[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 117 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 117

To amend title 38, United States Code, to make certain improvements in 
  the laws administered by the Secretary of Veterans Affairs, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 2011

  Mr. Filner introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to make certain improvements in 
  the laws administered by the Secretary of Veterans Affairs, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Housing, 
Employment, and Living Programs for Veterans Act of 2011'' or the 
``HELP Veterans Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
Sec. 3. Modification of standard of visual acuity required for 
                            eligibility for specially adapted housing 
                            assistance provided by the Secretary of 
                            Veterans Affairs.
Sec. 4. Authorities regarding housing loans guaranteed by the 
                            Department of Veterans Affairs.
Sec. 5. Assistance for flight training.
Sec. 6. Seven-year increase in amount of assistance for individuals 
                            pursuing internships or on-the-job 
                            training.
Sec. 7. Extension of authority for certain qualifying work-study 
                            activities for purposes of the educational 
                            assistance programs of the Department of 
                            Veterans Affairs.
Sec. 8. Expansion of work-study allowance to include certain outreach 
                            services conducted through congressional 
                            offices.
Sec. 9. Temporary reduction of required amount of wages for on-the-job 
                            training programs.
Sec. 10. Reauthorization of Veterans' Advisory Committee on Education.
Sec. 11. Review and evaluation of new technology.
Sec. 12. Child care; President's Budget.
Sec. 13. Increase in amount of reporting fee payable to educational 
                            institutions that enroll veterans receiving 
                            educational assistance.
Sec. 14. Modification of advance payment of initial educational 
                            assistance or subsistence allowance.
Sec. 15. Increase in amount of subsistence allowance payable to 
                            veterans participating in vocational 
                            rehabilitation program.
Sec. 16. Expansion of availability of employment assistance allowance 
                            for veterans using employment services.
Sec. 17. Veterans entrepreneurial development summit.
Sec. 18. Increase in the maximum amount of specially adapted housing 
                            assistance authorized to be provided by the 
                            Secretary of Veterans Affairs.
Sec. 19. Department of Veterans Affairs housing loans for construction 
                            of energy efficient dwellings.
Sec. 20. Pilot program on specially adapted housing assistance for 
                            veterans residing temporarily in housing 
                            owned by a family member.

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 38, 
United States Code.

SEC. 3. MODIFICATION OF STANDARD OF VISUAL ACUITY REQUIRED FOR 
              ELIGIBILITY FOR SPECIALLY ADAPTED HOUSING ASSISTANCE 
              PROVIDED BY THE SECRETARY OF VETERANS AFFAIRS.

    (a) In General.--Section 2101(b)(2)(A) is amended by striking 
``with 5/200'' and all that follows through the period and inserting 
the following: ``with central visual acuity of 20/200 or less in the 
better eye with the use of standard correcting lenses (for purposes of 
this subparagraph, an eye which is accompanied by a limitation in the 
fields of vision such that the widest diameter of the visual field 
subtends an angle no greater than 20 degrees shall be treated as having 
a central visual acuity of 20/200 or less).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to specially adapted housing assistance provided on 
or after the date of the enactment of this Act.

SEC. 4. AUTHORITIES REGARDING HOUSING LOANS GUARANTEED BY THE 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) Covenants and Liens in Response to Disaster-Relief 
Assistance.--Paragraph (3) of section 3703(d) is amended to read as 
follows:
    ``(3)(A) Any real estate housing loan (other than for repairs, 
alterations, or improvements) shall be secured by a first lien on the 
realty. In determining whether a loan is so secured, the Secretary may 
either disregard or allow for subordination to a superior lien that--
            ``(i) is created by a duly recorded covenant running with 
        the realty in favor of--
                    ``(I) a public entity that provides assistance in 
                response to a major disaster as determined by the 
                President under the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5121 et seq.); 
                or
                    ``(II) a private entity to secure an obligation to 
                such entity for the homeowner's share of the costs of 
                the management, operation, or maintenance of property, 
                services, or programs within and for the benefit of the 
                development or community in which the veteran's realty 
                is located; and
            ``(ii) the Secretary determines will not prejudice the 
        interests of the veteran borrower and of the Government by the 
        operation of such a covenant.
    ``(B) In respect to a superior lien described by subparagraph (A) 
that is created after June 6, 1969, the Secretary's determination must 
have been made prior to the recordation of the covenant.''.
    (b) Extension of Authority to Pool Loans.--Paragraph (2) of section 
3720(h) is amended by striking ``2011'' and inserting ``2016''.

SEC. 5. ASSISTANCE FOR FLIGHT TRAINING.

    Subsection (e)(1) of section 3032 is amended by striking ``60 
percent'' and inserting ``75 percent''.

SEC. 6. SEVEN-YEAR INCREASE IN AMOUNT OF ASSISTANCE FOR INDIVIDUALS 
              PURSUING INTERNSHIPS OR ON-THE-JOB TRAINING.

    During the seven-year period beginning on the date of the enactment 
of this Act, the Secretary of Veterans Affairs shall apply--
            (1) section 3032(c)(1) of title 38, United States Code--
                    (A) in subparagraph (A), by substituting ``80 
                percent'' for ``75 percent'';
                    (B) in subparagraph (B), by substituting ``60 
                percent'' for ``55 percent''; and
                    (C) in subparagraph (C), by substituting ``40 
                percent'' for ``35 percent'';
            (2) section 3233(a) of such title--
                    (A) in paragraph (1), by substituting ``80 
                percent'' for ``75 percent'';
                    (B) in paragraph (2), by substituting ``60 
                percent'' for ``55 percent''; and
                    (C) in paragraph (3), by substituting ``40 
                percent'' for ``35 percent'';
            (3) section 3687(b)(2) of such title--
                    (A) by substituting ``$603'' for ``$574'';
                    (B) by substituting ``$450'' for ``$429''; and
                    (C) by substituting ``$299'' for ``$285''; and
            (4) section 16131(d)(1) of title 10, United States Code--
                    (A) in subparagraph (A), by substituting ``80 
                percent'' for ``75 percent'';
                    (B) in subparagraph (B), by substituting ``60 
                percent'' for ``55 percent''; and
                    (C) in subparagraph (C), by substituting ``40 
                percent'' for ``35 percent''.

SEC. 7. EXTENSION OF AUTHORITY FOR CERTAIN QUALIFYING WORK-STUDY 
              ACTIVITIES FOR PURPOSES OF THE EDUCATIONAL ASSISTANCE 
              PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS.

    Paragraph (4) of section 3485(a) is amended by striking ``June 30, 
2013'' each place it appears and inserting ``June 30, 2020''.

SEC. 8. EXPANSION OF WORK-STUDY ALLOWANCE TO INCLUDE CERTAIN OUTREACH 
              SERVICES CONDUCTED THROUGH CONGRESSIONAL OFFICES.

    Section 3485(a)(4) is amended by adding at the end the following 
new subparagraph:
            ``(K) The following activities carried out at the offices 
        of Members of Congress for such Members:
                    ``(i) The distribution of information to members of 
                the Armed Forces, veterans, and their dependents about 
                the benefits and services under laws administered by 
                the Secretary and other appropriate governmental and 
                non-governmental programs.
                    ``(ii) The provision of assistance in ascertaining 
                the status of claims (including appeals) for benefits 
                under laws administered by the Secretary, as well as 
                other constituent services for veterans as the 
                Secretary determines appropriate.''.

SEC. 9. TEMPORARY REDUCTION OF REQUIRED AMOUNT OF WAGES FOR ON-THE-JOB 
              TRAINING PROGRAMS.

    (a) In General.--
            (1) Reducing requirement.--Section 3677(b)(1)(A)(ii) is 
        amended by striking ``85 per centum'' and inserting ``60 
        percent''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on October 1, 2010, and shall apply to a 
        veteran who enrolls in a program of training on the job 
        approved under section 3677 of title 38, United States Code, on 
        or after such date.
    (b) Sunset.--
            (1) Reversion.--Effective October 1, 2013, section 
        3677(b)(1)(A)(ii) of such title, as amended by subsection (a) 
        of this section, is amended by striking ``60 percent'' and 
        inserting ``85 percent''.
            (2) Application.--The amendment made by paragraph (1) shall 
        apply to a veteran who enrolls in a program of training on the 
        job approved under section 3677 of title 38, United States 
        Code, on or after October 1, 2013.
    (c) GAO Report.--Not later than October 1, 2013, the Comptroller 
General shall submit to the Committee on Veterans' Affairs of the House 
of Representatives and the Committee on Veterans' Affairs of the Senate 
a report on the effects of eliminating the requirement under section 
3677(b)(1)(A)(ii) of title 38, United States Code, for a private 
employer to provide wage increases to veterans enrolled in a program of 
training on the job approved under section 3677 of such title.

SEC. 10. REAUTHORIZATION OF VETERANS' ADVISORY COMMITTEE ON EDUCATION.

    Section 3692(c) is amended by striking ``December 31, 2013'' and 
inserting ``December 31, 2020''.

SEC. 11. REVIEW AND EVALUATION OF NEW TECHNOLOGY.

    The Secretary of Veterans Affairs shall establish a team of 
individuals from appropriate disciplines to be responsible for 
reviewing new technologies, processes, and products and for determining 
which such technologies, processes, and products may be beneficial to 
the Department of Veterans Affairs or to the veterans served by the 
Department. Upon completion of the review under this subsection, the 
team shall submit the review to the Secretary, who shall disseminate 
the review within the Department, as appropriate.

SEC. 12. CHILD CARE; PRESIDENT'S BUDGET.

    (a) In General.--Chapter 31 is amended by adding at the end the 
following new sections:
``Sec. 3123. Child care assistance for single parents
    ``(a) In General.--Pursuant to regulations prescribed by the 
Secretary to carry out this section, the Secretary shall provide 
reimbursements for the actual cost of child care provided by a licensed 
provider to a veteran who--
            ``(1) is participating in a vocational rehabilitation 
        program under this chapter;
            ``(2) is the sole caretaker of a child; and
            ``(3) would not otherwise be able to afford such child 
        care.
    ``(b) Amount and Duration.--The amount of the reimbursement for the 
actual cost for child care under this section shall be not more than 
$2,000 per month for each month the veteran is participating in a 
vocational rehabilitation program under this chapter.
``Sec. 3124. Information included in support of President's budget
    ``The Secretary shall include in documents submitted to Congress by 
the Secretary in support of the President's budget for each fiscal year 
submitted under section 1105 of title 31, United States Code, the 
following:
            ``(1) For the calendar year preceding the submission--
                    ``(A) the percentage of veterans receiving 
                assistance under this chapter who became employed; and
                    ``(B) the percentage of veterans receiving 
                assistance under this chapter who achieved independence 
                in daily living.
            ``(2) Any changes made by the Secretary in measuring or 
        calculating the performance of the department under this 
        chapter.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter 31 is amended by adding at the end the following:

``3123. Child care assistance for single parents.
``3124. Information included in support of President's budget.''.

SEC. 13. INCREASE IN AMOUNT OF REPORTING FEE PAYABLE TO EDUCATIONAL 
              INSTITUTIONS THAT ENROLL VETERANS RECEIVING EDUCATIONAL 
              ASSISTANCE.

    (a) Increase in Amount of Fee.--Subsection (c) of section 3684 is 
amended--
            (1) by striking ``$7'' and inserting ``$16''; and
            (2) by striking ``$11'' and inserting ``$16''.
    (b) Technical Correction.--Subsection (a) of such section is 
amended by striking the second comma after ``34''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect on January 1, 2011.

SEC. 14. MODIFICATION OF ADVANCE PAYMENT OF INITIAL EDUCATIONAL 
              ASSISTANCE OR SUBSISTENCE ALLOWANCE.

    (a) Modification.--Section 3680(d)(2) is amended by inserting after 
the third sentence the following new sentence: ``For purposes of the 
entitlement to educational assistance of the veteran or person 
receiving an advance payment under this subsection, the advance payment 
shall be charged against the final month of the entitlement of the 
person or veteran and, if necessary, the penultimate such month. In no 
event may any veteran or person receive more than one advance payment 
under this subsection during any academic year.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to an advance payment of educational assistance made 
on or after September 1, 2010.

SEC. 15. INCREASE IN AMOUNT OF SUBSISTENCE ALLOWANCE PAYABLE TO 
              VETERANS PARTICIPATING IN VOCATIONAL REHABILITATION 
              PROGRAM.

    (a) Increase in Subsistence Allowance.--Section 3108(b)(1) is 
amended by striking the table and inserting the following new table:

----------------------------------------------------------------------------------------------------------------
                  Column  I                   Column  II    Column   Column  IV              Column V
---------------------------------------------------------    III    --------------------------------------------
                                                         -----------
              Type of   program                   No         One         Two        More than  two dependents
                                              dependents  dependent  dependents
----------------------------------------------------------------------------------------------------------------
                                              ..........  .........  ..........  The amount in column IV, plus
                                                                                  the following for each
                                                                                  dependent in excess of two:
Full-time...................................     $576.01    $714.50     $841.98  $61.37
Three-quarter time..........................     $432.80    $536.65     $629.50  $47.19
Half-time...................................     $289.59    $358.81     $421.77  $31.49.
----------------------------------------------------------------------------------------------------------------

    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to a payment made for the third month beginning 
after the date of the enactment of this Act and each subsequent month.

SEC. 16. EXPANSION OF AVAILABILITY OF EMPLOYMENT ASSISTANCE ALLOWANCE 
              FOR VETERANS USING EMPLOYMENT SERVICES.

    Paragraph (2) of section 3108(a) is amended to read as follows:
            ``(2) In the case of a veteran with a service-connected 
        disability who the Secretary determines has reached a point of 
        employability and who is participating only in a program of 
        employment services provided under section 3104(a)(5) of this 
        title, the Secretary shall pay the veteran a subsistence 
        allowance as prescribed in this section for three months while 
        the veteran is satisfactorily pursuing such program.''.

SEC. 17. VETERANS ENTREPRENEURIAL DEVELOPMENT SUMMIT.

    (a) In General.--Subchapter II of chapter 81 is amended by adding 
at the end the following new section:
``Sec. 8120. Veterans entrepreneurial development summit
    ``(a) Veterans Entrepreneurial Development Summit.--The Secretary 
may hold an event, once every year, to provide networking 
opportunities, outreach, education, training, and support to small 
business concerns owned and controlled by veterans, veterans service 
organizations, and other entities as determined appropriate by the 
Secretary.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this subsection $1,000,000 for each of fiscal 
years 2011 and 2021.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end of the items relating to 
subchapter II the following:

``8120. Veterans entrepreneurial development summit.''.

SEC. 18. INCREASE IN THE MAXIMUM AMOUNT OF SPECIALLY ADAPTED HOUSING 
              ASSISTANCE AUTHORIZED TO BE PROVIDED BY THE SECRETARY OF 
              VETERANS AFFAIRS.

    (a) In General.--Section 2102 is amended--
            (1) in subsection (b)(2), by striking ``$12,000'' and 
        inserting ``$13,756''; and
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``$60,000'' and 
                inserting ``$65,780''; and
                    (B) in paragraph (2), by striking ``$12,000'' and 
                inserting ``$13,756''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to assistance furnished after the date of the 
enactment of this Act.

SEC. 19. DEPARTMENT OF VETERANS AFFAIRS HOUSING LOANS FOR CONSTRUCTION 
              OF ENERGY EFFICIENT DWELLINGS.

    (a) Loans Authorized.--Section 3710(d) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``The Secretary'' and inserting 
                ``(A) The Secretary'';
                    (B) by striking ``for the acquisition of'' and all 
                that follows through the end and inserting ``for any of 
                the following purposes:'';
                    (C) by adding at the end the following new clauses:
            ``(i) The acquisition of an existing dwelling and the cost 
        of making energy efficiency improvements to the dwelling.
            ``(ii) The construction of a new dwelling and the cost of 
        making energy efficiency improvements to the dwelling.
            ``(iii) Energy efficiency improvements to a dwelling owned 
        and occupied by a veteran.''; and
                    (D) by adding at the end the following new 
                subparagraphs:
    ``(B) Except as otherwise provided in this subsection, a loan may 
be guaranteed under this subsection only if it meets the requirements 
of this chapter.
    ``(C) The Secretary shall determine appropriate energy efficiency 
standards for purposes of this subsection and shall require that 
dwellings purchased, constructed, or improved using a loan guaranteed 
under this subsection meet such standards.''; and
            (2) in paragraph (2), by striking subparagraphs (A) and (B) 
        and inserting the following new subparagraphs (A) and (B):
            ``(A) five percent of the total established value of the 
        property, dwelling, and improvements; or
            ``(B) $6,000, or a higher amount specifically provided by 
        the Secretary.''.
    (b) Guidance.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall issue guidance on appraising 
the value of energy efficiency improvements for purposes of section 
3710(d) of title 38, United States Code, as amended by this Act.
    (c) Regulations.--
            (1) Interim policy guidance.--Not later than 90 days after 
        the date of the enactment of this Act, the Secretary of 
        Veterans Affairs shall prescribe interim policy guidance on 
        energy efficiency audits and the conditions under which the 
        performance of such audits may be included in the amount 
        guaranteed by the Secretary under section 3710(d) of title 38, 
        United States Code, as amended by subsection (a).
            (2) Regulations.--Not later than one year after the date of 
        the enactment of this Act, the Secretary shall prescribe 
        regulations to carry out the amendments made by subsection (a).
            (3) Energy efficiency audit defined.--For purposes of this 
        subsection, the term ``energy efficiency audit'' means a 
        measurement of the effects of an improvement made to a dwelling 
        for the purpose of reducing energy consumption or increasing 
        energy efficiency that is carried out by a certified 
        professional auditor, as determined by the Secretary.
    (d) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply with respect to a loan secured on or after January 1, 2011.

SEC. 20. PILOT PROGRAM ON SPECIALLY ADAPTED HOUSING ASSISTANCE FOR 
              VETERANS RESIDING TEMPORARILY IN HOUSING OWNED BY A 
              FAMILY MEMBER.

    (a) Treatment of Certain Limitations.--Notwithstanding subsection 
(d) of section 2102 of title 38, United States Code, and subject to 
subsection (b), a grant under section 2102A of such title shall not 
count toward the dollar amount limitations specified in that 
subsection.
    (b) Termination.--Subsection (a) shall apply only to the first 25 
grants made during fiscal year 2012.
                                 <all>