[Congressional Record Volume 157, Number 80 (Monday, June 6, 2011)]
[Senate]
[Pages S3502-S3507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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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