[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1148 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1148

  To amend title 38, United States Code, to improve the provision of 
     assistance to homeless veterans, to improve the regulation of 
    fiduciaries who represent individuals for purposes of receiving 
benefits under laws administered by the Secretary of Veterans Affairs, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2011

  Mrs. Murray introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to improve the provision of 
     assistance to homeless veterans, to improve the regulation of 
    fiduciaries who represent individuals for purposes of receiving 
benefits under 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 ``Veterans Programs 
Improvement 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.
                   TITLE I--HOMELESS VETERANS MATTERS

Sec. 101. Enhancement of comprehensive service programs.
Sec. 102. Modification of grant program for homeless veterans with 
                            special needs.
Sec. 103. Modification of authority for provision of treatment and 
                            rehabilitation to certain veterans to 
                            include provision of treatment and 
                            rehabilitation to homeless veterans who are 
                            not seriously mentally ill.
Sec. 104. Plan to end veteran homelessness.
Sec. 105. Extension of certain authorities relating to homeless 
                            veterans.
Sec. 106. Reauthorization of appropriations for homeless veterans 
                            reintegration program.
Sec. 107. Reauthorization of appropriations for financial assistance 
                            for supportive services for very low-income 
                            veteran families in permanent housing.
Sec. 108. Reauthorization of appropriations for grant program for 
                            homeless veterans with special needs.
                      TITLE II--FIDUCIARY MATTERS

Sec. 201. Appointment of caregivers and persons named under durable 
                            power of attorney as fiduciaries for 
                            purposes of benefits under laws 
                            administered by Secretary of Veterans 
                            Affairs.
Sec. 202. Access by Secretary of Veterans Affairs to financial records 
                            of individuals represented by fiduciaries 
                            and receiving benefits under laws 
                            administered by Secretary.
Sec. 203. Confidential nature of credit reports and documents 
                            pertaining to the appointment of a 
                            fiduciary.
Sec. 204. Authority for certain persons to sign claims filed with 
                            Secretary of Veterans Affairs on behalf of 
                            claimants.
Sec. 205. Improvement of process for filing jointly for social security 
                            and dependency and indemnity compensation.
Sec. 206. Durable power of attorney defined.
          TITLE III--OTHER ADMINISTRATIVE AND BENEFITS MATTERS

Sec. 301. Occupancy of property by dependent child of veteran for 
                            purposes of meeting occupancy requirement 
                            for Department of Veterans Affairs housing 
                            loans.
Sec. 302. Waiver of loan fee for individuals with disability ratings 
                            issued during pre-discharge programs.
Sec. 303. Extension of authority for assistance for individuals 
                            residing temporarily in housing owned by 
                            family members.
Sec. 304. Indexing of levels of assistance for individuals residing 
                            temporarily in housing owned by family 
                            members.
Sec. 305. Expansion of eligibility for presidential memorial 
                            certificates to persons who died in the 
                            active military, naval, or air service.
Sec. 306. Automatic waiver of agency of original jurisdiction review of 
                            new evidence.
Sec. 307. Extension of authorities of Secretary of Veterans Affairs to 
                            use information from other agencies.
Sec. 308. Extension of authority for regional office of Department of 
                            Veterans Affairs in Republic of the 
                            Philippines.

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 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.

                   TITLE I--HOMELESS VETERANS MATTERS

SEC. 101. ENHANCEMENT OF COMPREHENSIVE SERVICE PROGRAMS.

    (a) Enhancement of Grants.--Section 2011 is amended--
            (1) in subsection (b)(1)(A), by striking ``expansion, 
        remodeling, or alteration of existing facilities, or 
        acquisition of facilities,'' and inserting ``new construction 
        of facilities, expansion, remodeling, or alteration of existing 
        facilities, or acquisition of facilities''; and
            (2) in subsection (c)--
                    (A) in the first sentence, by striking ``A grant'' 
                and inserting ``(1) A grant'';
                    (B) in the second sentence of paragraph (1), as 
                designated by subparagraph (A), by striking ``The 
                amount'' and inserting the following:
    ``(2) The amount''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(3)(A) The Secretary may not deny an application from an entity 
that seeks a grant under this section to carry out a project described 
in subsection (b)(1)(A) solely on the basis that the entity proposes to 
use funding from other private or public sources, if the entity 
demonstrates that a private nonprofit organization will provide 
oversight and site control for the project.
    ``(B) In this paragraph, the term `private nonprofit organization' 
means the following:
            ``(i) An incorporated private institution, organization, or 
        foundation--
                    ``(I) that has received, or has temporary clearance 
                to receive, tax-exempt status under paragraph (2), (3), 
                or (19) of section 501(c) of the Internal Revenue Code 
                of 1986;
                    ``(II) for which no part of the net earnings of the 
                institution, organization, or foundation inures to the 
                benefit of any member, founder, or contributor of the 
                institution, organization, or foundation; and
                    ``(III) that the Secretary determines is 
                financially responsible.
            ``(ii) A for-profit limited partnership or limited 
        liability company, the sole general partner or manager of which 
        is an organization that is described by subclauses (I) through 
        (III) of clause (i).
            ``(iii) A corporation wholly owned and controlled by an 
        organization that is described by subclauses (I) through (III) 
        of clause (i).''.
    (b) Grant and Per Diem Payments.--
            (1) Study and development of payment method.--Not later 
        than one year after the date of the enactment of this Act, the 
        Secretary of Veterans Affairs shall--
                    (A) complete a study of all matters relating to the 
                method used by the Secretary to make per diem payments 
                under section 2012(a) of title 38, United States Code; 
                and
                    (B) develop an improved method for adequately 
                reimbursing recipients of grants under section 2011 of 
                such title for services furnished to homeless veterans.
            (2) Consideration.--In developing the method required by 
        paragraph (1)(B), the Secretary may consider payments and 
        grants received by recipients of grants described in such 
        paragraph from other departments and agencies of Federal and 
        local governments and from private entities.
            (3) Report.--Not later than one year after the date of the 
        enactment of this Act, the Secretary shall submit to Congress a 
        report on--
                    (A) the findings of the Secretary with respect to 
                the study required by subparagraph (A) of paragraph 
                (1);
                    (B) the method developed under subparagraph (B) of 
                such paragraph; and
                    (C) any recommendations of the Secretary for 
                revising the method described in subparagraph (A) of 
                such paragraph and any legislative action the Secretary 
                considers necessary to implement such method.
    (c) Authorization of Appropriations.--Section 2013 is amended by 
striking ``subchapter'' and all that follows through the period and 
inserting the following: ``subchapter amounts as follows:
            ``(1) $150,000,000 for each of fiscal years 2007 through 
        2009.
            ``(2) $175,100,000 for fiscal year 2010.
            ``(3) $217,700,000 for fiscal year 2011.
            ``(4) $250,000,000 for fiscal year 2012 and each fiscal 
        year thereafter.''.

SEC. 102. MODIFICATION OF GRANT PROGRAM FOR HOMELESS VETERANS WITH 
              SPECIAL NEEDS.

    (a) Inclusion of Entities Eligible for Comprehensive Service 
Program Grants and Per Diem Payments for Services to Homeless 
Veterans.--Subsection (a) of section 2061 is amended--
            (1) by striking ``to grant and per diem providers'' and 
        inserting ``to entities eligible for grants and per diem 
        payments under sections 2011 and 2012 of this title''; and
            (2) by striking ``by those facilities and providers'' and 
        inserting ``by those facilities and entities''.
    (b) Inclusion of Male Homeless Veterans With Minor Dependents.--
Subsection (b) of such section is amended--
            (1) in paragraph (1), by striking ``, including women who 
        have care of minor dependents'';
            (2) in paragraph (3), by striking ``or'';
            (3) in paragraph (4), by striking the period at the end and 
        inserting ``; or''; and
            (4) by adding at the end the following new paragraph:
            ``(5) individuals who have care of minor dependents.''.
    (c) Authorization of Provision of Services to Dependents.--Such 
section is further amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Provision of Services to Dependents.--A recipient of a grant 
under subsection (a) may use amounts under the grant to provide 
services directly to a dependent of a homeless veteran with special 
needs who is under the care of such homeless veteran while such 
homeless veteran receives services from the grant recipient under this 
section.''.

SEC. 103. MODIFICATION OF AUTHORITY FOR PROVISION OF TREATMENT AND 
              REHABILITATION TO CERTAIN VETERANS TO INCLUDE PROVISION 
              OF TREATMENT AND REHABILITATION TO HOMELESS VETERANS WHO 
              ARE NOT SERIOUSLY MENTALLY ILL.

    Section 2031(a) is amended in the matter before paragraph (1) by 
striking ``, including'' and inserting ``and to''.

SEC. 104. PLAN TO END VETERAN HOMELESSNESS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to Congress a comprehensive plan to end homelessness among veterans.
    (b) Elements.--The plan required by subsection (a) shall include 
the following:
            (1) An analysis of programs of the Department of Veterans 
        Affairs and other departments and agencies of the Federal 
        Government that are designed to prevent homelessness among 
        veterans and assist veterans who are homeless.
            (2) An evaluation of whether and how coordination between 
        the programs described in paragraph (1) would contribute to 
        ending homelessness among veterans.
            (3) Recommendations for improving the programs described in 
        paragraph (1), enhancing coordination between such programs, or 
        eliminating programs that are no longer effective.
            (4) Recommendations for new programs to prevent and end 
        homelessness among veterans, including an estimate of the cost 
        of such programs.
            (5) A timeline for implementing the plan, including 
        milestones to track the implementation of the plan.
            (6) Benchmarks to measure the effectiveness of the plan and 
        the efforts of the Secretary to implement the plan.
            (7) Such other matters as the Secretary considers 
        necessary.
    (c) Consideration of Veterans Located in Rural Areas.--The 
analysis, evaluation, and recommendations included in the report 
required by subsection (a) shall include consideration of the 
circumstances and requirements that are unique to veterans located in 
rural areas.

SEC. 105. EXTENSION OF CERTAIN AUTHORITIES RELATING TO HOMELESS 
              VETERANS.

    (a) Health Care for Homeless Veterans.--Section 2031(b) is amended 
by striking ``December 31, 2011'' and inserting ``December 31, 2014''.
    (b) Centers for Provision of Comprehensive Services to Homeless 
Veterans.--Section 2033(d) is amended by striking ``December 31, 2011'' 
and inserting ``December 31, 2014''.
    (c) Property Transfers for Housing Assistance for Homeless 
Veterans.--Section 2041(c) is amended by striking ``December 31, 2011'' 
and inserting ``December 31, 2014''.
    (d) Advisory Committee on Homeless Veterans.--Section 2066(d) is 
amended by striking ``December 30, 2011'' and inserting ``December 30, 
2013''.

SEC. 106. REAUTHORIZATION OF APPROPRIATIONS FOR HOMELESS VETERANS 
              REINTEGRATION PROGRAM.

    Section 2021(e)(1) is amended adding at the end the following new 
subparagraph:
            ``(G) $50,000,000 for each of fiscal years 2012 and 
        2013.''.

SEC. 107. REAUTHORIZATION OF APPROPRIATIONS FOR FINANCIAL ASSISTANCE 
              FOR SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN 
              FAMILIES IN PERMANENT HOUSING.

    (a) In General.--Section 2044(e) is amended--
            (1) in paragraph (1), by adding at the end the following 
        new subparagraph:
            ``(D) $100,000,000 for fiscal year 2012.''; and
            (2) in paragraph (3), by striking ``2011'' and inserting 
        ``2012''.
    (b) Technical Amendment.--Paragraph (1) of such section is further 
amended by striking ``carry out subsection (a), (b), and (c)'' and 
inserting ``carry out subsections (a), (b), and (c)''.

SEC. 108. REAUTHORIZATION OF APPROPRIATIONS FOR GRANT PROGRAM FOR 
              HOMELESS VETERANS WITH SPECIAL NEEDS.

    Section 2061(c)(1) is amended by striking ``2011'' and inserting 
``2013''.

                      TITLE II--FIDUCIARY MATTERS

SEC. 201. APPOINTMENT OF CAREGIVERS AND PERSONS NAMED UNDER DURABLE 
              POWER OF ATTORNEY AS FIDUCIARIES FOR PURPOSES OF BENEFITS 
              UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.

    (a) In General.--Subsection (a) of section 5502 is amended--
            (1) by redesignating paragraph (2) as paragraph (4); and
            (2) in paragraph (1) by striking ``Where, in'' and 
        inserting the following:
    ``(2) In the absence of special circumstances the Secretary 
determines necessitate otherwise, payment to a fiduciary under 
paragraph (1) shall be made to the person or entity caring for or 
having primary custody of the beneficiary or the beneficiary's estate, 
including a person or entity who has been named by the incompetent 
beneficiary under a durable power of attorney.
    ``(3) Where, in''.
    (b) Clarification Regarding Distribution of Benefits When Payment 
Suspended or Withheld From Fiduciary.--Subsection (d) of such section 
is amended to read as follows:
    ``(d)(1) All or any part of any benefits the payment of which is 
suspended or withheld under this section may, in the discretion of the 
Secretary, be paid temporarily to the person having custody and control 
of the incompetent or minor beneficiary, to be used solely for the 
benefit of such beneficiary, or, in the case of an incompetent veteran, 
may be apportioned to the dependent or dependents, if any of such 
veteran.
    ``(2)(A)(i) Any part not so paid and any funds of a mentally 
incompetent veteran not paid to the chief officer of the institution in 
which such veteran is a patient nor apportioned to the veterans' 
dependent or dependents may be ordered held in the Treasury to the 
credit of such beneficiary.
    ``(ii) All funds so held shall be disbursed under the order and in 
the discretion of the Secretary for the benefit of such beneficiary or 
the beneficiary's dependents.
    ``(B)(i) Except as provided in this subparagraph or as otherwise 
provided by law, any balance remaining in such fund to the credit of 
any beneficiary may be paid to the beneficiary if the beneficiary 
recovers and is found competent, or if a minor, attains majority, or 
otherwise to the beneficiary's fiduciary, or, in the event of the 
beneficiary's death, to the beneficiary's personal representative.
    ``(ii) Payment shall not be made to the beneficiary's personal 
representative under clause (i) if, under the law of the beneficiary's 
last legal residence, the beneficiary's estate would escheat to the 
State.
    ``(iii) In the event of the death of a mentally incompetent 
veteran, all gratuitous benefits under laws administered by the 
Secretary deposited before or after August 7, 1959, in the personal 
funds of patients trust fund on account of such veteran shall not be 
paid to the personal representative of such veteran, but shall be paid 
to the following persons living at the time of settlement, and in the 
order named:
            ``(I) The surviving spouse.
            ``(II) The children (without regard to age or marital 
        status), in equal parts.
            ``(III) The dependent parents of such veteran, in equal 
        parts.
    ``(iv) If any balance remains after the application of clause 
(iii), such balance shall be deposited to the credit of the applicable 
current appropriation, except that there may be paid only so much of 
such balance as may be necessary to reimburse a person (other than a 
political subdivision of the United States) who bore the expenses of 
last sickness or burial of the veteran for such expenses.
    ``(v) No payment shall be made under clauses (iii) or (iv) unless 
claim therefor is filed with the Secretary within five years after the 
death of the veteran, except that, if any person so entitled under such 
clauses is under legal disability at the time of death of the veteran, 
such five-year period of limitation shall run from the termination or 
removal of the legal disability.''.
    (c) Clarification That Definition of Fiduciary Includes Persons 
Named Under Durable Power of Attorney.--Section 5506(1) is amended by 
inserting ``, including a person named as an agent under a durable 
power of attorney'' before ``; or''.

SEC. 202. ACCESS BY SECRETARY OF VETERANS AFFAIRS TO FINANCIAL RECORDS 
              OF INDIVIDUALS REPRESENTED BY FIDUCIARIES AND RECEIVING 
              BENEFITS UNDER LAWS ADMINISTERED BY SECRETARY.

    (a) In General.--Section 5502, as amended by section 201, is 
further amended by adding at the end the following new subsection:
    ``(f)(1) The Secretary may require any person or State or local 
governmental entity appointed or recognized as a fiduciary for a 
Department beneficiary under this section to provide authorization for 
the Secretary to obtain (subject to the cost reimbursement requirements 
of section 1115(a) of the Right to Financial Privacy Act of 1978 (12 
U.S.C. 3415)) from any financial institution any financial record held 
by the institution with respect to an account of the fiduciary or the 
beneficiary which contains an amount paid by the Secretary to the 
fiduciary for the benefit of the beneficiary whenever the Secretary 
determines that the financial record is necessary--
            ``(A) for the administration of a program administered by 
        the Secretary; or
            ``(B) in order to safeguard the beneficiary's benefits 
        against neglect, misappropriation, misuse, embezzlement, or 
        fraud.
    ``(2) Notwithstanding section 1104(a)(1) of such Act (12 U.S.C. 
3404(a)(1)), an authorization provided by a fiduciary under paragraph 
(1) with respect to a beneficiary shall remain effective until the 
earliest of--
            ``(A) the approval by a court or the Secretary of a final 
        accounting of payment of benefits under any law administered by 
        the Secretary to a fiduciary on behalf of such beneficiary;
            ``(B) in the absence of any evidence of neglect, 
        misappropriation, misuse, embezzlement, or fraud, the express 
        revocation by the fiduciary of the authorization in a written 
        notification to the Secretary; or
            ``(C) the date that is three years after the date of the 
        authorization.
    ``(3)(A) An authorization obtained by the Secretary pursuant to 
this subsection shall be considered to meet the requirements of the 
Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.) for 
purposes of section 1103(a) of such Act (12 U.S.C. 3403(a)), and need 
not be furnished to the financial institution, notwithstanding section 
1104(a) of such Act (12 U.S.C. 3404(a)), if the Secretary provides a 
copy of the authorization to the financial institution.
    ``(B) The certification requirements of section 1103(b) of such Act 
(12 U.S.C. 3403(b)) shall not apply to requests by the Secretary 
pursuant to an authorization provided under this subsection.
    ``(C) A request for a financial record by the Secretary pursuant to 
an authorization provided by a fiduciary under this subsection is 
deemed to meet the requirements of section 1104(a)(3) of such Act (12 
U.S.C. 3404(a)(3)) and the matter in section 1102 of such Act (12 
U.S.C. 3402) that precedes paragraph (1) of such section if such 
request identifies the fiduciary and the beneficiary concerned.
    ``(D) The Secretary shall inform any person or State or local 
governmental entity who provides authorization under this subsection of 
the duration and scope of the authorization.
    ``(E) If a fiduciary of a Department beneficiary refuses to 
provide, or revokes, any authorization to permit the Secretary to 
obtain from any financial institution any financial record concerning 
benefits paid by the Secretary for such beneficiary, the Secretary may, 
on that basis, revoke the appointment or the recognition of the 
fiduciary for such beneficiary and for any other Department beneficiary 
for whom such fiduciary has been appointed or recognized. If the 
appointment or recognition of a fiduciary is revoked, benefits may be 
paid as provided in subsection (d).
    ``(4) For purposes of section 1113(d) of such Act (12 U.S.C. 
3413(d)), a disclosure pursuant to this subsection shall be considered 
a disclosure pursuant to a Federal statute.
    ``(5) In this subsection:
            ``(A) The term `financial institution' has the meaning 
        given such term in section 1101 of such Act (12 U.S.C. 3401), 
        except that such term shall also include any benefit 
        association, insurance company, safe deposit company, money 
        market mutual fund, or similar entity authorized to do business 
        in any State.
            ``(B) The term `financial record' has the meaning given 
        such term in such section.''.
    (b) Modification of Definition of Fiduciary To Include State and 
Local Governmental Entities.--Section 5506, as amended by section 
201(c), is further amended--
            (1) by inserting ``or State or local governmental entity'' 
        after ``person'' each place it appears; and
            (2) in paragraph (1), by striking ``who'' and inserting 
        ``that''.
    (c) Conforming Amendment.--Section 5508 is amended--
            (1) by striking ``or agency'' both places it appears and 
        inserting ``or State or local governmental entity''; and
            (2) in the heading, by striking ``institutional''.

SEC. 203. CONFIDENTIAL NATURE OF CREDIT REPORTS AND DOCUMENTS 
              PERTAINING TO THE APPOINTMENT OF A FIDUCIARY.

    (a) Credit Reports and Criminal Background Reports.--Section 5507 
is amended by adding at the end the following new subsection:
    ``(e) Except as provided under section 5701 of this title, credit 
reports obtained under subsection (a)(1)(C) and criminal background 
reports obtained under subsection (b) shall be segregated from the 
claimant's file and may be disclosed only by a signed release executed 
by the person to whom it relates.''.
    (b) Files, Records, and Reports.--Section 5701 is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' before ``All''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) All files, records, reports, and other papers and documents 
pertaining to any credit report, criminal background evaluation, or 
financial record obtained in connection with the evaluation, 
appointment, or removal of a person who is considered for appointment 
or has been appointed a fiduciary for a beneficiary under chapter 55 of 
this title and the names and addresses of such persons in the 
possession of the Department shall be confidential and privileged, and 
no disclosure thereof shall be made except as provided in this 
section.'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (2) through (6) as 
                paragraphs (3) through (7), respectively;
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
    ``(2) Except as otherwise provided by law, to a person who has 
submitted personal identifying information, financial information, or 
criminal background information to the Department in connection with an 
appointment as a fiduciary for a beneficiary as to matters concerning 
such person or duly authorized agent or representative of such person 
upon written request of the person or agent.''; and
                    (C) in paragraph (3), as redesignated by 
                subparagraph (A)--
                            (i) by inserting ``(A)'' before ``When''; 
                        and
                            (ii) by adding at the end the following new 
                        subparagraph:
            ``(B) Unless a court orders otherwise, in an electronic or 
        paper filing with a court that contains an individual's social 
        security number, TIN (within the meaning of section 7701(a)(41) 
        of the Internal Revenue Code of 1986), claim number, birth 
        date, the name of an individual known to be a minor, the name 
        of an individual who has been determined by the Secretary to be 
        incompetent under chapter 55 of this title, or a financial-
        account number, a party or nonparty making the filing shall 
        include only the following:
                    ``(i) The last four digits of the person's social 
                security number, TIN, or claim number.
                    ``(ii) The year of the individual's birth.
                    ``(iii) The initials of the individual known to be 
                a minor or determined to be incompetent.
                    ``(iv) The last four digits of the financial 
                account number.''; and
            (3) in subsection (h)(2)--
                    (A) in subparagraph (A), by striking ``who has'' 
                and all that follows through ``an offer'' and inserting 
                the following: ``who--
                    ``(i) has applied for any benefit under chapter 37 
                of this title;
                    ``(ii) is, or is being considered for an 
                appointment as, a fiduciary for a beneficiary for 
                monetary benefits provided under this title; or
                    ``(iii) has submitted an offer'';
                    (B) by redesignating subparagraphs (B) through (D) 
                as subparagraphs (C) through (E), respectively; and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph (B):
            ``(B) verifying, either before or after the Secretary has 
        approved a person to serve as a fiduciary for a beneficiary 
        under chapter 55 of this title, the creditworthiness, credit 
        capacity, income, or financial resources of such person;''.

SEC. 204. AUTHORITY FOR CERTAIN PERSONS TO SIGN CLAIMS FILED WITH 
              SECRETARY OF VETERANS AFFAIRS ON BEHALF OF CLAIMANTS.

    (a) In General.--Section 5101 is amended--
            (1) in subsection (a)--
                    (A) by striking ``A specific'' and inserting ``(1) 
                A specific''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) If an individual has not attained the age of 18 years, is 
mentally incompetent, or is physically unable to sign a form, a form 
filed under paragraph (1) for the individual may be signed by a court-
appointed representative, a person who is responsible for the care of 
the individual, including a spouse or other relative, or an attorney in 
fact or agent authorized to act on behalf of the individual under a 
durable power of attorney. If the individual is in the care of an 
institution, the manager or principal officer of the institution may 
sign the form.'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by inserting ``, signs a form on behalf 
                        of an individual to apply for,'' after ``who 
                        applies for''; and
                            (ii) by inserting ``, or TIN in the case 
                        that the person is not an individual,'' after 
                        ``of such person''; and
                    (B) in paragraph (2), by inserting ``or TIN'' after 
                ``social security number'' each place it appears; and
            (3) by adding at the end the following new subsection:
    ``(d) In this section:
            ``(1) The term `mentally incompetent' with respect to an 
        individual means that the individual lacks the mental 
        capacity--
                    ``(A) to provide substantially accurate information 
                needed to complete a form; or
                    ``(B) to certify that the statements made on a form 
                are true and complete.
            ``(2) The term `TIN' has the meaning given the term in 
        section 7701(a)(41) of the Internal Revenue Code of 1986.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply with respect to claims filed on or after the date of the 
enactment of this Act.

SEC. 205. IMPROVEMENT OF PROCESS FOR FILING JOINTLY FOR SOCIAL SECURITY 
              AND DEPENDENCY AND INDEMNITY COMPENSATION.

    Section 5105 is amended--
            (1) in subsection (a)--
                    (A) by striking ``shall'' and inserting ``may''; 
                and
                    (B) by striking ``Each such form'' and inserting 
                ``Such forms''; and
            (2) in subsection (b), by striking ``on such a form'' and 
        inserting ``on any document indicating an intent to apply for 
        survivor benefits''.

SEC. 206. DURABLE POWER OF ATTORNEY DEFINED.

    Section 101 is amended by adding at the end the following new 
paragraph:
            ``(34) The term `durable power of attorney' means a written 
        document signed by a person appointing an individual to act on 
        the person's behalf for the purposes stated in the document and 
        which contains words `This power of attorney is not affected by 
        subsequent disability or incapacity of the principal', `This 
        power of attorney becomes effective on the disability or 
        incapacity of the principal', or similar words showing the 
        principal's intent that the authority conferred on the attorney 
        in fact or agent shall be exercised notwithstanding the 
        principal's subsequent disability, incapacity, or 
        incompetence.''.

          TITLE III--OTHER ADMINISTRATIVE AND BENEFITS MATTERS

SEC. 301. OCCUPANCY OF PROPERTY BY DEPENDENT CHILD OF VETERAN FOR 
              PURPOSES OF MEETING OCCUPANCY REQUIREMENT FOR DEPARTMENT 
              OF VETERANS AFFAIRS HOUSING LOANS.

    Paragraph (2) of section 3704(c) is amended to read as follows:
    ``(2) In any case in which a veteran is in active-duty status as a 
member of the Armed Forces and is unable to occupy a property because 
of such status, the occupancy requirements of this chapter shall be 
considered to be satisfied if--
            ``(A) the spouse of the veteran occupies or intends to 
        occupy the property as a home and the spouse makes the 
        certification required by paragraph (1) of this subsection; or
            ``(B) a dependent child of the veteran occupies or will 
        occupy the property as a home and the veteran's attorney-in-
        fact or legal guardian of the dependent child makes the 
        certification required by paragraph (1) of this subsection.''.

SEC. 302. WAIVER OF LOAN FEE FOR INDIVIDUALS WITH DISABILITY RATINGS 
              ISSUED DURING PRE-DISCHARGE PROGRAMS.

    Paragraph (2) of section 3729(c) is amended to read as follows:
    ``(2)(A) A veteran described in subparagraph (B) shall be treated 
as receiving compensation for purposes of this subsection as of the 
date of the rating described in such subparagraph without regard to 
whether an effective date of the award of compensation is established 
as of that date.
    ``(B) A veteran described in this subparagraph is a veteran who is 
rated eligible to receive compensation--
            ``(i) as the result of a pre-discharge disability 
        examination and rating; or
            ``(ii) based on a pre-discharge review of existing medical 
        evidence (including service medical and treatment records) that 
        results in the issuance of a memorandum rating.''.

SEC. 303. EXTENSION OF AUTHORITY FOR ASSISTANCE FOR INDIVIDUALS 
              RESIDING TEMPORARILY IN HOUSING OWNED BY FAMILY MEMBERS.

    Section 2102A(e) is amended by striking ``December 31, 2011'' and 
inserting ``December 31, 2021''.

SEC. 304. INDEXING OF LEVELS OF ASSISTANCE FOR INDIVIDUALS RESIDING 
              TEMPORARILY IN HOUSING OWNED BY FAMILY MEMBERS.

    Section 2102A(b) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) in the matter before subparagraph (A), as redesignated 
        by paragraph (1), by inserting ``(1)'' before ``The''; and
            (3) by adding at the end the following new paragraph (2):
    ``(2) Effective on October 1 of each year (beginning in 2011), the 
Secretary shall use the same percentage calculated pursuant to section 
2102(e) of this title to increase the amounts described in paragraph 
(1) of this subsection.''.

SEC. 305. EXPANSION OF ELIGIBILITY FOR PRESIDENTIAL MEMORIAL 
              CERTIFICATES TO PERSONS WHO DIED IN THE ACTIVE MILITARY, 
              NAVAL, OR AIR SERVICE.

    Section 112(a) is amended--
            (1) by inserting ``and persons who died in the active 
        military, naval, or air service,'' after ``under honorable 
        conditions,''; and
            (2) by striking ``veteran's'' and inserting ``deceased 
        individual's''.

SEC. 306. AUTOMATIC WAIVER OF AGENCY OF ORIGINAL JURISDICTION REVIEW OF 
              NEW EVIDENCE.

    (a) In General.--Section 7105 is amended by adding at the end the 
following new subsection:
    ``(e)(1) If, either at the time or after the agency of original 
jurisdiction receives a substantive appeal, the claimant or the 
claimant's representative, if any, submits evidence to either the 
agency of original jurisdiction or the Board of Veterans' Appeals for 
consideration in connection with the issue or issues with which 
disagreement has been expressed, such evidence shall be subject to 
initial review by the Board unless the claimant or the claimant's 
representative, as the case may be, requests in writing that the agency 
of original jurisdiction initially review such evidence.
    ``(2) A request for review of evidence under paragraph (1) shall 
accompany the submittal of the evidence.''.
    (b) Effective Date.--Subsection (e) of such section, as added by 
subsection (a), shall take effect on the date that is 180 days after 
the date of the enactment of this Act, and shall apply with respect to 
claims for which a substantive appeal is filed on or after the date 
that is 180 days after the date of the enactment of this Act.

SEC. 307. EXTENSION OF AUTHORITIES OF SECRETARY OF VETERANS AFFAIRS TO 
              USE INFORMATION FROM OTHER AGENCIES.

    (a) Authority To Obtain Information From Secretary of Treasury and 
Commissioner of Social Security for Income Verification Purposes.--
Section 5317(g) is amended by striking ``September 30, 2011'' and 
inserting ``September 30, 2016''.
    (b) Authority To Use Data Provided by Department of Health and 
Human Services for Purposes of Adjusting Veterans Benefits.--
            (1) In general.--Section 5317A(d) is amended by striking 
        ``September 30, 2011'' and inserting ``September 30, 2021''.
            (2) Conforming amendment.--Section 453(j)(11)(G) of the 
        Social Security Act (42 U.S.C. 653(j)(11)(G)) is amended by 
        striking ``September 30, 2011'' and inserting ``September 30, 
        2021''.

SEC. 308. EXTENSION OF AUTHORITY FOR REGIONAL OFFICE OF DEPARTMENT OF 
              VETERANS AFFAIRS IN REPUBLIC OF THE PHILIPPINES.

    Section 315(b) is amended by striking ``December 31, 2011'' and 
inserting ``December 31, 2012''.
                                 <all>