                subparagraph (A), the majority of the taxpayers allowed
                a credit under paragraph (1) for a taxable year shall
                be entities that are--
                            ``(i) either--
                                    ``(I) a socially and economically
                                disadvantaged small business concern
                                (as defined in section 8(a)(4)(A) of
                                the Small Business Act (15 U.S.C.
                                637(a)(4)(A))),
                                    ``(II) a small business concern
                                owned and controlled by women (as
                                defined under section 3(n) of such Act
                                (15 U.S.C. 632(n))), or
                                    ``(III) a small business concern
                                (as so defined) that is at least 51
                                percent owned by veterans (as defined
                                in section 101(2), United States Code),
                                or
                            ``(ii) on the first day of the taxable year
                        do not have more than $60,000,000,000 in
                        assets.
                    ``(C) Priority.--In making determinations under
                this paragraph, the Secretary shall give priority to
                taxpayers that have qualified programs which serve
                either urban or rural underserved areas (determined on
                the basis of the most recent United States census data
                available).
    ``(c) Limitations Relating to Expenditures.--
            ``(1) Direct activity.--25 percent of the amount allowed as
        a credit under subsection (a) shall be for amounts paid or
        incurred for direct activities (as defined in section
        5533(b)(1) of the Elementary and Secondary Education Act of
        1965 (20 U.S.C. 7267b(b)(1))).
            ``(2) Subgrants.--75 percent of the amount allowed as a
        credit under subsection (a) shall be for amounts paid or
        incurred for subgrants (as defined in section 5533(b)(2) of the
        Elementary and Secondary Education Act of 1965 (20 U.S.C.
        7267b(b)(1))), determined by treating amounts so paid or
        incurred as funds made available through a grant.
    ``(d) Definitions and Special Rules.--For purposes of this
section--
            ``(1) Qualified program.--The term `qualified program'
        means a program in writing under which an eligible for profit
        organization awards one or more grants for the purpose of
        carrying out the objectives of promoting economic and financial
        literacy, as specified in section 5532 of the Elementary and
        Secondary Education Act of 1965 (20 U.S.C. 7267a), that meet
        the requirements of section 5533b of the Elementary and
        Secondary Education Act of 1965 (20 U.S.C. 7267b).
            ``(2) Eligible for profit organization.--The term `eligible
        for profit organization' means with respect to a taxable year,
        an organization that--
                    ``(A) has a qualified program in effect for the
                taxable year, and
                    ``(B) has been determined by the Secretary under
                subsection (b)(2) to be an organization to whom the
                credit is allowed for the taxable year.
            ``(3) Determination of assets.--For purposes of paragraph
        (2)(B), in determining assets, the Secretary shall use the same
        method used by the Board of Governors of the Federal Reserve
        System to determine a bank holding company's consolidated
        assets under section 165 of the Financial Stability Act of 2010
        (12 U.S.C. 5365).
            ``(4) Election not to claim credit.--This section shall not
        apply to a taxpayer for any taxable year if such taxpayer
        elects to have this section not apply for such taxable year.
            ``(5) Coordination with other deductions or credits.--The
        amount of any deduction or credit otherwise allowable under
        this chapter for any amount taken into account for purposes of
        subsection (a) shall be reduced by the credit allowed by this
        section.
    ``(e) Regulations.--The Secretary shall issue such regulations or
other guidance as may be necessary or appropriate to carry out this
section.''.
    (b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (35), by striking the period at the
end of paragraph (36) and inserting ``, plus'', and by adding at the
end the following new paragraph:
            ``(37) the excellence in economic education credit
        determined under section 45S(a).''.
    (c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:

``Sec. 45S. Excellence in economic education.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Summary: Promoting Financial Literacy and Economic Opportunity Act of 2015 This bill amends the Internal Revenue Code to allow up to 20 for-profit organizations in any taxable year a business-related tax credit for 50 of the amount paid or incurred to carry out activities to improve the quality of student understanding of personal finance and economics. The Department of the Treasury shall determine which for-profit organizations are eligible for the credit, ensuring that a majority of credit recipients are: (1) either a socially and economically disadvantaged small business concern, a small business concern owned and controlled by women, or a small business concern that is at least 51 owned by veterans, or (2) do not have more than $60 billion in assets. In determining the eligibility of a for-profit organization, Treasury shall give priority to organizations that have programs serving either urban or rural underserved areas.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans' Health Care Policy
Enhancement Act of 2008''.

SEC. 2. PROHIBITION ON COLLECTION OF CERTAIN COPAYMENTS FROM VETERANS
              WHO ARE CATASTROPHICALLY DISABLED.

    (a) Prohibition on Collection of Copayments and Other Fees for
Hospital or Nursing Home Care.--Section 1710 of title 38, United States
Code, is amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following new
        subsection (h):
    ``(h) Notwithstanding any other provision of this section, a
veteran who is catastrophically disabled shall not be required to make
any payment otherwise required under subsection (f) or (g) for the
receipt of hospital care or nursing home care under this section.''.
    (b) Effective Date.--Subsection (h) of section 1710 of title 38,
United States Code, as added by subsection (a), shall apply with
respect to hospital care or nursing home care provided after the date
of the enactment of this Act.

SEC. 3. EXPANSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO
              PROVIDE COUNSELING FOR FAMILY MEMBERS OF VETERANS
              RECEIVING NONSERVICE-CONNECTED TREATMENT.

    Section 1782(b) of title 38, United States Code, is amended by
striking ``if--'' and all that follows and inserting a period.

SEC. 4. COMPREHENSIVE POLICY ON PAIN MANAGEMENT.

    (a) Comprehensive Policy Required.--Not later than October 1, 2008,
the Secretary of Veterans Affairs shall develop and implement a
comprehensive policy on the management of pain experienced by veterans
enrolled for health care services provided by the Department of
Veterans Affairs.
    (b) Scope of Policy.--The policy required by subsection (a) shall
cover each of the following:
            (1) The systemwide management of acute and chronic pain
        experienced by veterans.
            (2) The standard of care for pain management to be used
        throughout the Department.
            (3) The consistent application of pain assessments to be
        used throughout the Department.
            (4) The assurance of prompt and appropriate pain care
        treatment and management by the Department, systemwide, when
        medically necessary.
            (5) The Department's program of research related to acute
        and chronic pain suffered by veterans, including pain
        attributable to central and peripheral nervous system damage
        characteristic of injuries incurred in modern warfare.
            (6) The Department's program of pain care education and
        training for health care personnel of the Department.
            (7) The Department's program of patient education for
        veterans suffering from acute or chronic pain and their
        families.
    (c) Updates.--The Secretary shall revise the policy developed under
subsection (a) on a periodic basis in accordance with experience and
evolving best practice guidelines.
    (d) Consultation.--The Secretary shall develop the policy developed
under subsection (a), and revise such policy under subsection (c), in
consultation with veterans service organizations and organizations with
expertise in the assessment, diagnosis, treatment, and management of
pain.
    (e) Annual Report.--
            (1) In general.--Not later than 180 days after the date of
        the completion and initial implementation of the policy under
        subsection (a) and on October 1 of every fiscal year thereafter
        through fiscal year 2018, the Secretary shall submit to the
        Committee on Veterans' Affairs of the Senate and the Committee
        on Veterans' Affairs of the House of Representatives a report
        on the implementation of the policy developed under subsection
        (a).
            (2) Contents.--The report required by paragraph (1) shall
        include the following:
                    (A) A description of the policy developed and
                implemented under subsection (a) and any revisions to
                such policy under subsection (c).
                    (B) A description of the performance measures used
                to determine the effectiveness of such policy in
                improving pain care for veterans systemwide.
                    (C) An assessment of the adequacy of the
                Department's pain management services based on a survey
                of patients managed in Department clinics.
                    (D) An assessment of the Department's research
                programs relevant to the treatment of the types of
                acute and chronic pain suffered by veterans.
                    (E) An assessment of the training provided to
                Department health care personnel with respect to the
                diagnosis, treatment, and management of acute and
                chronic pain.
                    (F) An assessment of the Department's pain care-
                related patient education programs.
    (f) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary for the representation of veterans under
section 5902 of title 38, United States Code.

SEC. 5. ESTABLISHMENT OF CONSOLIDATED PATIENT ACCOUNTING CENTERS.

    (a) Establishment of Centers.--Chapter 17 of title 38, United
States Code, is amended by inserting after section 1729A the following:
``Sec. 1729B. Consolidated patient accounting centers
    ``(a) In General.--Not later than 5 years after the date of
enactment of this section, the Secretary of Veterans Affairs shall
establish not more than seven consolidated patient accounting centers
for conducting industry-modeled regionalized billing and collection
activities of the Department.
    ``(b) Functions.--The centers shall carry out the following
functions:
            ``(1) Reengineer and integrate all business processes of
        the revenue cycle of the Department.
            ``(2) Standardize and coordinate all activities of the
        Department related to the revenue cycle for all health care
        services furnished to veterans for nonservice-connected medical
        conditions.
            ``(3) Apply commercial industry standards for measures of
        access, timeliness, and performance metrics with respect to
        revenue enhancement of the Department.
            ``(4) Apply other requirements with respect to such revenue
        cycle improvement as the Secretary may specify.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1729A the following:

``1729B. Consolidated patient accounting centers.''.

SEC. 6. SIMPLIFYING AND UPDATING NATIONAL STANDARDS TO ENCOURAGE
              TESTING OF THE HUMAN IMMUNODEFICIENCY VIRUS.

    Section 124 of the Veterans' Benefits and Services Act of 1988 (38
U.S.C. 7333 note; 102 Stat. 505) and

the item relating to such section in the table of contents of such Act
(102 Stat. 487) are repealed.

            Passed the House of Representatives July 30, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Veterans' Health Care Policy Enhancement Act of 2008 - Prohibits the collection by the Department of Veterans Affairs (VA) of copayments or other fees for hospital or nursing home care in the case of catastrophically disabled veterans. Repeals a current requirement that, in order for a family member of a non-service-connected disabled veteran to be eligible for counseling services, the counseling must be essential to permit the discharge of the veteran from the hospital. Directs the Secretary of Veterans Affairs to: (1) develop and implement a comprehensive policy on the management of pain experienced by veterans enrolled for VA health care services, (2) periodically revise the policy. And (3) report annually through FY2018 to the congressional veterans' committees on policy implementation. Requires the Secretary, within five years after the enactment of this Act, to establish up to seven consolidated patient accounting centers for conducting industry-modeled regionalized VA billing and collection activities. Repeals a provision of the Veterans' Benefits and Services Act of 1988 requiring written informed consent for HIV testing among veterans.

To amend title 38, United States Code, to prohibit the Secretary of Veterans Affairs from collecting certain copayments from veterans who are catastrophically disabled, and for other purposes.


SECTION 1. SHORT TITLE.

    This title may be cited as the ``Habeas Corpus Revision Act of
1994''.

SEC. 2. STATUTE OF LIMITATIONS.

    Section 2254 of title 28, United States Code, is amended by adding
at the end the following:
    ``(g)(1) In the case of an applicant under sentence of death, any
application for habeas corpus relief under this section must be filed
in the appropriate district court not later than 1 year after--
            ``(A) the date of denial of a writ of certiorari, if a
        petition for a writ of certiorari to the highest court of the
        State on direct appeal or unitary review of the conviction and
        sentence is filed, within the time limits established by law,
        in the Supreme Court;
            ``(B) the date of issuance of the mandate of the highest
        court of the State on direct appeal or unitary review of the
        conviction and sentence, if a petition for a writ of certiorari
        is not filed, within the time limits established by law, in the
        Supreme Court; or
            ``(C) the date of issuance of the mandate of the Supreme
        Court, if on a petition for a writ of certiorari the Supreme
        Court grants the writ and disposes of the case in a manner that
        leaves the capital sentence undisturbed.
    ``(2) The time requirements established by this section shall be
tolled--
            ``(A) during any period in which the State has failed to
        provide counsel as required in section 2257 of this chapter;
            ``(B) during the period from the date the applicant files
        an application for State postconviction relief until final
        disposition of the application by the State appellate courts,
        if all filing deadlines are met; and
            ``(C) during an additional period not to exceed 90 days, if
        counsel moves for an extension in the district court that would
        have jurisdiction of a habeas corpus application and makes a
        showing of good cause.''.

SEC. 3. STAYS OF EXECUTION IN CAPITAL CASES.

    Section 2251 of title 28, United States Code, is amended--
            (1) by inserting ``(a)(1)'' before the first paragraph;
            (2) by inserting ``(2)'' before the second paragraph; and
            (3) by adding at the end the following:
    ``(b) In the case of an individual under sentence of death, a
warrant or order setting an execution shall be stayed upon application
to any court that would have jurisdiction over an application for
habeas corpus under this chapter. The stay shall be contingent upon
reasonable diligence by the individual in pursuing relief with respect
to such sentence and shall expire if--
            ``(1) the individual fails to apply for relief under this
        chapter within the time requirements established by section
        2254(g) of this chapter;
            ``(2) upon completion of district court and court of
        appeals review under section 2254 of this chapter, the
        application is denied and--
                    ``(A) the time for filing a petition for a writ of
                certiorari expires before a petition is filed;
                    ``(B) a timely petition for a writ of certiorari is
                filed and the Supreme Court denies the petition; or
                    ``(C) a timely petition for certiorari is filed
                and, upon consideration of the case, the Supreme Court
                disposes of it in a manner that leaves the capital
                sentence undisturbed; or
            ``(3) before a court of competent jurisdiction, in the
        presence of counsel qualified under section 2257 of this
        chapter and after being advised of the consequences of the
        decision, an individual waives the right to pursue relief under
        this chapter.''.

SEC. 4. LAW APPLICABLE.

    (a) In General.--Chapter 153 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2256. Law applicable
    ``(a) Except as provided in subsection (b), in an action under this
chapter, the court shall not apply a new rule.
    ``(b) A court shall apply a new rule, if the new rule--
            ``(1) places the claimant's conduct beyond the power of the
        criminal law-making authority to proscribe or punish with the
        sanction imposed; or
            ``(2) requires the observance of procedures without which
        the likelihood of an accurate conviction or valid capital
        sentence is seriously diminished.
    ``(c) As used in this section, the term `new rule' means a clear
break from precedent, announced by the Supreme Court of the United
States, that could not reasonably have been anticipated at the time the
claimant's sentence became final in State court. A rule is not `new'
merely because it was not dictated or compelled by the precedents
existing at that time or because, at that time, it was susceptible to
debate among reasonable minds.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 153 of title 28, United States Code, is amended by adding at
the end the following:

``2256. Law applicable.''.

SEC. 5. COUNSEL IN CAPITAL CASES; STATE COURT.

    (a) In General.--Chapter 153 of title 28, United States Code, is
amended by adding after the provision added by section 804 of this
subtitle the following:
``Sec. 2257. Counsel in capital cases; State court
    ``(a) Notwithstanding section 2254(d) of this chapter, the court in
an action under this chapter shall neither presume a finding of fact
made in a State court proceeding specified in subsection (b)(1) of this
section to be correct nor decline to consider a claim on the ground
that it was not raised in such a proceeding at the time or in the
manner prescribed by State law, unless--
            ``(1) the relevant State maintains a mechanism for
        providing legal services to indigents in capital cases that
        meets the specifications in subsection (b) of this section;
            ``(2) if the applicant in the instant case was eligible for
        the appointment of counsel and did not waive such an
        appointment, the State actually appointed an attorney or
        attorneys to represent the applicant in the State proceeding in
        which the finding of fact was made or the default occurred; and
            ``(3) the attorney or attorneys so appointed substantially
        met both the qualification standards specified in subsection
        (b)(3)(A) or (b)(4) of this section and the performance
        standards established by the appointing authority.
    ``(b) A mechanism for providing legal services to indigents within
the meaning of subsection (a)(1) of this section shall include the
following elements:
            ``(1) The State shall provide legal services to--
                    ``(A) indigents charged with offenses for which
                capital punishment is sought;
                    ``(B) indigents who have been sentenced to death
                and who seek appellate, collateral, or unitary review
                in State court; and
                    ``(C) indigents who have been sentenced to death
                and who seek certiorari review of State court judgments
                in the United States Supreme Court.
            ``(2) The State shall establish a counsel authority, which
        shall be--
                    ``(A) a statewide defender organization;
                    ``(B) a resource center; or
                    ``(C) a counsel authority appointed by the highest
                State court having jurisdiction over criminal matters,
                consisting of members of the bar with substantial
                experience in, or commitment to, the representation of
                criminal defendants in capital cases, and comprised of
                a balanced representation from each segment of the
                State's criminal defense bar.
            ``(3) The counsel authority shall--
                    ``(A) publish a roster of attorneys qualified to be
                appointed in capital cases, procedures by which
                attorneys are appointed, and standards governing
                qualifications and performance of counsel, which shall
                include--
                            ``(i) knowledge and understanding of
                        pertinent legal authorities regarding issues in
                        capital cases; and
                            ``(ii) skills in the conduct of
                        negotiations and litigation in capital cases,
                        the investigation of capital cases and the
                        psychiatric history and current condition of
                        capital clients, and the preparation and
                        writing of legal papers in capital cases;
                    ``(B) monitor the performance of attorneys
                appointed and delete from the roster any attorney who
                fails to meet qualification and performance standards;
                and
                    ``(C) appoint a defense team, which shall include
                at least 2 attorneys, to represent a client at the
                relevant stage of proceedings, within 30 days after
                receiving notice of the need for the appointment from
                the relevant State court.
            ``(4) An attorney who is not listed on the roster shall be
        appointed only on the request of the client concerned and in
        circumstances in which the attorney requested is able to
        provide the client with quality legal representation.
            ``(5) No counsel appointed pursuant to this section to
        represent a prisoner in State postconviction proceedings shall
        have previously represented the prisoner at trial or on direct
        appeal in the case for which the appointment is made, unless
        the prisoner and counsel expressly request continued
        representation.
            ``(6) The ineffectiveness or incompetence of counsel
        appointed pursuant to this section during State or Federal
        postconviction proceedings shall not be a ground for relief in
        a proceeding arising under section 2254 of this title. This
        limitation shall not preclude the appointment of different
        counsel at any phase of State or Federal postconviction
        proceedings.
            ``(7) Upon receipt of notice from the counsel authority
        that an individual entitled to the appointment of counsel under
        this section has declined to accept such an appointment, the
        court requesting the appointment shall conduct, or cause to be
        conducted, a hearing, at which the individual and counsel
        proposed to be appointed under this section shall be present,
        to determine the individual's competency to decline the
        appointment, and whether the individual has knowingly and
        intelligently declined it.
            ``(8) Attorneys appointed pursuant to this section shall be
        compensated on an hourly basis pursuant to a schedule of hourly
        rates as periodically established by the counsel authority
        after consultation with the highest State court with
        jurisdiction over criminal matters. Appointed counsel shall be
        reimbursed for expenses reasonably incurred in representing the
        client, including the costs of law clerks, paralegals,
        investigators, experts, or other support services.
            ``(9) Support services for staff attorneys of a defender
        organization or resource center shall be equal to the services
        listed in paragraph (8).''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 153 of title 28, United States Code, is amended by adding after
the provision added by section 804 the following:

``2257. Counsel in capital cases; State court.''.

SEC. 6. SUCCESSIVE FEDERAL PETITIONS.

    Section 2244(b) of title 28, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)'';
            (2) by inserting ``, in the case of an applicant not under
        sentence of death,'' after ``When''; and
            (3) by adding at the end the following:
            ``(2) In the case of an applicant under sentence of death,
        a claim presented in a second or successive application, that
        was not presented in a prior application under this chapter,
        shall be dismissed unless--
                    ``(A) the applicant shows that--
                            ``(i) the basis of the claim could not have
                        been discovered by the exercise of reasonable
                        diligence before the applicant filed the prior
                        application; or
                            ``(ii) the failure to raise the claim in
                        the prior application was due to action by
                        State officials in violation of the
                        Constitution of the United States; and
                    ``(B) the facts underlying the claim would be
                sufficient, if proven, to undermine the court's
                confidence in the applicant's guilt of the offense or
                offenses for which the capital sentence was imposed, or
                in the validity of that sentence under Federal law.''.

SEC. 7. CERTIFICATES OF PROBABLE CAUSE.

    The third paragraph of section 2253, of title 28, United States
Code, is amended to read as follows:
            ``An appeal may not be taken to the court of appeals from
        the final order in a habeas corpus proceeding where the
        detention complained of arises out of process issued by a State
        court, unless the justice or judge who rendered the order or a
        circuit justice or judge issues a certificate of probable
        cause. However, an applicant under sentence of death shall have
        a right of appeal without a certification of probable cause,
        except after denial of a second or successive application.''.

SEC. 8. DUTIES OF THE DISTRICT COURT.

    Section 2254(a) of title 28, United States Code, is amended by
adding at the end the following:
            ``In adjudicating the merits of any such ground, the court
        shall exercise independent judgment in ascertaining the
        pertinent Federal legal standards and in applying those
        standards to the facts and shall not defer to a previous State
        court judgment regarding a Federal legal standard or its
        application. Upon request, the court shall permit the parties
        to present evidence regarding material facts that were not
        adequately developed in State court. The court shall award
        relief with respect to any meritorious constitutional ground,
        unless, in the case of a violation that can be harmless, the
        respondent shows that the error was harmless beyond a
        reasonable doubt.''.

SEC. 9. CLAIMS OF INNOCENCE.

    (a) In General.--Chapter 153 of title 28, United States Code, is
amended by adding after the provision added by section 805 of this
subtitle the following:
``Sec. 2258. Claims of innocence
    ``(a) At any time, and notwithstanding any other provision of law,
a district court shall issue habeas corpus relief on behalf of an
applicant under sentence of death, imposed either in Federal or in
State court, who offers credible newly discovered evidence which, had
it been presented to the trier of fact or sentencing authority at
trial, would probably have resulted in--
            ``(1) an acquittal of the offense for which the death
        sentence was imposed; or
            ``(2) a sentence other than death.
    ``(b) An application filed pursuant to subsection (a) shall offer
substantial evidence which, if credible, would establish one of the
standards in subsection (a)(1) or (2). An application that fails to do
so may be dismissed.
    ``(c) If the court concludes that an application meets the
requirements in subsection (b), the court shall--
            ``(1) order the respondent to file an answer;
            ``(2) permit the parties to conduct reasonable discovery;
            ``(3) conduct a hearing to resolve disputed issues of fact;
        and
            ``(4) upon request, issue a stay of execution pending
        further proceedings in the district court and on direct review
        of the district court's judgment.
    ``(d) If the court concludes that the applicant meets the standards
established by subsection (a)(1) or (2), the court shall order his or
her release, unless a new trial or, in an appropriate case, a new
sentencing proceeding, is conducted within a reasonable time.
    ``(e) If the court determines that the applicant is currently
entitled to pursue other available and effective remedies in either
State or Federal court, the court may, at the request of either party,
suspend its consideration of the application under this section until
the applicant has exhausted those remedies. A stay issued pursuant to
subsection (c) shall remain in effect during such a suspension.
    ``(f) An application under this section may be consolidated with
any other pending application under this chapter, filed by the same
applicant.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 153 of title 28, United States Code, is amended by adding after
the provision added by section 805 of this subtitle the following:

``2258. Claims of innocence.''.

SEC. 10. PROCEDURAL DEFAULT IN STATE COURT.

    Section 2254 of title 28, United States Code, is amended by adding
the following:
    ``(h)(1) A district court shall decline to consider a claim under
this section if--
            ``(A) the applicant previously failed to raise the claim in
        State court at the time and in the manner prescribed by State
        law; the State courts, for that reason, refused or would refuse
        to entertain the claim; such refusal would constitute an
        adequate and independent State law ground that would foreclose
        direct review of the State court judgment in the Supreme Court
        of the United States; and
            ``(B) the applicant fails to show cause for the failure to
        raise the claim in State court and prejudice to the applicant's
        right to fair proceedings or to an accurate outcome resulting
        from the alleged violation of the Federal right asserted, or
        that failure to consider the claim would result in a
        miscarriage of justice.
    ``(2) The court shall not find cause in any case in which it
appears that the applicant or counsel deliberately withheld a claim
from the State courts for strategic purposes. An applicant may
establish cause by showing that--
            ``(A) the factual basis of the claim could not have been
        discovered by the exercise of reasonable diligence before the
        applicant could have raised the claim in State court;
            ``(B) the claim relies on a decision of the Supreme Court
        of the United States, announced after the applicant might have
        raised the claim in State court; or
            ``(C) the failure to raise the claim in State court was due
        to interference by State officials, counsel's ignorance or
        neglect, or counsel's ineffective assistance in violation of
        the Constitution.''.
HR 4018 RH----2

Summary: Habeas Corpus Revision Act of 1994 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases. Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances. Specifies requirements for stays of execution in capital cases. Prohibits the court from applying a new rule representing a clear break from precedent announced by the US Supreme Court that could not have reasonably been anticipated at the time the claimant's sentence became final in State court, unless such rule: (1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed. Or (2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished. Bars the court from presuming a finding of fact made in certain State court proceedings to be correct or from declining to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless: (1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases which meets specified requirements. (2) the State actually appointed an attorney to represent an applicant who was eligible for and did not waive such appointment in the State proceeding in which the finding of fact was made or the default occurred. And (3) any attorney so appointed substantially met specified qualification standards and the performance standards established by the appointing authority. Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application be dismissed unless the applicant shows that: (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the US Constitution. And (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed, or in the validity of that sentence under Federal law. Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application. Requires the district court, in adjudicating habeas corpus cases, to: (1) exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts when adjudicating the merits of a particular ground. (2) issue habeas corpus relief at any time on behalf of an applicant under sentence of death imposed either in Federal or State court who offers newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in an acquittal of the offense for which the death sentence was imposed or a sentence other than death. And (3) decline to consider a habeas corpus claim under specified circumstances.

Habeas Corpus Revision Act of 1994