[Congressional Record Volume 157, Number 80 (Monday, June 6, 2011)]
[Senate]
[Pages S3499-S3507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. WYDEN (for himself, Mr. Enzi, Mr. Barrasso, and Mr.
Merkley):
S. 1144. A bill to amend the Soda Ash Royalty Reduction Act of 2006
to extend the reduced royalty rate for soda ash; to the Committee on
Energy and Natural Resources.
Mr. President, today my colleagues Sen. Barrasso, Sen. Enzi, Sen.
Merkley, and I are introducing the Soda Ash Competition Act. Soda ash,
or ``disodium carbonate'', is an industrial mineral used in the
production of glass and other products. In 2006, in response to efforts
by foreign competitors to subsidize non-U.S. production and gain
competitive advantages in the world market, including the partial
suspension of value added taxes, VAT, by China, Congress enacted
legislation to provide a partial suspension of Federal royalties on the
ore mined to produce soda ash on Federal lands for 5 years. This
royalty relief reduced the Federal royalty rate from 6 percent to 2
percent and helped U.S. soda ash producers to remain competitive in the
international market. Over the past 5 years, the U.S. industry has been
able
[[Page S3500]]
to invest hundreds of millions of dollars in production capacity and
maintain its market here and abroad. As a result, American companies
and workers have provided important economic activity here at home,
provided a U.S. export valued at nearly $1 billion a year, all while
continuing to generate tens of millions of dollars to the Treasury in
mineral royalties.
Foreign competition continues to be an issue for the U.S. soda ash
industry, including unfair manipulation of value added taxes that would
otherwise be levied on competing foreign supplies. In 2007, China
resumed its practice of suspending part of the 17 percent VAT on
synthetic soda ash to aid its domestic producers. On May 31, 2011,
members of both the House and Senate wrote to Commerce Secretary Gary
Locke and U.S. Trade Representative Ron Kirk requesting this unfair
trade practice be raised with China through the Joint Commission on
Commerce and Trade.
The current statutory royalty relief authority for soda ash expires
on October 12, 2011, and this bill would extend that authority for five
more years. The Department of Interior is currently preparing an
analysis, which will provide further information on the impact of the
current soda ash royalty relief and foreign competition on U.S.
producers. This study is required by the same 2006 law that authorized
the current royalty reduction in order to give Congress additional
information to consider a future extension. We had hoped that this
analysis would have been completed by now and first wrote to the
Secretary of Interior over a year ago seeking to expedite completion of
the Department's work. Unfortunately, the analysis has not been
completed and the statutory clock is ticking. My colleagues and I are
introducing the bill at this time because, given the looming deadline,
the Senate needs to begin examination of this matter sooner rather than
later.
We look forward to working with our colleagues on the Energy and
Natural Resources Committee and the Senate to address this issue before
time runs out on the current authority and U.S. soda ash production of
this important mineral loses this tool to offset foreign production
subsidies.
Mr. President, I ask unanimous consent that a letter of support be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Congress of the United States,
Washington, DC, May 31, 2011.
Hon. Gary Locke,
U.S. Secretary of Commerce, Constitution Ave., NW.,
Washington, DC.
Hon. Ron Kirk,
U.S. Trade Representative, 600 17th Street, NW.,
Washington, DC.
Dear Secretary Locke and Ambassador Kirk: We are writing to
express our continued concerns about China's use of a Value-
Added Tax (VAT) rebate to promote its soda ash industry at
the expense of U.S. exports. For over two years, China has
provided its domestic manufacturers with an artificial
incentive to export through a 9% rebate of the 17% VAT. For a
number of reasons, we ask that the issue of the soda ash VAT
rebate be specifically included on the JCCT agenda this fall.
After suspending its VAT rebate for soda ash in July 2007,
China reinstated the soda ash rebate in April 2009 to
encourage its own exports during the global economic crisis.
China's state-supported soda ash industry is the largest in
the world and this policy is harmful to its international
competitors, particularly U.S. soda ash manufacturers. As you
may know, U.S. soda ash has a natural advantage over Chinese
soda ash, based on a manufacturing process that is much more
sustainable in terms of environmental protection and energy
use than the synthetic processes used in China. China's
manipulation of the VAT rebate to support its domestic soda
ash industry also has wider implications--not only is it
economically unjustified, it contravenes China's own
interests in shifting energy resources from more productive
and efficient industries.
We must focus on Chinese policies that are a direct threat
to U.S. exports and U.S. jobs. The soda ash VAT rebate is one
such policy. Chinese exports compete directly with U.S. soda
ash exports in the Asia-Pacific market and beyond. Although
the VAT is just one part of China's overall industrial
policy, the soda ash VAT rebate is a distinct threat to U.S.
manufacturing in a sector where the United States enjoys a
natural competitive advantage. If we don't stand up for the
pillars of our export-based manufacturers like the soda ash
industry--and the U.S. workers employed throughout the soda
ash supply chain--we cannot seriously contend we are doing
everything we can to support U.S. exports.
We ask that the Department of Commerce and the U.S. Trade
Representative's Office ensure that the soda ash VAT rebate
is raised at the highest levels with Chinese officials at the
JCCT meetings this year. The message should be as clear as it
is convincing; namely, China should live up to its repeated
pledge to discourage the expansion of highly-polluting and
energy-intensive sectors such as its own soda ash industry.
Policies aimed at promoting soda ash exports, such as the VAT
rebate, are inconsistent with China's own stated goals and a
direct threat to U.S. interests.
We greatly appreciate your consideration of this request
and look forward to your response.
Senator Michael B. Enzi; Senator John Barrasso, M.D.;
Representative David Wu; Senator Joseph I. Lieberman;
Senator Robert Menendez; Representative Cynthia Lummis;
Senator Ron Wyden; Senator Jeff Merkley; Representative
James A. Himes; Senator Frank Lautenberg.
______
By Mr. LEAHY (for himself, Mr. Blumenthal, and Mr. Franken):
S. 1145. A bill to amend title 18, United States Code, to clarify and
expand Federal criminal jurisdiction over Federal contractors and
employees outside the United States, and for other purposes; to the
Committee on the Judiciary.
Mr. LEAHY. Mr. President, today, I reintroduce the Civilian
Extraterritorial Jurisdiction Act, CEJA. The United States has
dramatically more Government employees and contractors working overseas
than ever before, but the legal framework governing them is unclear and
outdated. To promote accountability, Congress must make sure that our
criminal laws reach serious misconduct by American Government employees
and contractors wherever they act. The Civilian Extraterritorial
Jurisdiction Act accomplishes this important and common sense goal by
allowing United States contractors and employees working overseas who
commit specific crimes to be tried and sentenced under U.S. law.
Tragic events in Iraq and Afghanistan highlight the need to
strengthen the laws providing for jurisdiction over American Government
employees and contractors working abroad. In September 2007, Blackwater
security contractors working for the State Department shot more than 20
unarmed civilians on the streets of Baghdad, killing at least 14 of
them, and causing a rift in our relations with the Iraqi government.
Efforts to prosecute those responsible for these shootings have been
fraught with difficulties, and our ability to hold the wrongdoers in
this case accountable remains in doubt.
I worked with Senator Sessions and others in 2000 to pass the
Military Extraterritorial Jurisdiction Act, MEJA, and then, again, to
amend it in 2004, so that U.S. criminal laws would extend to all
members of the U.S. military, to those who accompany them, and to
contractors who work with the military. That law provides criminal
jurisdiction over Defense Department employees and contractors, but it
does not explicitly cover people working for other Federal agencies,
like the Blackwater security contractors. Had jurisdiction in the
tragic Blackwater incident been clear, FBI agents likely would have
been on the scene immediately, which could well have prevented some of
the problems that have plagued the case.
Other incidents have made all too clear that the Blackwater case was
not an isolated incident. Private security contractors have been
involved in violent incidents and serious misconduct in Iraq and
Afghanistan, including other shooting incidents in which civilians have
been seriously injured or killed. As the military missions in Iraq and
Afghanistan wind down, MEJA will no longer cover the thousands of
contractors and employees who stay on. The legislation I introduce
today fills this gap.
Last month, the Senate Judiciary Committee heard testimony from the
Justice Department and from experts in the area of contractor
accountability about the many diplomatic and national security benefits
of expanding criminal jurisdiction over American employees and
contractors overseas. The hearing also explored how best to ensure that
our Nation's intelligence activities would not be impaired by CEJA. The
legislation I propose today has been carefully crafted to ensure that
the intelligence community can continue its activities unimpeded.
[[Page S3501]]
This bill would also provide greater protection to Americans, as it
would lead to more accountability for crimes committed by U.S.
government contractors and employees against Americans working abroad.
In the last Congress, the Committee heard testimony from Jamie Leigh
Jones, a young woman from Texas who took a job with Halliburton in Iraq
in 2005 when she was 20 years old. In her first week on the job, she
was drugged and gang-raped by coworkers. When she reported this
assault, her employers moved her to a locked trailer, where she was
kept by armed guards and freed only when the State Department
intervened.
Ms. Jones testified about the arbitration clause in her contract that
prevented her from suing Halliburton for this outrageous conduct, and
Congress has moved to change the civil law to prevent that kind of
injustice. Criminal jurisdiction over these kinds of atrocious crimes
abroad, however, remains complicated and depends too greatly on the
specific location of the crime, which makes prosecutions inconsistent
and sometimes impossible. We must fix the law to help avoid arbitrary
injustice and ensure that victims will not see their attackers escape
accountability.
Ensuring criminal accountability will also improve our national
security and protect Americans overseas. Importantly, in those
instances where the local justice system may be less than fair, this
explicit jurisdiction will also protect Americans by providing the
option of prosecuting them in the United States, rather than leaving
them subject to hostile and unpredictable local courts. Our allies,
including those countries most essential to our counter-terrorism and
national security efforts, work best with us when we hold our own
accountable.
In the past, legislation in this area has been bipartisan. I hope
Senators of both parties will work together to pass this important
reform.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1145
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civilian Extraterritorial
Jurisdiction Act (CEJA) of 2011''.
SEC. 2. CLARIFICATION AND EXPANSION OF FEDERAL JURISDICTION
OVER FEDERAL CONTRACTORS AND EMPLOYEES.
(a) Extraterritorial Jurisdiction Over Federal Contractors
and Employees.--
(1) In general.--Chapter 212A of title 18, United States
Code, is amended--
(A) by transferring the text of section 3272 to the end of
section 3271, redesignating such text as subsection (c) of
section 3271, and, in such text, as so redesignated, by
striking ``this chapter'' and inserting ``this section'';
(B) by striking the heading of section 3272; and
(C) by adding after section 3271, as amended by this
paragraph, the following new sections:
``Sec. 3272. Offenses committed by Federal contractors and
employees outside the United States
``(a) Whoever, while employed by or accompanying any
department or agency of the United States other than the
Department of Defense, knowingly engages in conduct (or
conspires or attempts to engage in conduct) outside the
United States that would constitute an offense enumerated in
subsection (c) had the conduct been engaged in within the
United States or within the special maritime and territorial
jurisdiction of the United States shall be punished as
provided for that offense.
``(b) No prosecution for an offense may be commenced
against a person under this section if a foreign government,
in accordance with jurisdiction recognized by the United
States, has prosecuted or is prosecuting such person for the
conduct constituting the offense, except upon the approval of
the Attorney General or the Deputy Attorney General (or a
person acting in either such capacity), which function of
approval may not be delegated.
``(c) The offenses covered by subsection (a) are the
following:
``(1) Any offense under chapter 5 (arson) of this title.
``(2) Any offense under section 111 (assaulting, resisting,
or impeding certain officers or employees), 113 (assault
within maritime and territorial jurisdiction), or 114
(maiming within maritime and territorial jurisdiction) of
this title, but only if the offense is subject to a maximum
sentence of imprisonment of one year or more.
``(3) Any offense under section 201 (bribery of public
officials and witnesses) of this title.
``(4) Any offense under section 499 (military, naval, or
official passes) of this title.
``(5) Any offense under section 701 (official badges,
identifications cards, and other insignia), 702 (uniform of
armed forces and Public Health Service), 703 (uniform of
friendly nation), or 704 (military medals or decorations) of
this title.
``(6) Any offense under chapter 41 (extortion and threats)
of this title, but only if the offense is subject to a
maximum sentence of imprisonment of three years or more.
``(7) Any offense under chapter 42 (extortionate credit
transactions) of this title.
``(8) Any offense under section 924(c) (use of firearm in
violent or drug trafficking crime) or 924(o) (conspiracy to
violate section 924(c)) of this title.
``(9) Any offense under chapter 50A (genocide) of this
title.
``(10) Any offense under section 1111 (murder), 1112
(manslaughter), 1113 (attempt to commit murder or
manslaughter), 1114 (protection of officers and employees of
the United States), 1116 (murder or manslaughter of foreign
officials, official guests, or internationally protected
persons), 1117 (conspiracy to commit murder), or 1119
(foreign murder of United States nationals) of this title.
``(11) Any offense under chapter 55 (kidnapping) of this
title.
``(12) Any offense under section 1503 (influencing or
injuring officer or juror generally), 1505 (obstruction of
proceedings before departments, agencies, and committees),
1510 (obstruction of criminal investigations), 1512
(tampering with a witness, victim, or informant), or 1513
(retaliating against a witness, victim, or an informant) of
this title.
``(13) Any offense under section 1951 (interference with
commerce by threats or violence), 1952 (interstate and
foreign travel or transportation in aid of racketeering
enterprises), 1956 (laundering of monetary instruments), 1957
(engaging in monetary transactions in property derived from
specified unlawful activity), 1958 (use of interstate
commerce facilities in the commission of murder for hire), or
1959 (violent crimes in aid of racketeering activity) of this
title.
``(14) Any offense under section 2111 (robbery or burglary
within special maritime and territorial jurisdiction) of this
title.
``(15) Any offense under chapter 109A (sexual abuse) of
this title.
``(16) Any offense under chapter 113B (terrorism) of this
title.
``(17) Any offense under chapter 113C (torture) of this
title.
``(18) Any offense under chapter 115 (treason, sedition,
and subversive activities) of this title.
``(19) Any offense under section 2442 (child soldiers) of
this title.
``(20) Any offense under section 401 (manufacture,
distribution, or possession with intent to distribute a
controlled substance) or 408 (continuing criminal enterprise)
of the Controlled Substances Act (21 U.S.C. 841, 848), or
under section 1002 (importation of controlled substances),
1003 (exportation of controlled substances), or 1010 (import
or export of a controlled substance) of the Controlled
Substances Import and Export Act (21 U.S.C. 952, 953, 960),
but only if the offense is subject to a maximum sentence of
imprisonment of 20 years or more.
``(d) In this section:
``(1) The term `employed by any department or agency of the
United States other than the Department of Defense' means--
``(A) employed as a civilian employee, a contractor
(including a subcontractor at any tier), an employee of a
contractor (or a subcontractor at any tier), a grantee
(including a contractor of a grantee or a subgrantee or
subcontractor at any tier), or an employee of a grantee (or a
contractor of a grantee or a subgrantee or subcontractor at
any tier) of any department or agency of the United States
other than the Department of Defense;
``(B) present or residing outside the United States in
connection with such employment;
``(C) in the case of such a contractor, contractor
employee, grantee, or grantee employee, such employment
supports a program, project, or activity for a department or
agency of the United States; and
``(D) not a national of or ordinarily resident in the host
nation.
``(2) The term `accompanying any department or agency of
the United States other than the Department of Defense'
means--
``(A) a dependant, family member, or member of household
of--
``(i) a civilian employee of any department or agency of
the United States other than the Department of Defense; or
``(ii) a contractor (including a subcontractor at any
tier), an employee of a contractor (or a subcontractor at any
tier), a grantee (including a contractor of a grantee or a
subgrantee or subcontractor at any tier), or an employee of a
grantee (or a contractor of a grantee or a subgrantee or
subcontractor at any tier) of any department or agency of the
United States other than the Department of Defense, which
contractor, contractor employee, grantee, or grantee employee
is supporting a program, project, or activity for a
department or agency of the United States other than the
Department of Defense;
``(B) residing with such civilian employee, contractor,
contractor employee, grantee, or grantee employee outside the
United States; and
``(C) not a national of or ordinarily resident in the host
nation.
[[Page S3502]]
``(3) The term `grant agreement' means a legal instrument
described in section 6304 or 6305 of title 31, other than an
agreement between the United States and a State, local, or
foreign government or an international organization.
``(4) The term `grantee' means a party, other than the
United States, to a grant agreement.
``(5) The term `host nation' means the country outside of
the United States where the employee or contractor resides,
the country where the employee or contractor commits the
alleged offense at issue, or both.
``Sec. 3273. Regulations
``The Attorney General, after consultation with the
Secretary of Defense, the Secretary of State, and the
Director of National Intelligence, shall prescribe
regulations governing the investigation, apprehension,
detention, delivery, and removal of persons described in
sections 3271 and 3272 of this title.''.
(2) Conforming amendment.--Subparagraph (A) of section
3267(1) of such title is amended to read as follows:
``(A) employed as a civilian employee, a contractor
(including a subcontractor at any tier), or an employee of a
contractor (or a subcontractor at any tier) of the Department
of Defense (including a nonappropriated fund instrumentality
of the Department);''.
(b) Venue.--Chapter 211 of such title is amended by adding
at the end the following new section:
``Sec. 3245. Optional venue for offenses involving Federal
employees and contractors overseas
``In addition to any venue otherwise provided in this
chapter, the trial of any offense involving a violation of
section 3261, 3271, or 3272 of this title may be brought--
``(1) in the district in which is headquartered the
department or agency of the United States that employs the
offender, or any one of two or more joint offenders, or
``(2) in the district in which is headquartered the
department or agency of the United States that the offender
is accompanying, or that any one of two or more joint
offenders is accompanying.''.
(c) Suspension of Statute of Limitations.--Chapter 213 of
such title is amended by inserting after section 3287 the
following new section:
``Sec. 3287A. Suspension of limitations for offenses
involving Federal employees and contractors overseas
``The time during which a person who has committed an
offense constituting a violation of section 3272 of this
title is outside the United States, or is a fugitive from
justice within the meaning of section 3290 of this title,
shall not be taken as any part of the time limited by law for
commencement of prosecution of the offense.''.
(d) Clerical Amendments.--
(1) Heading amendment.--The heading of chapter 212A of such
title is amended to read as follows:
``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER OFFENSES OF
CONTRACTORS AND CIVILIAN EMPLOYEES OF THE FEDERAL GOVERNMENT''.
(2) Tables of sections.--(A) The table of sections at the
beginning of chapter 211 of such title is amended by adding
at the end the following new item:
``3245. Optional venue for offenses involving Federal employees and
contractors overseas.''.
(B) The table of sections at the beginning of chapter 212A
of such title is amended by striking the item relating to
section 3272 and inserting the following new items:
``3272. Offenses committed by Federal contractors and employees outside
the United States.
``3273. Regulations.''.
(C) The table of sections at the beginning of chapter 213
of such title is amended by inserting after the item relating
to section 3287 the following new item:
``3287A. Suspension of limitations for offenses involving Federal
employees and contractors overseas.''.
(3) Table of chapters.--The item relating to chapter 212A
in the table of chapters at the beginning of part II of such
title is amended to read as follows:
``212A. Extraterritorial Jurisdiction Over Offenses of Contractors and
Civilian Employees of the Federal Government............3271''.....
SEC. 3. INVESTIGATIVE TASK FORCES FOR CONTRACTOR AND EMPLOYEE
OVERSIGHT.
(a) Establishment of Investigative Task Forces for
Contractor and Employee Oversight.--
(1) In general.--The Attorney General, in consultation with
the Secretary of Defense, the Secretary of State, the
Secretary of Homeland Security, and the heads of any other
departments or agencies of the Federal Government responsible
for employing contractors or persons overseas shall assign
adequate personnel and resources, including through the
creation of task forces, to investigate allegations of
criminal offenses under chapter 212A of title 18, United
States Code (as amended by section 2(a) of this Act), and may
authorize the overseas deployment of law enforcement agents
and other government personnel for that purpose.
(2) Rule of construction.--Nothing in this subsection shall
be construed to limit any authority of the Attorney General
or any Federal law enforcement agency to investigate
violations of Federal law or deploy personnel overseas.
(b) Responsibilities of Attorney General.--
(1) Investigation.--The Attorney General shall have
principal authority for the enforcement of chapter 212A of
title 18, United States Code (as so amended), and shall have
the authority to initiate, conduct, and supervise
investigations of any alleged offenses under such chapter.
(2) Law enforcement authority.--With respect to violations
of sections 3271 and 3272 of title 18, United States Code (as
so amended), the Attorney General may authorize any person
serving in a law enforcement position in any other department
or agency of the Federal Government, including a member of
the Diplomatic Security Service of the Department of State or
a military police officer of the Armed Forces, to exercise
investigative and law enforcement authority, including those
powers that may be exercised under section 3052 of title 18,
United States Code, subject to such guidelines or policies as
the Attorney General considers appropriate for the exercise
of such powers.
(3) Prosecution.--The Attorney General may establish such
procedures the Attorney General considers appropriate to
ensure that Federal law enforcement agencies refer offenses
under section 3271 or 3272 of title 18, United States Code
(as so amended), to the Attorney General for prosecution in a
uniform and timely manner.
(4) Assistance on request of attorney general.--
Notwithstanding any statute, rule, or regulation to the
contrary, the Attorney General may request assistance from
the Secretary of Defense, the Secretary of State, or the head
of any other Executive agency to enforce section 3271 or 3272
of title 18, United States Code (as so amended). The
assistance requested may include the following:
(A) The assignment of additional personnel and resources to
task forces established by the Attorney General under
subsection (a).
(B) An investigation into alleged misconduct or arrest of
an individual suspected of alleged misconduct by agents of
the Diplomatic Security Service of the Department of State
present in the nation in which the alleged misconduct occurs.
(5) Annual report.--Not later than one year after the date
of the enactment of this Act, and annually thereafter for
five years, the Attorney General shall, in consultation with
the Secretary of Defense and the Secretary of State, submit
to Congress a report containing the following:
(A) The number of prosecutions under chapter 212A of title
18, United States Code (as so amended), including the nature
of the offenses and any dispositions reached, during the
previous year.
(B) The actions taken to implement subsection (a)(1),
including the organization and training of personnel and the
use of task forces, during the previous year.
(C) Such recommendations for legislative or administrative
action as the President considers appropriate to enforce
chapter 212A of title 18, United States Code (as so amended),
and the provisions of this section.
(c) Executive Agency.--In this section, the term
``Executive agency'' has the meaning given that term in
section 105 of title 5, United States Code.
SEC. 4. EFFECTIVE DATE.
(a) Immediate Effectiveness.--This Act and the amendments
made by this Act shall take effect on the date of the
enactment of this Act.
(b) Implementation.--The Attorney General and the head of
any other department or agency of the Federal Government to
which this Act applies shall have 90 days after the date of
the enactment of this Act to ensure compliance with the
provisions of this Act.
SEC. 5. RULES OF CONSTRUCTION.
(a) In General.--Nothing in this Act or any amendment made
by this Act shall be construed--
(1) to limit or affect the application of extraterritorial
jurisdiction related to any other Federal law; or
(2) to limit or affect any authority or responsibility of a
Chief of Mission as provided in section 207 of the Foreign
Service Act of 1980 (22 U.S.C. 3927).
(b) Intelligence Activities.--Nothing in this Act or any
amendment made by this Act shall be construed--
(1) to apply to authorized intelligence activities that are
carried out by or on behalf of any element of the
intelligence community (as that term is defined in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))
and conducted in accordance with the United States laws,
authorities, and regulations governing such intelligence
activities; or
(2) to provide immunity or an affirmative defense to an
individual solely on the basis that the individual is working
for or on behalf of the intelligence community.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
For each of the fiscal years 2012 through 2017, there are
authorized to be appropriated to the Attorney General such
sums as are necessary to carry out this Act.
______
By Mrs. MURRAY:
S. 1148. 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
[[Page S3503]]
purposes of receiving benefits under laws administered by the Secretary
of Veterans Affairs, and for other purposes.
Mrs. MURRAY. Mr. President, today, as Chairman of the Senate
Committee on Veterans' Affairs, I am pleased to introduce the Veterans
Programs Improvement Act of 2011.
The bill I am introducing today would allow the Department of
Veterans Affairs to continue the important work of ending veteran
homelessness, improve the quality of the fiduciary program administered
by VA, improve claims processing and make a number of other
improvements to VA programs. This statement is not a full summary of
all the provisions within this legislation. However, I would like to
provide an overview of the major benefits this legislation would
provide.
The administration recently reported that as many as 76,000 veterans
experienced homelessness on a given night in 2009. Many of these
veterans face significant challenges such as mental illness, physical
disability, and substance abuse. In order to heal and remain in stable
housing, these veterans will need a great deal of support. I want to
commend the VA for working tirelessly to reduce the number of veterans
sleeping in the streets. We are certainly off to a good start, but I
recognize that there is still much more work to be done.
This bill will extend the life and improve upon several critical
programs in the ongoing effort to get homeless veterans off the streets
and into secure housing. Current law requires that VA diagnose
``serious mental illness'' or a ``substance abuse issue'' before it can
use its authority to contract for emergency shelter services. In the
tough economic times this country is experiencing, homeless veterans in
need of these services do not always suffer from serious mental illness
or substance abuse issues, and would not be eligible. This legislation
will ensure that these services are available to all homeless veterans
who need them.
One of the keys to ending veteran homelessness is VA's Grant and Per
Diem program, which was established to assist public and nonprofit
private entities in furnishing services to homeless veterans. This bill
will enhance this essential program by allowing grant funds to be used
for new construction, in addition to currently approved uses such as
expansion, remodeling, and acquisition. It will also allow grant funds
to be used as a match for funding from other sources, and will require
VA to take a hard look at how per diem payments are made in order to
recommend improvements. This bill also seeks to include male homeless
veterans with minor dependents as an additional population with special
needs, for eligibility under VA's special needs grant program.
The unemployment rate for returning veterans has reached as high as
high as one in five this year. Sadly, we are seeing some of these new
veterans appearing in homeless shelters. This is not just a VA problem,
nor is it just a HUD problem--we all have an obligation to collaborate
and address these unmet needs. To better assist in the effort to end
homelessness among veterans, Congress needs more details surrounding
the plan to end veteran homelessness. This legislation would require
the Administration to expand upon their existing plan and submit a plan
that includes details, such as a timeline, benchmarks, and
recommendations. We will only be successful if we can work together to
provide the appropriate tools to ensure access to medical care,
affordable housing, and education and jobs.
Committee oversight has identified claims where frustrated families
of veterans and survivors with severe dementia, such as those who seek
VA pension benefits for home or institutional care see months go by
because VA refuses to accept signatures from representatives or family
caregivers. The situation is sometimes resolved by having the claimant
mark an ``X'' or sign a claims form even when the claimant lacks the
ability to understand what is written on the form. In other cases, it
appeared that the caregiver gave up and no benefits were paid to
otherwise eligible beneficiaries. This is unacceptable treatment for
some of our most vulnerable veterans, and my legislation would improve
the quality of VA's fiduciary program.
This legislation would make a number of additional improvements to VA
programs. It would grow certain servicemembers to be eligible for a VA
guaranteed home loan. Right now, to satisfy the occupancy requirement
for a VA home loan, a veteran or servicemember or their spouse must be
living in the home. Under this standard, a servicemember who is a
single parent and is away on active duty is not eligible for a
guaranteed home loan, even if that veteran's child is living in the
home. This is unfair and wrong. Under this bill, a servicemember or
veteran's dependent child will now satisfy the occupancy requirement.
This change will help our servicemen and women better use their VA home
loan benefits.
It is important that our disabled veterans face as few barriers as
possible when attempting to obtain VA home loans. My legislation would
allow an individual to receive a fee waiver if, during a pre-discharge
program, he or she receives a disability rating for purposes of VA
compensation based on existing medical evidence, such as service
medical and treatment records. This change would allow an eligible
individual to purchase a home without having to pay a VA funding fee,
even if he or she has not undergone a pre-discharge examination or a VA
disability evaluation. Specially Adapted Housing assistance provides
critical support for our veterans in need. This bill extends VA's
authority to provide Specially Adapted Housing assistance to eligible
veterans who are residing temporarily with family members. In addition,
the assistance provided to such veterans would be annually adjusted
based on a cost-of-construction index already in effect for other
Specially Adapted Housing grants.
By honoring servicemembers who have died while on active duty, we
ensure that their sacrifice and service will never be forgotten.
Providing a presidential memorial certificate to the survivors of
fallen servicemembers is one such way for our country to honor their
service. Under current law, survivors of active duty servicemembers who
have died are not eligible to receive a presidential memorial
certificate. This is because eligibility is limited to survivors of
veterans who were discharged under honorable conditions. Because a
servicemember who died in active service is not defined by law as a
``veteran,'' his or her survivors are not eligible to receive a
memorial certificate. This bill would authorize VA to provide a
presidential memorial certificate to the next of kin, relatives, or
friends of servicemembers who have fallen while on active duty. In so
doing, we express our country's deepest thanks for that servicemember's
ultimate sacrifice.
Addressing the claims backlog and ensuring veterans receive the
benefits they have earned is one of my top priorities. One of the
reasons for the unreasonably long delays that occur in VA decision-
making is the time it takes, often in excess of one and a half years,
for the VA to forward an appeal to the Board of Veterans' Appeals. This
bill would waive agency of original jurisdiction review over new
evidence submitted after a veteran has filed a substantive appeal,
unless the veteran requests it. Presuming a waiver of AOJ review would
improve the timeliness of processing appeals, while at the same time
preserve the veteran's right to request initial review by the AOJ,
should he or she so desire.
This is not a full summary of all the provisions within this
legislation. However, I hope that I have provided an appropriate
overview of the major benefits this legislation would provide.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1148
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.
[[Page S3504]]
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.
[[Page S3505]]
(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
[[Page S3506]]
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.''.
[[Page S3507]]
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''.
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