[Congressional Record Volume 158, Number 115 (Tuesday, July 31, 2012)]
[House]
[Pages H5416-H5432]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HONORING AMERICA'S VETERANS AND CARING FOR CAMP LEJEUNE FAMILIES ACT OF
2012
Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and
concur in the Senate amendments to the bill (H.R. 1627) to amend title
38, United States Code, to provide for certain requirements for the
placement of monuments in Arlington National Cemetery, and for other
purposes.
The Clerk read the title of the bill.
The text of the Senate amendments is as follows:
Senate amendments:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Honoring
America's Veterans and Caring for Camp Lejeune Families Act
of 2012''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
Sec. 3. Scoring of budgetary effects.
TITLE I--HEALTH CARE MATTERS
Sec. 101. Short title.
Sec. 102. Hospital care and medical services for veterans stationed at
Camp Lejeune, North Carolina.
Sec. 103. Authority to waive collection of copayments for telehealth
and telemedicine visits of veterans.
Sec. 104. Temporary expansion of payments and allowances for
beneficiary travel in connection with veterans receiving
care from Vet Centers.
Sec. 105. Contracts and agreements for nursing home care.
Sec. 106. Comprehensive policy on reporting and tracking sexual assault
incidents and other safety incidents.
Sec. 107. Rehabilitative services for veterans with traumatic brain
injury.
Sec. 108. Teleconsultation and telemedicine.
Sec. 109. Use of service dogs on property of the Department of Veterans
Affairs.
Sec. 110. Recognition of rural health resource centers in Office of
Rural Health.
Sec. 111. Improvements for recovery and collection of amounts for
Department of Veterans Affairs Medical Care Collections
Fund.
Sec. 112. Extension of authority for copayments.
Sec. 113. Extension of authority for recovery of cost of certain care
and services.
TITLE II--HOUSING MATTERS
Sec. 201. Short title.
Sec. 202. Temporary expansion of eligibility for specially adapted
housing assistance for certain veterans with disabilities
causing difficulty with ambulating.
Sec. 203. Expansion of eligibility for specially adapted housing
assistance for veterans with vision impairment.
Sec. 204. Revised limitations on assistance furnished for acquisition
and adaptation of housing for disabled veterans.
Sec. 205. Improvements to assistance for disabled veterans residing in
housing owned by a family member.
Sec. 206. Department of Veterans Affairs housing loan guarantees for
surviving spouses of certain totally disabled veterans.
Sec. 207. Occupancy of property by dependent child of veteran for
purposes of meeting occupancy requirement for Department
of Veterans Affairs housing loans.
Sec. 208. Making permanent project for guaranteeing of adjustable rate
mortgages.
Sec. 209. Making permanent project for insuring hybrid adjustable rate
mortgages.
Sec. 210. Waiver of loan fee for individuals with disability ratings
issued during pre-discharge programs.
Sec. 211. Modification of authorities for enhanced-use leases of real
property.
TITLE III--HOMELESS MATTERS
Sec. 301. Enhancement of comprehensive service programs.
Sec. 302. 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. 303. Modification of grant program for homeless veterans with
special needs.
Sec. 304. Collaboration in provision of case management services to
homeless veterans in supported housing program.
Sec. 305. Extensions of previously fully funded authorities affecting
homeless veterans.
TITLE IV--EDUCATION MATTERS
Sec. 401. Aggregate amount of educational assistance available to
individuals who receive both survivors' and dependents'
educational assistance and other veterans and related
educational assistance.
Sec. 402. Annual reports on Post-9/11 Educational Assistance Program
and Survivors' and Dependents' Educational Assistance
Program.
TITLE V--BENEFITS MATTERS
Sec. 501. Automatic waiver of agency of original jurisdiction review of
new evidence.
Sec. 502. Authority for certain persons to sign claims filed with
Secretary of Veterans Affairs on behalf of claimants.
Sec. 503. Improvement of process for filing jointly for social security
and dependency and indemnity compensation.
Sec. 504. Authorization of use of electronic communication to provide
notice to claimants for benefits under laws administered
by the Secretary of Veterans Affairs.
Sec. 505. Duty to assist claimants in obtaining private records.
Sec. 506. Authority for retroactive effective date for awards of
disability compensation in connection with applications
that are fully-developed at submittal.
Sec. 507. Modification of month of death benefit for surviving spouses
of veterans who die while entitled to compensation or
pension.
Sec. 508. Increase in rate of pension for disabled veterans married to
one another and both of whom require regular aid and
attendance.
Sec. 509. Exclusion of certain reimbursements of expenses from
determination of annual income with respect to pensions
for veterans and surviving spouses and children of
veterans.
TITLE VI--MEMORIAL, BURIAL, AND CEMETERY MATTERS
Sec. 601. Prohibition on disruptions of funerals of members or former
members of the Armed Forces.
Sec. 602. Codification of prohibition against reservation of gravesites
at Arlington National Cemetery.
Sec. 603. Expansion of eligibility for presidential memorial
certificates to persons who died in the active military,
naval, or air service.
Sec. 604. Requirements for the placement of monuments in Arlington
National Cemetery.
TITLE VII--OTHER MATTERS
Sec. 701. Assistance to veterans affected by natural disasters.
Sec. 702. Extension of certain expiring provisions of law.
Sec. 703. Requirement for plan for regular assessment of employees of
Veterans Benefits Administration who handle processing of
claims for compensation and pension.
Sec. 704. Modification of provision relating to reimbursement rate for
ambulance services.
Sec. 705. Change in collection and verification of veteran income.
Sec. 706. Department of Veterans Affairs enforcement penalties for
misrepresentation of a business concern as a small
business concern owned and controlled by veterans or as a
small business concern owned and controlled by service-
disabled veterans.
Sec. 707. Quarterly reports to Congress on conferences sponsored by the
Department.
Sec. 708. Publication of data on employment of certain veterans by
Federal contractors.
Sec. 709. VetStar Award Program.
Sec. 710. Extended period of protections for members of uniformed
services relating to mortgages, mortgage foreclosure, and
eviction.
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.
[[Page H5417]]
SEC. 3. SCORING OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
TITLE I--HEALTH CARE MATTERS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Janey Ensminger Act''.
SEC. 102. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS
STATIONED AT CAMP LEJEUNE, NORTH CAROLINA.
(a) Hospital Care and Medical Services for Veterans.--
(1) In general.--Paragraph (1) of section 1710(e) is
amended by adding at the end the following new subparagraph:
``(F) Subject to paragraph (2), a veteran who served on
active duty in the Armed Forces at Camp Lejeune, North
Carolina, for not fewer than 30 days during the period
beginning on January 1, 1957, and ending on December 31,
1987, is eligible for hospital care and medical services
under subsection (a)(2)(F) for any of the following illnesses
or conditions, notwithstanding that there is insufficient
medical evidence to conclude that such illnesses or
conditions are attributable to such service:
``(i) Esophageal cancer.
``(ii) Lung cancer.
``(iii) Breast cancer.
``(iv) Bladder cancer.
``(v) Kidney cancer.
``(vi) Leukemia.
``(vii) Multiple myeloma.
``(viii) Myleodysplasic syndromes.
``(ix) Renal toxicity.
``(x) Hepatic steatosis.
``(xi) Female infertility.
``(xii) Miscarriage.
``(xiii) Scleroderma.
``(xiv) Neurobehavioral effects.
``(xv) Non-Hodgkin's lymphoma.''.
(2) Limitation.--Paragraph (2)(B) of such section is
amended by striking ``or (E)'' and inserting ``(E), or (F)''.
(b) Family Members.--
(1) In general.--Subchapter VIII of chapter 17 is amended
by adding at the end the following new section:
``Sec. 1787. Health care of family members of veterans
stationed at Camp Lejeune, North Carolina
``(a) In General.--Subject to subsection (b), a family
member of a veteran described in subparagraph (F) of section
1710(e)(1) of this title who resided at Camp Lejeune, North
Carolina, for not fewer than 30 days during the period
described in such subparagraph or who was in utero during
such period while the mother of such family member resided at
such location shall be eligible for hospital care and medical
services furnished by the Secretary for any of the illnesses
or conditions described in such subparagraph, notwithstanding
that there is insufficient medical evidence to conclude that
such illnesses or conditions are attributable to such
residence.
``(b) Limitations.--(1) The Secretary may only furnish
hospital care and medical services under subsection (a) to
the extent and in the amount provided in advance in
appropriations Acts for such purpose.
``(2) Hospital care and medical services may not be
furnished under subsection (a) for an illness or condition of
a family member that is found, in accordance with guidelines
issued by the Under Secretary for Health, to have resulted
from a cause other than the residence of the family member
described in that subsection.
``(3) The Secretary may provide reimbursement for hospital
care or medical services provided to a family member under
this section only after the family member or the provider of
such care or services has exhausted without success all
claims and remedies reasonably available to the family member
or provider against a third party (as defined in section
1725(f) of this title) for payment of such care or services,
including with respect to health-plan contracts (as defined
in such section).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1786 the following new item:
``1787. Health care of family members of veterans stationed at Camp
Lejeune, North Carolina.''.
(c) Annual Reports.--
(1) In general.--Not later than December 31 of each of
2013, 2014, and 2015, the Secretary of Veterans Affairs shall
submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a report on the care and services provided
under sections 1710(e)(1)(F) and 1787 of title 38, United
States Code (as added by subsections (a) and (b)(1),
respectively).
(2) Elements.--Each report under paragraph (1) shall set
forth the following:
(A) The number of veterans and family members provided
hospital care and medical services under the provisions of
law specified in paragraph (1) during the period beginning on
October 1, 2012, and ending on the date of such report.
(B) The illnesses, conditions, and disabilities for which
care and services have been provided such veterans and family
members under such provisions of law during that period.
(C) The number of veterans and family members who applied
for care and services under such provisions of law during
that period but were denied, including information on the
reasons for such denials.
(D) The number of veterans and family members who applied
for care and services under such provisions of law and are
awaiting a decision from the Secretary on eligibility for
such care and services as of the date of such report.
(d) Effective Date.--
(1) In general.--The provisions of this section and the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Applicability.--Subparagraph (F) of section 1710(e)(1)
of such title, as added by subsection (a), and section 1787
of title 38, United States Code, as added by subsection
(b)(1), shall apply with respect to hospital care and medical
services provided on or after the date of the enactment of
this Act.
SEC. 103. AUTHORITY TO WAIVE COLLECTION OF COPAYMENTS FOR
TELEHEALTH AND TELEMEDICINE VISITS OF VETERANS.
(a) In General.--Subchapter III of chapter 17 is amended by
inserting after section 1722A the following new section:
``Sec. 1722B. Copayments: waiver of collection of copayments
for telehealth and telemedicine visits of veterans
``The Secretary may waive the imposition or collection of
copayments for telehealth and telemedicine visits of veterans
under the laws administered by the Secretary.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1722A the following new item:
``1722B. Copayments: waiver of collection of copayments for telehealth
and telemedicine visits of veterans.''.
SEC. 104. TEMPORARY EXPANSION OF PAYMENTS AND ALLOWANCES FOR
BENEFICIARY TRAVEL IN CONNECTION WITH VETERANS
RECEIVING CARE FROM VET CENTERS.
(a) In General.--Beginning one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall commence a three-year initiative to assess the
feasibility and advisability of paying under section 111(a)
of title 38, United States Code, the actual necessary
expenses of travel or allowances for travel from a residence
located in an area that is designated by the Secretary as
highly rural to the nearest Vet Center and from such Vet
Center to such residence.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the completion of the initiative, the Secretary shall submit
to Congress a report on the findings of the Secretary with
respect to the initiative required by subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the individuals who benefitted from
payment under the initiative.
(B) A description of any impediments to the Secretary in
paying expenses or allowances under the initiative.
(C) A description of any impediments encountered by
individuals in receiving such payments.
(D) An assessment of the feasibility and advisability of
paying such expenses or allowances.
(E) An assessment of any fraudulent receipt of payment
under the initiative and the recommendations of the Secretary
for legislative or administrative action to reduce such
fraud.
(F) Such recommendations for legislative or administrative
action as the Secretary considers appropriate with respect to
the payment of expenses or allowances as described in
subsection (a).
(c) Vet Center Defined.--In this section, the term ``Vet
Center'' means a center for readjustment counseling and
related mental health services for veterans under section
1712A of title 38, United States Code.
SEC. 105. CONTRACTS AND AGREEMENTS FOR NURSING HOME CARE.
(a) Contracts.--Section 1745(a) is amended--
(1) in paragraph (1), by striking ``The Secretary shall pay
each State home for nursing home care at the rate determined
under paragraph (2)'' and inserting ``The Secretary shall
enter into a contract (or agreement under section 1720(c)(1)
of this title) with each State home for payment by the
Secretary for nursing home care provided in the home''; and
(2) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) Payment under each contract (or agreement) between
the Secretary and a State home under paragraph (1) shall be
based on a methodology, developed by the Secretary in
consultation with the State home, to adequately reimburse the
State home for the care provided by the State home under the
contract (or agreement).''.
(b) Agreements.--Section 1720(c)(1)(A) is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iii) a provider of services eligible to enter into a
contract pursuant to section 1745(a) of this title that is
not otherwise described in clause (i) or (ii).''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to care provided on or after the date that is 180 days
after the date of the enactment of this Act.
(2) Maintenance of prior methodology of reimbursement for
certain state homes.--In the case of a State home that
provided nursing home care on the day before the date of the
enactment of this Act for which the State home was eligible
for pay under section 1745(a)(1) of title 38, United States
Code, at the request of any State home, the Secretary shall
offer to enter into a contract (or agreement described in
such section) with such State home under such
[[Page H5418]]
section, as amended by subsection (a), for payment for
nursing home care provided by such State home under such
section that reflects the overall methodology of
reimbursement for such care that was in effect for such State
home on the day before the date of the enactment of this Act.
SEC. 106. COMPREHENSIVE POLICY ON REPORTING AND TRACKING
SEXUAL ASSAULT INCIDENTS AND OTHER SAFETY
INCIDENTS.
(a) Policy.--Subchapter I of chapter 17 is amended by
adding at the end the following:
``Sec. 1709. Comprehensive policy on reporting and tracking
sexual assault incidents and other safety incidents
``(a) Policy Required.--(1) Not later than September 30,
2012, the Secretary shall develop and implement a centralized
and comprehensive policy on the reporting and tracking of
sexual assault incidents and other safety incidents that
occur at each medical facility of the Department, including--
``(A) suspected, alleged, attempted, or confirmed cases of
sexual assault, regardless of whether such assaults lead to
prosecution or conviction;
``(B) criminal and purposefully unsafe acts;
``(C) alcohol or substance abuse related acts (including by
employees of the Department); and
``(D) any kind of event involving alleged or suspected
abuse of a patient.
``(2) In developing and implementing a policy under
paragraph (1), the Secretary shall consider the effects of
such policy on--
``(A) the use by veterans of mental health care and
substance abuse treatments; and
``(B) the ability of the Department to refer veterans to
such care or treatment.
``(b) Scope.--The policy required by subsection (a) shall
cover each of the following:
``(1) For purposes of reporting and tracking sexual assault
incidents and other safety incidents, definitions of the
terms--
``(A) `safety incident';
``(B) `sexual assault'; and
``(C) `sexual assault incident'.
``(2)(A) The development and use of specific risk-
assessment tools to examine any risks related to sexual
assault that a veteran may pose while being treated at a
medical facility of the Department, including clear and
consistent guidance on the collection of information related
to--
``(i) the legal history of the veteran; and
``(ii) the medical record of the veteran.
``(B) In developing and using tools under subparagraph (A),
the Secretary shall consider the effects of using such tools
on the use by veterans of health care furnished by the
Department.
``(3) The mandatory training of employees of the Department
on security issues, including awareness, preparedness,
precautions, and police assistance.
``(4) The mandatory implementation, use, and regular
testing of appropriate physical security precautions and
equipment, including surveillance camera systems, computer-
based panic alarm systems, stationary panic alarms, and
electronic portable personal panic alarms.
``(5) Clear, consistent, and comprehensive criteria and
guidance with respect to an employee of the Department
communicating and reporting sexual assault incidents and
other safety incidents to--
``(A) supervisory personnel of the employee at--
``(i) a medical facility of the Department;
``(ii) an office of a Veterans Integrated Service Network;
and
``(iii) the central office of the Veterans Health
Administration; and
``(B) a law enforcement official of the Department.
``(6) Clear and consistent criteria and guidelines with
respect to an employee of the Department referring and
reporting to the Office of Inspector General of the
Department sexual assault incidents and other safety
incidents that meet the regulatory criminal threshold
prescribed under sections 901 and 902 of this title.
``(7) An accountable oversight system within the Veterans
Health Administration that includes--
``(A) systematic information sharing of reported sexual
assault incidents and other safety incidents among officials
of the Administration who have programmatic responsibility;
and
``(B) a centralized reporting, tracking, and monitoring
system for such incidents.
``(8) Consistent procedures and systems for law enforcement
officials of the Department with respect to investigating,
tracking, and closing reported sexual assault incidents and
other safety incidents.
``(9) Clear and consistent guidance for the clinical
management of the treatment of sexual assaults that are
reported more than 72 hours after the assault.
``(c) Updates to Policy.--The Secretary shall review and
revise the policy required by subsection (a) on a periodic
basis as the Secretary considers appropriate and in
accordance with best practices.
``(d) Annual Report.--(1) Not later than 60 days after the
date on which the Secretary develops the policy required by
subsection (a) and not later than October 1 of each year
thereafter, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on
the implementation of the policy.
``(2) The report required by paragraph (1) shall include--
``(A) the number and type of sexual assault incidents and
other safety incidents reported by each medical facility of
the Department;
``(B) a detailed description of the implementation of the
policy required by subsection (a), including any revisions
made to such policy from the previous year; and
``(C) the effectiveness of such policy on improving the
safety and security of the medical facilities of the
Department, including the performance measures used to
evaluate such effectiveness.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 1708 the following new item:
``1709. Comprehensive policy on reporting and tracking sexual assault
incidents and other safety incidents.''.
(c) Interim Report.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the development of the
policy required by section 1709 of title 38, United States
Code, as added by subsection (a).
SEC. 107. REHABILITATIVE SERVICES FOR VETERANS WITH TRAUMATIC
BRAIN INJURY.
(a) Rehabilitation Plans and Services.--Section 1710C is
amended--
(1) in subsection (a)(1), by inserting before the semicolon
the following: ``with the goal of maximizing the individual's
independence'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``(and sustaining improvement in)'' after
``improving'';
(ii) by inserting ``behavioral,'' after ``cognitive,'';
(B) in paragraph (2), by inserting ``rehabilitative
services and'' before ``rehabilitative components''; and
(C) in paragraph (3)--
(i) by striking ``treatments'' the first place it appears
and inserting ``services''; and
(ii) by striking ``treatments and'' the second place it
appears; and
(3) by adding at the end the following new subsection:
``(h) Rehabilitative Services Defined.--For purposes of
this section, and sections 1710D and 1710E of this title, the
term `rehabilitative services' includes--
``(1) rehabilitative services, as defined in section 1701
of this title;
``(2) treatment and services (which may be of ongoing
duration) to sustain, and prevent loss of, functional gains
that have been achieved; and
``(3) any other rehabilitative services or supports that
may contribute to maximizing an individual's independence.''.
(b) Rehabilitation Services in Comprehensive Program for
Long-term Rehabilitation.--Section 1710D(a) is amended--
(1) by inserting ``and rehabilitative services (as defined
in section 1710C of this title)'' after ``long-term care'';
and
(2) by striking ``treatment''.
(c) Rehabilitation Services in Authority for Cooperative
Agreements for Use of Non-Department Facilities for
Rehabilitation.--Section 1710E(a) is amended by inserting ``,
including rehabilitative services (as defined in section
1710C of this title),'' after ``medical services''.
(d) Technical Amendment.--Section 1710C(c)(2)(S) of title
38, United States Code, is amended by striking
``opthamologist'' and inserting ``ophthalmologist''.
SEC. 108. TELECONSULTATION AND TELEMEDICINE.
(a) Teleconsultation.--
(1) In general.--Subchapter I of chapter 17, as amended by
section 106(a), is further amended by adding at the end the
following new section:
``Sec. 1709A. Teleconsultation
``(a) Teleconsultation.--(1) The Secretary shall carry out
an initiative of teleconsultation for the provision of remote
mental health and traumatic brain injury assessments in
facilities of the Department that are not otherwise able to
provide such assessments without contracting with third-party
providers or reimbursing providers through a fee basis
system.
``(2) The Secretary shall, in consultation with appropriate
professional societies, promulgate technical and clinical
care standards for the use of teleconsultation services
within facilities of the Department.
``(3) In carrying out an initiative under paragraph (1),
the Secretary shall ensure that facilities of the Department
are able to provide a mental health or traumatic brain injury
assessment to a veteran through contracting with a third-
party provider or reimbursing a provider through a fee basis
system when--
``(A) such facilities are not able to provide such
assessment to the veteran without--
``(i) such contracting or reimbursement; or
``(ii) teleconsultation; and
``(B) providing such assessment with such contracting or
reimbursement is more clinically appropriate for the veteran
than providing such assessment with teleconsultation.
``(b) Teleconsultation Defined.--In this section, the term
`teleconsultation' means the use by a health care specialist
of telecommunications to assist another health care provider
in rendering a diagnosis or treatment.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 17 is amended by inserting after the
item relating to section 1709, as added by section 106(b),
the following new item:
``1709A. Teleconsultation.''.
(b) Training in Telemedicine.--
(1) In general.--The Secretary of Veterans Affairs shall,
to the extent feasible, offer medical residents opportunities
in training in telemedicine for medical residency programs.
The Secretary shall consult with the Accreditation Council
for Graduate Medical Education and
[[Page H5419]]
with universities with which facilities of the Department
have a major affiliation to determine the feasibility and
advisability of making telehealth a mandatory component of
medical residency programs.
(2) Telemedicine defined.--In this subsection, the term
``telemedicine'' means the use by a health care provider of
telecommunications to assist in the diagnosis or treatment of
a patient's medical condition.
SEC. 109. USE OF SERVICE DOGS ON PROPERTY OF THE DEPARTMENT
OF VETERANS AFFAIRS.
Section 901 is amended by adding at the end the following
new subsection:
``(f)(1) The Secretary may not prohibit the use of a
covered service dog in any facility or on any property of the
Department or in any facility or on any property that
receives funding from the Secretary.
``(2) For purposes of this subsection, a covered service
dog is a service dog that has been trained by an entity that
is accredited by an appropriate accrediting body that
evaluates and accredits organizations which train guide or
service dogs.''.
SEC. 110. RECOGNITION OF RURAL HEALTH RESOURCE CENTERS IN
OFFICE OF RURAL HEALTH.
Section 7308 is amended by adding at the end the following
new subsection:
``(d) Rural Health Resource Centers.--(1) There are, in the
Office, veterans rural health resource centers that serve as
satellite offices for the Office.
``(2) The veterans rural health resource centers have
purposes as follows:
``(A) To improve the understanding of the Office of the
challenges faced by veterans living in rural areas.
``(B) To identify disparities in the availability of health
care to veterans living in rural areas.
``(C) To formulate practices or programs to enhance the
delivery of health care to veterans living in rural areas.
``(D) To develop special practices and products for the
benefit of veterans living in rural areas and for
implementation of such practices and products in the
Department systemwide.''.
SEC. 111. IMPROVEMENTS FOR RECOVERY AND COLLECTION OF AMOUNTS
FOR DEPARTMENT OF VETERANS AFFAIRS MEDICAL CARE
COLLECTIONS FUND.
(a) Development and Implementation of Plan for Recovery and
Collection.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall develop and implement a plan to ensure the recovery and
collection of amounts under the provisions of law described
in section 1729A(b) of title 38, United States Code, for
deposit in the Department of Veterans Affairs Medical Care
Collections Fund.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) An effective process to identify billable fee claims.
(B) Effective and practicable policies and procedures that
ensure recovery and collection of amounts described in
section 1729A(b) of such title.
(C) The training of employees of the Department, on or
before September 30, 2013, who are responsible for the
recovery or collection of such amounts to enable such
employees to comply with the process required by subparagraph
(A) and the policies and procedures required by subparagraph
(B).
(D) Fee revenue goals for the Department.
(E) An effective monitoring system to ensure achievement of
goals described in subparagraph (D) and compliance with the
policies and procedures described in subparagraph (B).
(b) Monitoring of Third-party Collections.--The Secretary
shall monitor the recovery and collection of amounts from
third parties (as defined in section 1729(i) of such title)
for deposit in such fund.
SEC. 112. EXTENSION OF AUTHORITY FOR COPAYMENTS.
Section 1710(f)(2)(B) is amended by striking ``September
30, 2012'' and inserting ``September 30, 2013''.
SEC. 113. EXTENSION OF AUTHORITY FOR RECOVERY OF COST OF
CERTAIN CARE AND SERVICES.
Section 1729(a)(2)(E) is amended by striking ``October 1,
2012'' and inserting ``October 1, 2013''.
TITLE II--HOUSING MATTERS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Andrew Connelly Veterans
Housing Act''.
SEC. 202. TEMPORARY EXPANSION OF ELIGIBILITY FOR SPECIALLY
ADAPTED HOUSING ASSISTANCE FOR CERTAIN VETERANS
WITH DISABILITIES CAUSING DIFFICULTY WITH
AMBULATING.
(a) In General.--Paragraph (2) of section 2101(a) is
amended to read as follows:
``(2)(A) A veteran is described in this paragraph if the
veteran--
``(i) is entitled to compensation under chapter 11 of this
title for a permanent and total service-connected disability
that meets any of the criteria described in subparagraph (B);
or
``(ii) served in the Armed Forces on or after September 11,
2001, and is entitled to compensation under chapter 11 of
this title for a permanent service-connected disability that
meets the criterion described in subparagraph (C).
``(B) The criteria described in this subparagraph are as
follows:
``(i) The disability is due to the loss, or loss of use, of
both lower extremities such as to preclude locomotion without
the aid of braces, crutches, canes, or a wheelchair.
``(ii) The disability is due to--
``(I) blindness in both eyes, having only light perception,
plus (ii) loss or loss of use of one lower extremity.
``(iii) The disability is due to the loss or loss of use of
one lower extremity together with--
``(I) residuals of organic disease or injury; or
``(II) the loss or loss of use of one upper extremity,
which so affect the functions of balance or propulsion as to
preclude locomotion without the aid of braces, crutches,
canes, or a wheelchair.
``(iv) The disability is due to the loss, or loss of use,
of both upper extremities such as to preclude use of the arms
at or above the elbows.
``(v) The disability is due to a severe burn injury (as
determined pursuant to regulations prescribed by the
Secretary).
``(C) The criterion described in this subparagraph is that
the disability--
``(i) was incurred on or after September 11, 2001; and
``(ii) is due to the loss or loss of use of one or more
lower extremities which so affects the functions of balance
or propulsion as to preclude ambulating without the aid of
braces, crutches, canes, or a wheelchair.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2012.
(c) Sunset.--Subsection (a) of section 2101 is amended--
(1) in paragraph (1), by striking ``to paragraph (3)'' and
inserting ``to paragraphs (3) and (4)''; and
(2) by adding at the end the following new paragraph:
``(4) The Secretary's authority to furnish assistance under
paragraph (1) to a disabled veteran described in paragraph
(2)(A)(ii) shall apply only with respect to applications for
such assistance approved by the Secretary on or before
September 30, 2013.''.
SEC. 203. EXPANSION OF ELIGIBILITY FOR SPECIALLY ADAPTED
HOUSING ASSISTANCE FOR VETERANS WITH VISION
IMPAIRMENT.
(a) In General.--Paragraph (2) of section 2101(b) is
amended to read as follows:
``(2) A veteran is described in this paragraph if the
veteran is entitled to compensation under chapter 11 of this
title for a service-connected disability that meets any of
the following criteria:
``(A) The disability is due to blindness in both eyes,
having central visual acuity of 20/200 or less in the better
eye with the use of a standard correcting lens. For the
purposes of this subparagraph, an eye with a limitation in
the fields of vision such that the widest diameter of the
visual field subtends an angle no greater than 20 degrees
shall be considered as having a central visual acuity of 20/
200 or less.
``(B) A permanent and total disability that includes the
anatomical loss or loss of use of both hands.
``(C) A permanent and total disability that is due to a
severe burn injury (as so determined).''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2012.
SEC. 204. REVISED LIMITATIONS ON ASSISTANCE FURNISHED FOR
ACQUISITION AND ADAPTATION OF HOUSING FOR
DISABLED VETERANS.
(a) In General.--Subsection (d) of section 2102 is amended
to read as follows:
``(d)(1) The aggregate amount of assistance available to an
individual under section 2101(a) of this title shall be
limited to $63,780.
``(2) The aggregate amount of assistance available to an
individual under section 2101(b) of this title shall be
limited to $12,756.
``(3) No veteran may receive more than three grants of
assistance under this chapter.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is one year after the date
of the enactment of this Act and shall apply with respect to
assistance provided under sections 2101(a), 2101(b), and
2102A of title 38, United States Code, after such date.
(c) Maintenance of Higher Rates.--The amendment made by
subsection (a) shall not be construed to decrease the
aggregate amount of assistance available to an individual
under the sections described in subsection (b), as most
recently increased by the Secretary pursuant to section
2102(e) of such title.
SEC. 205. IMPROVEMENTS TO ASSISTANCE FOR DISABLED VETERANS
RESIDING IN HOUSING OWNED BY A FAMILY MEMBER.
(a) Increased Assistance.--Subsection (b) of section 2102A
is amended--
(1) in paragraph (1), by striking ``$14,000'' and inserting
``$28,000''; and
(2) in paragraph (2), by striking ``$2,000'' and inserting
``$5,000''.
(b) Indexing of Levels of Assistance.--Such subsection is
further 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
2012), 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.''.
(c) Extension of Authority for Assistance.--Subsection (e)
of such section is amended by striking ``December 31, 2012''
and inserting ``December 31, 2022''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply with respect to assistance furnished in
accordance with section 2102A of title 38, United States
Code, on or after that date.
[[Page H5420]]
SEC. 206. DEPARTMENT OF VETERANS AFFAIRS HOUSING LOAN
GUARANTEES FOR SURVIVING SPOUSES OF CERTAIN
TOTALLY DISABLED VETERANS.
(a) In General.--Section 3701(b) is amended by adding at
the end the following new paragraph:
``(6) The term `veteran' also includes, for purposes of
home loans, the surviving spouse of a veteran who died and
who was in receipt of or entitled to receive (or but for the
receipt of retired or retirement pay was entitled to receive)
compensation at the time of death for a service-connected
disability rated totally disabling if--
``(A) the disability was continuously rated totally
disabling for a period of 10 or more years immediately
preceding death;
``(B) the disability was continuously rated totally
disabling for a period of not less than five years from the
date of such veteran's discharge or other release from active
duty; or
``(C) the veteran was a former prisoner of war who died
after September 30, 1999, and the disability was continuously
rated totally disabling for a period of not less than one
year immediately preceding death.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to a loan guaranteed after the date
of the enactment of this Act.
(c) Clarification With Respect to Certain Fees.--Fees shall
be collected under section 3729 of title 38, United States
Code, from a person described in paragraph (6) of section
3701(b) of such title, as added by subsection (a) of this
section, in the same manner as such fees are collected from a
person described in paragraph (2) of section 3701(b) of such
title.
SEC. 207. 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. 208. MAKING PERMANENT PROJECT FOR GUARANTEEING OF
ADJUSTABLE RATE MORTGAGES.
Section 3707(a) is amended by striking ``demonstration
project under this section during fiscal years 1993 through
2012'' and inserting ``project under this section''.
SEC. 209. MAKING PERMANENT PROJECT FOR INSURING HYBRID
ADJUSTABLE RATE MORTGAGES.
Section 3707A(a) is amended by striking ``demonstration
project under this section during fiscal years 2004 through
2012'' and inserting ``project under this section''.
SEC. 210. WAIVER OF LOAN FEE FOR INDIVIDUALS WITH DISABILITY
RATINGS ISSUED DURING PRE-DISCHARGE PROGRAMS.
Paragraph (2) of section 3729(c) is amended to read as
follows:
``(2)(A) A veteran described in subparagraph (B) shall be
treated as receiving compensation for purposes of this
subsection as of the date of the rating described in such
subparagraph without regard to whether an effective date of
the award of compensation is established as of that date.
``(B) A veteran described in this subparagraph is a veteran
who is rated eligible to receive compensation--
``(i) as the result of a pre-discharge disability
examination and rating; or
``(ii) based on a pre-discharge review of existing medical
evidence (including service medical and treatment records)
that results in the issuance of a memorandum rating.''.
SEC. 211. MODIFICATION OF AUTHORITIES FOR ENHANCED-USE LEASES
OF REAL PROPERTY.
(a) Supportive Housing Defined.--Section 8161 is amended by
adding at the end the following new paragraph:
``(3) The term `supportive housing' means housing that
engages tenants in on-site and community-based support
services for veterans or their families that are at risk of
homelessness or are homeless. Such term may include the
following:
``(A) Transitional housing.
``(B) Single-room occupancy.
``(C) Permanent housing.
``(D) Congregate living housing.
``(E) Independent living housing.
``(F) Assisted living housing.
``(G) Other modalities of housing.''.
(b) Modification of Limitations on Enhanced Use Leases.--
(1) In general.--Paragraph (2) of section 8162(a) is
amended to read as follows:
``(2) The Secretary may enter into an enhanced-use lease
only for the provision of supportive housing and the lease is
not inconsistent with and will not adversely affect the
mission of the Department.''.
(2) Effective date.--
(A) In general.--Paragraph (2) of section 8162(a) of title
38, United States Code, as amended by paragraph (1), shall
take effect on January 1, 2012, and shall apply with respect
to enhanced-use leases entered into on or after such date.
(B) Previous leases.--Any enhanced-use lease that the
Secretary has entered into prior to the date described in
subparagraph (A) shall be subject to the provisions of
subchapter V of chapter 81 of such title, as in effect on the
day before the date of the enactment of this Act.
(c) Consideration for and Terms of Enhanced-use Leases.--
(1) In general.--Section 8162(b) is amended--
(A) in paragraph (1), by striking ``(A) If the Secretary''
and all that follows through ``under subparagraph (A).'' and
inserting the following: ``If the Secretary has determined
that a property should be leased to another party through an
enhanced-use lease, the Secretary shall, at the Secretary's
discretion, select the party with whom the lease will be
entered into using such selection procedures as the Secretary
considers appropriate.'';
(B) by amending paragraph (3) to read as follows:
``(3)(A) For any enhanced-use lease entered into by the
Secretary, the lease consideration provided to the Secretary
shall consist solely of cash at fair value as determined by
the Secretary.
``(B) The Secretary shall receive no other type of
consideration for an enhanced-use lease besides cash.
``(C) The Secretary may enter into an enhanced-use lease
without receiving consideration.'';
(C) in paragraph (4), by striking ``Secretary to'' and all
that follows through ``use minor'' and inserting ``Secretary
to use minor''; and
(D) by adding at the end the following new paragraphs:
``(5) The terms of an enhanced-use lease may not provide
for any acquisition, contract, demonstration, exchange,
grant, incentive, procurement, sale, other transaction
authority, service agreement, use agreement, lease, or lease-
back by the Secretary or Federal Government.
``(6) The Secretary may not enter into an enhanced-use
lease without certification in advance in writing by the
Director of the Office of Management and Budget that such
lease complies with the requirements of this subchapter.''.
(2) Effective date.--Paragraph (3) of section 8162(b), as
amended by paragraph (1)(B) of this subsection, shall take
effect on January 1, 2012, and shall apply with respect to
enhanced-use leases entered into on or after such date.
(d) Prohibited Enhanced-use Leases.--Section 8162(c) is
amended--
(1) by striking paragraph (2); and
(2) in paragraph (1), by striking ``(1) Subject to
paragraph (2), the'' and inserting ``The''.
(e) Disposition of Leased Property.--Subsection (b) of
section 8164 is amended to read as follows:
``(b) A disposition under this section may be made in
return for cash at fair value as the Secretary determines is
in the best interest of the United States and upon such other
terms and conditions as the Secretary considers
appropriate.''.
(f) Use of Amounts Received for Disposition of Leased
Property.--Section 8165(a)(2) is amended by striking ``in the
Department of Veterans Affairs Capital Asset Fund established
under section 8118 of this title'' and inserting ``into the
Department of Veterans Affairs Construction, Major Projects
account or Construction, Minor Projects account, as the
Secretary considers appropriate''.
(g) Construction Standards.--Section 8166 is amended to
read as follows:
``Sec. 8166. Construction standards
``The construction, alteration, repair, remodeling, or
improvement of a property that is the subject of an enhanced-
use lease shall be carried out so as to comply with all
applicable provisions of Federal, State, and local law
relating to land use, building standards, permits, and
inspections.''.
(h) Exemption From State and Local Taxes.--Section 8167 is
amended to read as follows:
``Sec. 8167. Exemption from State and local taxes
``(a) Improvements and Operations Not Exempted.--The
improvements and operations on land leased by a person with
an enhanced-use lease from the Secretary shall be subject to
all applicable provisions of Federal, State, or local law
relating to taxation, fees, and assessments.
``(b) Underlying Fee Title Interest Exempted.--The
underlying fee title interest of the United States in any
land subject to an enhanced-use lease shall not be subject,
directly or indirectly, to any provision of State or local
law relating to taxation, fees, or assessments.''.
(i) Annual Reports.--
(1) In general.--Subchapter V of chapter 81 is amended by
inserting after section 8167 the following new section:
``Sec. 8168. Annual reports
``(a) Report on Administration of Leases.--Not later than
120 days after the date of the enactment of the Honoring
America's Veterans and Caring for Camp Lejeune Families Act
of 2012 and not less frequently than once each year
thereafter, the Secretary shall submit to Congress a report
identifying the actions taken by the Secretary to implement
and administer enhanced-use leases.
``(b) Report on Lease Consideration.--Each year, as part of
the annual budget submission of the President to Congress
under section 1105(a) of title 31, the Secretary shall submit
to Congress a detailed report of the consideration received
by the Secretary for each enhanced-use lease under this
subchapter, along with an overview of how the Secretary is
utilizing such consideration to support veterans.''.
(2) Elements of initial report.--The first report submitted
by the Secretary under section 8168(a) of title 38, United
States Code, as added by paragraph (1), shall include a
summary of those measures the Secretary is taking to address
the following recommendations from the February 9, 2012,
audit report of the Department of Veterans Affairs Office of
Inspector General on enhanced-use leases under subchapter V
of chapter 81 of title 38, United States Code:
[[Page H5421]]
(A) Improve standards to ensure complete lease agreements
are negotiated in line with strategic goals of the Department
of Veterans Affairs.
(B) Institute improved policies and procedures to govern
activities such as monitoring enhanced-use lease projects and
calculating, classifying, and reporting on enhanced-use lease
benefits and expenses.
(C) Recalculate and update enhanced-use lease expenses and
benefits reported in the most recent Enhanced-Use Lease
Consideration Report of the Department.
(D) Establish improved oversight mechanisms to ensure major
enhanced-use lease project decisions are documented and
maintained in accordance with policy.
(E) Establish improved criteria to measure timeliness and
performance in enhanced-use lease project development and
execution.
(F) Establish improved criteria and guidelines for
assessing projects to determine whether they are or remain
viable candidates for enhanced-use leases.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 81 is amended by inserting after the
item relating to section 8167 the following new item:
``8168. Annual reports.''.
(j) Expiration of Authority.--Section 8169 is amended by
striking ``December 31, 2011'' and inserting ``December 31,
2023''.
(k) Effective Date.--Except as otherwise provided in this
section, the amendments made by this section shall take
effect on the date of the enactment of this Act.
TITLE III--HOMELESS MATTERS
SEC. 301. 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 buildings, 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 fiscal controls and 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, including changes
anticipated by the Secretary in the cost of furnishing
services to homeless veterans and accounting for costs of
providing such services in various geographic areas;
(B) develop more effective and efficient procedures for
fiscal control and fund accounting by recipients of grants
under sections 2011, 2012, and 2061 of such title; and
(C) develop a more effective and efficient 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)(C), 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 methods developed under subparagraphs (B) and (C)
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.
SEC. 302. 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. 303. 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. 304. COLLABORATION IN PROVISION OF CASE MANAGEMENT
SERVICES TO HOMELESS VETERANS IN SUPPORTED
HOUSING PROGRAM.
(a) In General.--The Secretary of Veterans Affairs shall
consider entering into contracts or agreements, under
sections 513 and 8153 of title 38, United States Code, with
eligible entities to collaborate with the Secretary in the
provision of case management services to covered veterans as
part of the supported housing program carried out under
section 8(o)(19) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(19)) to ensure that the homeless veterans
facing the most significant difficulties in obtaining
suitable housing receive the assistance they require to
obtain such housing.
(b) Covered Veterans.--For purposes of this section, a
covered veteran is any veteran who, at the time of receipt of
a housing voucher under such section 8(o)(19)--
(1) requires the assistance of a case manager in obtaining
suitable housing with such voucher; and
(2) is having difficulty obtaining the amount of such
assistance the veteran requires, including because--
(A) the veteran resides in an area that has a shortage of
low-income housing and because of such shortage the veteran
requires more assistance from a case manager than the
Secretary otherwise provides;
(B) the location in which the veteran resides is located at
such distance from facilities of the Department of Veterans
Affairs as makes the provision of case management services by
the Secretary to such veteran impractical; or
(C) the veteran resides in an area where veterans who
receive case management services from the Secretary under
such section have a significantly lower average rate of
successfully obtaining suitable housing than the average rate
of successfully obtaining suitable housing for all veterans
receiving such services.
(c) Eligible Entities.--For purposes of this section, an
eligible entity is any State or local government agency,
tribal organization (as such term is defined in section 4 of
the Indian Self Determination and Education Assistance Act
(25 U.S.C. 450b)), or nonprofit organization that--
(1) under a contract or agreement described in subsection
(a), agrees--
(A) to ensure access to case management services by covered
veterans on an as-needed basis;
(B) to maintain referral networks for covered veterans for
purposes of assisting covered veterans in demonstrating
eligibility for assistance and additional services under
entitlement and assistance programs available for covered
veterans, and to otherwise aid covered veterans in obtaining
such assistance and services;
(C) to ensure the confidentiality of records maintained by
the entity on covered veterans receiving services through the
supported housing program described in subsection (a);
(D) to establish such procedures for fiscal control and
fund accounting as the Secretary of Veterans Affairs
considers appropriate to ensure proper disbursement and
accounting of funds under a contract or agreement entered
into by the entity as described in subsection (a);
(E) to submit to the Secretary each year, in such form and
such manner as the Secretary may require, a report on the
collaboration undertaken by the entity under a contract or
agreement described in such subsection during the most recent
fiscal year, including a description of, for the year covered
by the report--
(i) the services and assistance provided to covered
veterans as part of such collaboration;
(ii) the process by which covered veterans were referred to
the entity for such services and assistance;
[[Page H5422]]
(iii) the specific goals jointly set by the entity and the
Secretary for the provision of such services and assistance
and whether the entity achieved such goals; and
(iv) the average length of time taken by a covered veteran
who received such services and assistance to successfully
obtain suitable housing and the average retention rate of
such a veteran in such housing; and
(F) to meet such other requirements as the Secretary
considers appropriate for purposes of providing assistance to
covered veterans in obtaining suitable housing; and
(2) has demonstrated experience in--
(A) identifying and serving homeless veterans, especially
those who have the greatest difficulty obtaining suitable
housing;
(B) working collaboratively with the Department of Veterans
Affairs or the Department of Housing and Urban Development;
(C) conducting outreach to, and maintaining relationships
with, landlords to encourage and facilitate participation by
landlords in supported housing programs similar to the
supported housing program described in subsection (a);
(D) mediating disputes between landlords and veterans
receiving assistance under such supported housing program;
and
(E) carrying out such other activities as the Secretary of
Veterans Affairs considers appropriate.
(d) Consultation.--In considering entering into contracts
or agreements as described in subsection (a), the Secretary
of Veterans Affairs shall consult with--
(1) the Secretary of Housing and Urban Development; and
(2) third parties that provide services as part of the
Department of Housing and Urban Development continuum of
care.
(e) Technical Assistance for Collaborating Entities.--
(1) In general.--The Secretary may provide training and
technical assistance to entities with whom the Secretary
collaborates in the provision of case management services to
veterans as part of the supported housing program described
in subsection (a).
(2) Grants.--The Secretary may provide training and
technical assistance under paragraph (1) through the award of
grants or contracts to appropriate public and nonprofit
private entities.
(3) Funding.--From amounts appropriated or otherwise made
available to the Secretary in the Medical Services account in
a year, $500,000 shall be available to the Secretary in that
year to carry out this subsection.
(f) Annual Report.--
(1) In general.--Not later than 545 days after the date of
the enactment of this Act and not less frequently than once
each year thereafter, the Secretary of Veterans Affairs shall
submit to Congress a report on the collaboration between the
Secretary and eligible entities in the provision of case
management services as described in subsection (a) during the
most recently completed fiscal year.
(2) Elements.--Each report required by paragraph (1) shall
include, for the period covered by the report, the following:
(A) A discussion of each case in which a contract or
agreement described in subsection (a) was considered by the
Secretary, including a description of whether or not and why
the Secretary chose or did not choose to enter into such
contract or agreement.
(B) The number and types of eligible entities with whom the
Secretary has entered into a contract or agreement as
described in subsection (a).
(C) A description of the geographic regions in which such
entities provide case management services as described in
such subsection.
(D) A description of the number and types of covered
veterans who received case management services from such
entities under such contracts or agreements.
(E) An assessment of the performance of each eligible
entity with whom the Secretary entered into a contract or
agreement as described in subsection (a).
(F) An assessment of the benefits to covered veterans of
such contracts and agreements.
(G) A discussion of the benefits of increasing the ratio of
case managers to recipients of vouchers under the supported
housing program described in such subsection to veterans who
reside in rural areas.
(H) Such recommendations for legislative or administrative
action as the Secretary considers appropriate for the
improvement of collaboration in the provision of case
management services under such supported housing program.
SEC. 305. EXTENSIONS OF PREVIOUSLY FULLY FUNDED AUTHORITIES
AFFECTING HOMELESS VETERANS.
(a) Comprehensive Service Programs.--Section 2013 is
amended by striking paragraph (5) and inserting the following
new paragraphs:
``(5) $250,000,000 for fiscal year 2013.
``(6) $150,000,000 for fiscal year 2014 and each subsequent
fiscal year.''.
(b) Homeless Veterans Reintegration Programs.--Section
2021(e)(1)(F) is amended by striking ``2012'' and inserting
``2013''.
(c) Financial Assistance for Supportive Services for Very
Low-income Veteran Families in Permanent Housing.--Section
2044(e)(1) is amended by adding at the end the following new
subparagraph:
``(E) $300,000,000 for fiscal year 2013.''.
(d) Grant Program for Homeless Veterans With Special
Needs.--Section 2061(c)(1) is amended by striking ``through
2012'' and inserting ``through 2013''.
TITLE IV--EDUCATION MATTERS
SEC. 401. AGGREGATE AMOUNT OF EDUCATIONAL ASSISTANCE
AVAILABLE TO INDIVIDUALS WHO RECEIVE BOTH
SURVIVORS' AND DEPENDENTS' EDUCATIONAL
ASSISTANCE AND OTHER VETERANS AND RELATED
EDUCATIONAL ASSISTANCE.
(a) Aggregate Amount Available.--Section 3695 is amended--
(1) in subsection (a)(4), by striking ``35,''; and
(2) by adding at the end the following new subsection:
``(c) The aggregate period for which any person may receive
assistance under chapter 35 of this title, on the one hand,
and any of the provisions of law referred to in subsection
(a), on the other hand, may not exceed 81 months (or the
part-time equivalent thereof).''.
(b) Applicability.--The amendment made by subsection (a)
shall take effect on October 1, 2013, and shall not operate
to revive any entitlement to assistance under chapter 35 of
title 38, United States Code, or the provisions of law
referred to in section 3695(a) of such title, as in effect on
the day before such date, that was terminated by reason of
the operation of section 3695(a) of such title, as so in
effect, before such date.
(c) Revival of Entitlement Reduced by Prior Utilization of
Chapter 35 Assistance.--
(1) In general.--Subject to paragraph (2), in the case of
an individual whose period of entitlement to assistance under
a provision of law referred to in section 3695(a) of title
38, United States Code (other than chapter 35 of such title),
as in effect on September 30, 2013, was reduced under such
section 3695(a), as so in effect, by reason of the
utilization of entitlement to assistance under chapter 35 of
such title before October 1, 2013, the period of entitlement
to assistance of such individual under such provision shall
be determined without regard to any entitlement so utilized
by the individual under chapter 35 of such title.
(2) Limitation.--The maximum period of entitlement to
assistance of an individual under paragraph (1) may not
exceed 81 months.
SEC. 402. ANNUAL REPORTS ON POST-9/11 EDUCATIONAL ASSISTANCE
PROGRAM AND SURVIVORS' AND DEPENDENTS'
EDUCATIONAL ASSISTANCE PROGRAM.
(a) Reports Required.--
(1) In general.--Subchapter III of chapter 33 is amended by
adding at the end the following new section:
``Sec. 3325. Reporting requirement
``(a) In General.--For each academic year--
``(1) the Secretary of Defense shall submit to Congress a
report on the operation of the program provided for in this
chapter; and
``(2) the Secretary shall submit to Congress a report on
the operation of the program provided for in this chapter and
the program provided for under chapter 35 of this title.
``(b) Contents of Secretary of Defense Reports.--The
Secretary of Defense shall include in each report submitted
under this section--
``(1) information--
``(A) indicating the extent to which the benefit levels
provided under this chapter are adequate to achieve the
purposes of inducing individuals to enter and remain in the
Armed Forces and of providing an adequate level of financial
assistance to help meet the cost of pursuing a program of
education;
``(B) indicating whether it is necessary for the purposes
of maintaining adequate levels of well-qualified active-duty
personnel in the Armed Forces to continue to offer the
opportunity for educational assistance under this chapter to
individuals who have not yet entered active-duty service; and
``(C) describing the efforts under section 3323(b) of this
title to inform members of the Armed Forces of the active
duty service requirements for entitlement to educational
assistance under this chapter and the results from such
efforts; and
``(2) such recommendations for administrative and
legislative changes regarding the provision of educational
assistance to members of the Armed Forces and veterans, and
their dependents, as the Secretary of Defense considers
appropriate.
``(c) Contents of Secretary of Veterans Affairs Reports.--
The Secretary shall include in each report submitted under
this section--
``(1) information concerning the level of utilization of
educational assistance and of expenditures under this chapter
and under chapter 35 of this title;
``(2) appropriate student outcome measures, such as the
number of credit hours, certificates, degrees, and other
qualifications earned by beneficiaries under this chapter and
chapter 35 of this title during the academic year covered by
the report; and
``(3) such recommendations for administrative and
legislative changes regarding the provision of educational
assistance to members of the Armed Forces and veterans, and
their dependents, as the Secretary considers appropriate.
``(d) Termination.--No report shall be required under this
section after January 1, 2021.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 3324 the following new item:
``3325. Reporting requirement.''.
(3) Deadline for submittal of first report.--The first
reports required under section 3325 of title 38, United
States Code, as added by paragraph (1), shall be submitted by
not later than November 1, 2013.
(b) Repeal of Report on All Volunteer-Force Educational
Assistance Program.--
(1) In general.--Chapter 30 is amended by striking section
3036.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by striking the item
relating to section 3036.
[[Page H5423]]
TITLE V--BENEFITS MATTERS
SEC. 501. 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. 502. 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'';
(ii) by inserting ``, or TIN in the case that the person is
not an individual,'' after ``of such person''; and
(iii) by striking ``dependent'' and inserting ``claimant,
dependent,''; 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. 503. 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'' the first place it appears 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. 504. AUTHORIZATION OF USE OF ELECTRONIC COMMUNICATION TO
PROVIDE NOTICE TO CLAIMANTS FOR BENEFITS UNDER
LAWS ADMINISTERED BY THE SECRETARY OF VETERANS
AFFAIRS.
(a) In General.--Section 5103 is amended--
(1) in subsection (a)(1)--
(A) by striking ``Upon receipt of a complete or
substantially complete application, the'' and inserting
``The'';
(B) by striking ``notify'' and inserting ``provide to'';
and
(C) by inserting ``by the most effective means available,
including electronic communication or notification in
writing, notice'' before ``of any information''; and
(2) in subsection (b), by adding at the end the following
new paragraphs:
``(4) Nothing in this section shall require the Secretary
to provide notice for a subsequent claim that is filed while
a previous claim is pending if the notice previously provided
for such pending claim--
``(A) provides sufficient notice of the information and
evidence necessary to substantiate such subsequent claim; and
``(B) was sent within one year of the date on which the
subsequent claim was filed.
``(5)(A) This section shall not apply to any claim or issue
where the Secretary may award the maximum benefit in
accordance with this title based on the evidence of record.
``(B) For purposes of this paragraph, the term `maximum
benefit' means the highest evaluation assignable in
accordance with the evidence of record, as long as such
evidence is adequate for rating purposes and sufficient to
grant the earliest possible effective date in accordance with
section 5110 of this title.''.
(b) Construction.--Nothing in the amendments made by
subsection (a) shall be construed as eliminating any
requirement with respect to the contents of a notice under
section 5103 of title 38, United States Code, that is
required under regulations prescribed pursuant to subsection
(a)(2) of such section as of the date of the enactment of
this Act.
(c) Effective Date.--
(1) In general.--The amendments made 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
notification obligations of the Secretary of Veterans Affairs
on or after such date.
(2) Construction regarding applicability.--Nothing in this
section or the amendments made by this section shall be
construed to require the Secretary to carry out notification
procedures in accordance with requirements of section 5103 of
title 38, United States Code, as in effect on the day before
the effective date established in paragraph (1) on or after
such effective date.
SEC. 505. DUTY TO ASSIST CLAIMANTS IN OBTAINING PRIVATE
RECORDS.
(a) In General.--Subsection (b) of section 5103A is amended
to read as follows:
``(b) Assistance in Obtaining Private Records.--(1) As part
of the assistance provided under subsection (a), the
Secretary shall make reasonable efforts to obtain relevant
private records that the claimant adequately identifies to
the Secretary.
``(2)(A) Whenever the Secretary, after making such
reasonable efforts, is unable to obtain all of the relevant
records sought, the Secretary shall notify the claimant that
the Secretary is unable to obtain records with respect to the
claim. Such a notification shall--
``(i) identify the records the Secretary is unable to
obtain;
``(ii) briefly explain the efforts that the Secretary made
to obtain such records; and
``(iii) explain that the Secretary will decide the claim
based on the evidence of record but that this section does
not prohibit the submission of records at a later date if
such submission is otherwise allowed.
``(B) The Secretary shall make not less than two requests
to a custodian of a private record in order for an effort to
obtain relevant private records to be treated as reasonable
under this section, unless it is made evident by the first
request that a second request would be futile in obtaining
such records.
``(3)(A) This section shall not apply if the evidence of
record allows for the Secretary to award the maximum benefit
in accordance with this title based on the evidence of
record.
``(B) For purposes of this paragraph, the term `maximum
benefit' means the highest evaluation assignable in
accordance with the evidence of record, as long as such
evidence is adequate for rating purposes and sufficient to
grant the earliest possible effective date in accordance with
section 5110 of this title.
``(4) Under regulations prescribed by the Secretary, the
Secretary--
``(A) shall encourage claimants to submit relevant private
medical records of the claimant to the Secretary if such
submission does not burden the claimant; and
``(B) in obtaining relevant private records under paragraph
(1), may require the claimant to authorize the Secretary to
obtain such records if such authorization is required to
comply with Federal, State, or local law.''.
(b) Public Records.--Subsection (c) of such section is
amended to read as follows:
``(c) Obtaining Records for Compensation Claims.--(1) In
the case of a claim for disability compensation, the
assistance provided by the Secretary under this section shall
include obtaining the following records if relevant to the
claim:
``(A) The claimant's service medical records and, if the
claimant has furnished the Secretary information sufficient
to locate such records, other relevant records pertaining to
the claimant's active military, naval, or air service that
are held or maintained by a governmental entity.
``(B) Records of relevant medical treatment or examination
of the claimant at Department health-care facilities or at
the expense of the Department, if the claimant furnishes
information sufficient to locate those records.
``(C) Any other relevant records held by any Federal
department or agency that the claimant adequately identifies
and authorizes the Secretary to obtain.
``(2) Whenever the Secretary attempts to obtain records
from a Federal department or agency under this subsection,
the efforts to obtain those records shall continue until the
records are obtained unless it is reasonably certain that
such records do not exist or that further efforts to obtain
those records would be futile.''.
(c) Effective Date.--
(1) In general.--The amendments made by subsections (a) and
(b) 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 assistance obligations of the Secretary of
Veterans Affairs on or after such date.
(2) Construction.--Nothing in this section or the
amendments made by this section shall be construed to require
the Secretary to carry out assistance in accordance with
requirements of section 5103A of title 38, United States
Code, as in effect on the day before the effective date
established in paragraph (1) on or after such effective date.
SEC. 506. AUTHORITY FOR RETROACTIVE EFFECTIVE DATE FOR AWARDS
OF DISABILITY COMPENSATION IN CONNECTION WITH
APPLICATIONS THAT ARE FULLY-DEVELOPED AT
SUBMITTAL.
Section 5110(b) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
[[Page H5424]]
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) The effective date of an award of disability
compensation to a veteran who submits an application therefor
that sets forth an original claim that is fully-developed (as
determined by the Secretary) as of the date of submittal
shall be fixed in accordance with the facts found, but shall
not be earlier than the date that is one year before the date
of receipt of the application.
``(B) For purposes of this paragraph, an original claim is
an initial claim filed by a veteran for disability
compensation.
``(C) This paragraph shall take effect on the date that is
one year after the date of the enactment of the Honoring
America's Veterans and Caring for Camp Lejeune Families Act
of 2012 and shall not apply with respect to claims filed
after the date that is three years after the date of the
enactment of such Act.''.
SEC. 507. MODIFICATION OF MONTH OF DEATH BENEFIT FOR
SURVIVING SPOUSES OF VETERANS WHO DIE WHILE
ENTITLED TO COMPENSATION OR PENSION.
(a) Surviving Spouse Benefit for Month of Veteran's
Death.--Subsections (a) and (b) of section 5310 are amended
to read as follows:
``(a) In General.--(1) A surviving spouse of a veteran is
entitled to a benefit for the month of the veteran's death
if--
``(A) at the time of the veteran's death, the veteran was
receiving compensation or pension under chapter 11 or 15 of
this title; or
``(B) the veteran is determined for purposes of section
5121 or 5121A of this title as having been entitled to
receive compensation or pension under chapter 11 or 15 of
this title for the month of the veteran's death.
``(2) The amount of the benefit under paragraph (1) is the
amount that the veteran would have received under chapter 11
or 15 of this title, as the case may be, for the month of the
veteran's death had the veteran not died.
``(b) Claims Pending Adjudication.--If a claim for
entitlement to compensation or additional compensation under
chapter 11 of this title or pension or additional pension
under chapter 15 of this title is pending at the time of a
veteran's death and the check or other payment issued to the
veteran's surviving spouse under subsection (a) is less than
the amount of the benefit the veteran would have been
entitled to for the month of death pursuant to the
adjudication of the pending claim, an amount equal to the
difference between the amount to which the veteran would have
been entitled to receive under chapter 11 or 15 of this title
for the month of the veteran's death had the veteran not died
and the amount of the check or other payment issued to the
surviving spouse shall be treated in the same manner as an
accrued benefit under section 5121 of this title.''.
(b) Month of Death Benefit Exempt From Delayed Commencement
of Payment.--Section 5111(c)(1) is amended by striking
``apply to'' and all that follows through ``death occurred''
and inserting the following: ``not apply to payments made
pursuant to section 5310 of this title''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
and shall apply with respect to deaths that occur on or after
that date.
SEC. 508. INCREASE IN RATE OF PENSION FOR DISABLED VETERANS
MARRIED TO ONE ANOTHER AND BOTH OF WHOM REQUIRE
REGULAR AID AND ATTENDANCE.
(a) In General.--Section 1521(f)(2) is amended by striking
``$30,480'' and inserting ``$32,433''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
SEC. 509. EXCLUSION OF CERTAIN REIMBURSEMENTS OF EXPENSES
FROM DETERMINATION OF ANNUAL INCOME WITH
RESPECT TO PENSIONS FOR VETERANS AND SURVIVING
SPOUSES AND CHILDREN OF VETERANS.
(a) In General.--Paragraph (5) of section 1503(a) of title
38, United States Code, is amended to read as follows:
``(5) payments regarding reimbursements of any kind
(including insurance settlement payments) for expenses
related to the repayment, replacement, or repair of
equipment, vehicles, items, money, or property resulting
from--
``(A) any accident (as defined by the Secretary), but the
amount excluded under this subclause shall not exceed the
greater of the fair market value or reasonable replacement
value of the equipment or vehicle involved at the time
immediately preceding the accident;
``(B) any theft or loss (as defined by the Secretary), but
the amount excluded under this subclause shall not exceed the
greater of the fair market value or reasonable replacement
value of the item or the amount of the money (including legal
tender of the United States or of a foreign country) involved
at the time immediately preceding the theft or loss; or
``(C) any casualty loss (as defined by the Secretary), but
the amount excluded under this subclause shall not exceed the
greater of the fair market value or reasonable replacement
value of the property involved at the time immediately
preceding the casualty loss;''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
TITLE VI--MEMORIAL, BURIAL, AND CEMETERY MATTERS
SEC. 601. PROHIBITION ON DISRUPTIONS OF FUNERALS OF MEMBERS
OR FORMER MEMBERS OF THE ARMED FORCES.
(a) Purpose and Authority.--
(1) Purpose.--The purpose of this section is to provide
necessary and proper support for the recruitment and
retention of the Armed Forces and militia employed in the
service of the United States by protecting the dignity of the
service of the members of such Forces and militia, and by
protecting the privacy of their immediate family members and
other attendees during funeral services for such members.
(2) Constitutional authority.--Congress finds that this
section is a necessary and proper exercise of its powers
under the Constitution, article I, section 8, paragraphs 1,
12, 13, 14, 16, and 18, to provide for the common defense,
raise and support armies, provide and maintain a navy, make
rules for the government and regulation of the land and naval
forces, and provide for organizing and governing such part of
the militia as may be employed in the service of the United
States.
(b) Amendment to Title 18.--Section 1388 of title 18,
United States Code, is amended to read as follows:
``Sec. 1388. Prohibition on disruptions of funerals of
members or former members of the Armed Forces
``(a) Prohibition.--For any funeral of a member or former
member of the Armed Forces that is not located at a cemetery
under the control of the National Cemetery Administration or
part of Arlington National Cemetery, it shall be unlawful for
any person to engage in an activity during the period
beginning 120 minutes before and ending 120 minutes after
such funeral, any part of which activity--
``(1)(A) takes place within the boundaries of the location
of such funeral or takes place within 300 feet of the point
of the intersection between--
``(i) the boundary of the location of such funeral; and
``(ii) a road, pathway, or other route of ingress to or
egress from the location of such funeral; and
``(B) includes any individual willfully making or assisting
in the making of any noise or diversion--
``(i) that is not part of such funeral and that disturbs or
tends to disturb the peace or good order of such funeral; and
``(ii) with the intent of disturbing the peace or good
order of such funeral;
``(2)(A) is within 500 feet of the boundary of the location
of such funeral; and
``(B) includes any individual--
``(i) willfully and without proper authorization impeding
or tending to impede the access to or egress from such
location; and
``(ii) with the intent to impede the access to or egress
from such location; or
``(3) is on or near the boundary of the residence, home, or
domicile of any surviving member of the deceased person's
immediate family and includes any individual willfully making
or assisting in the making of any noise or diversion--
``(A) that disturbs or tends to disturb the peace of the
persons located at such location; and
``(B) with the intent of disturbing such peace.
``(b) Penalty.--Any person who violates subsection (a)
shall be fined under this title or imprisoned for not more
than 1 year, or both.
``(c) Civil Remedies.--
``(1) District courts.--The district courts of the United
States shall have jurisdiction--
``(A) to prevent and restrain violations of this section;
and
``(B) for the adjudication of any claims for relief under
this section.
``(2) Attorney general.--The Attorney General may institute
proceedings under this section.
``(3) Claims.--Any person, including a surviving member of
the deceased person's immediate family, who suffers injury as
a result of conduct that violates this section may--
``(A) sue therefor in any appropriate United States
district court or in any court of competent jurisdiction; and
``(B) recover damages as provided in subsection (d) and the
cost of the suit, including reasonable attorneys' fees.
``(4) Estoppel.--A final judgment or decree rendered in
favor of the United States in any criminal proceeding brought
by the United States under this section shall estop the
defendant from denying the essential allegations of the
criminal offense in any subsequent civil proceeding brought
by a person or by the United States.
``(d) Actual and Statutory Damages.--
``(1) In general.--In addition to any penalty imposed under
subsection (b), a violator of this section is liable in an
action under subsection (c) for actual or statutory damages
as provided in this subsection.
``(2) Actions by private persons.--A person bringing an
action under subsection (c)(3) may elect, at any time before
final judgment is rendered, to recover the actual damages
suffered by him or her as a result of the violation or,
instead of actual damages, an award of statutory damages for
each violation involved in the action.
``(3) Actions by attorney general.--In any action under
subsection (c)(2), the Attorney General is entitled to
recover an award of statutory damages for each violation
involved in the action notwithstanding any recovery under
subsection (c)(3).
``(4) Statutory damages.--A court may award, as the court
considers just, statutory damages in a sum of not less than
$25,000 or more than $50,000 per violation.
``(e) Rebuttable Presumption.--It shall be a rebuttable
presumption that the violation was committed willfully for
purposes of determining relief under this section if the
violator, or a person acting in concert with the violator,
did not have reasonable grounds to believe, either from the
attention or publicity sought by the violator
[[Page H5425]]
or other circumstance, that the conduct of such violator or
person would not disturb or tend to disturb the peace or good
order of such funeral, impede or tend to impede the access to
or egress from such funeral, or disturb or tend to disturb
the peace of any surviving member of the deceased person's
immediate family who may be found on or near the residence,
home, or domicile of the deceased person's immediate family
on the date of the service or ceremony.
``(f) Definitions.--In this section--
``(1) the term `Armed Forces' has the meaning given the
term in section 101 of title 10 and includes members and
former members of the National Guard who were employed in the
service of the United States; and
``(2) the term `immediate family' means, with respect to a
person, the immediate family members of such person, as such
term is defined in section 115 of this title.''.
(c) Amendment to Title 38.--
(1) In general.--Section 2413 is amended to read as
follows:
``Sec. 2413. Prohibition on certain demonstrations and
disruptions at cemeteries under control of the National
Cemetery Administration and at Arlington National Cemetery
``(a) Prohibition.--It shall be unlawful for any person--
``(1) to carry out a demonstration on the property of a
cemetery under the control of the National Cemetery
Administration or on the property of Arlington National
Cemetery unless the demonstration has been approved by the
cemetery superintendent or the director of the property on
which the cemetery is located; or
``(2) with respect to such a cemetery, to engage in a
demonstration during the period beginning 120 minutes before
and ending 120 minutes after a funeral, memorial service, or
ceremony is held, any part of which demonstration--
``(A)(i) takes place within the boundaries of such cemetery
or takes place within 300 feet of the point of the
intersection between--
``(I) the boundary of such cemetery; and
``(II) a road, pathway, or other route of ingress to or
egress from such cemetery; and
``(ii) includes any individual willfully making or
assisting in the making of any noise or diversion--
``(I) that is not part of such funeral, memorial service,
or ceremony and that disturbs or tends to disturb the peace
or good order of such funeral, memorial service, or ceremony;
and
``(II) with the intent of disturbing the peace or good
order of such funeral, memorial service, or ceremony; or
``(B)(i) is within 500 feet of the boundary of such
cemetery; and
``(ii) includes any individual--
``(I) willfully and without proper authorization impeding
or tending to impede the access to or egress from such
cemetery; and
``(II) with the intent to impede the access to or egress
from such cemetery.
``(b) Penalty.--Any person who violates subsection (a)
shall be fined under title 18 or imprisoned for not more than
one year, or both.
``(c) Civil Remedies.--(1) The district courts of the
United States shall have jurisdiction--
``(A) to prevent and restrain violations of this section;
and
``(B) for the adjudication of any claims for relief under
this section.
``(2) The Attorney General of the United States may
institute proceedings under this section.
``(3) Any person, including a surviving member of the
deceased person's immediate family, who suffers injury as a
result of conduct that violates this section may--
``(A) sue therefor in any appropriate United States
district court or in any court of competent jurisdiction; and
``(B) recover damages as provided in subsection (d) and the
cost of the suit, including reasonable attorneys' fees.
``(4) A final judgment or decree rendered in favor of the
United States in any criminal proceeding brought by the
United States under this section shall estop the defendant
from denying the essential allegations of the criminal
offense in any subsequent civil proceeding brought by a
person or by the United States.
``(d) Actual and Statutory Damages.--(1) In addition to any
penalty imposed under subsection (b), a violator of this
section is liable in an action under subsection (c) for
actual or statutory damages as provided in this subsection.
``(2) A person bringing an action under subsection (c)(3)
may elect, at any time before final judgment is rendered, to
recover the actual damages suffered by him or her as a result
of the violation or, instead of actual damages, an award of
statutory damages for each violation involved in the action.
``(3) In any action brought under subsection (c)(2), the
Attorney General is entitled to recover an award of statutory
damages for each violation involved in the action
notwithstanding any recovery under subsection (c)(3).
``(4) A court may award, as the court considers just,
statutory damages in a sum of not less than $25,000 or more
than $50,000 per violation.
``(e) Rebuttable Presumption.--It shall be a rebuttable
presumption that the violation of subsection (a) was
committed willfully for purposes of determining relief under
this section if the violator, or a person acting in concert
with the violator, did not have reasonable grounds to
believe, either from the attention or publicity sought by the
violator or other circumstance, that the conduct of such
violator or person would not--
``(1) disturb or tend to disturb the peace or good order of
such funeral, memorial service, or ceremony; or
``(2) impede or tend to impede the access to or egress from
such funeral, memorial service, or ceremony.
``(f) Definitions.--In this section--
``(1) the term `demonstration' includes--
``(A) any picketing or similar conduct;
``(B) any oration, speech, use of sound amplification
equipment or device, or similar conduct that is not part of a
funeral, memorial service, or ceremony;
``(C) the display of any placard, banner, flag, or similar
device, unless such a display is part of a funeral, memorial
service, or ceremony; and
``(D) the distribution of any handbill, pamphlet, leaflet,
or other written or printed matter other than a program
distributed as part of a funeral, memorial service, or
ceremony; and
``(2) the term `immediate family' means, with respect to a
person, the immediate family members of such person, as such
term is defined in section 115 of title 18.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 24 is amended by striking the item
relating to section 2413 and inserting the following new
item:
``2413. Prohibition on certain demonstrations and disruptions at
cemeteries under control of the National Cemetery
Administration and at Arlington National Cemetery.''.
SEC. 602. CODIFICATION OF PROHIBITION AGAINST RESERVATION OF
GRAVESITES AT ARLINGTON NATIONAL CEMETERY.
(a) In General.--Chapter 24 is amended by inserting after
section 2410 the following new section:
``Sec. 2410A. Arlington National Cemetery: other
administrative matters
``(a) One Gravesite.--(1) Not more than one gravesite may
be provided at Arlington National Cemetery to a veteran or
member of the Armed Forces who is eligible for interment or
inurnment at such cemetery.
``(2) The Secretary of the Army may waive the prohibition
in paragraph (1) as the Secretary of the Army considers
appropriate.
``(b) Prohibition Against Reservation of Gravesites.--(1) A
gravesite at Arlington National Cemetery may not be reserved
for an individual before the death of such individual.
``(2)(A) The President may waive the prohibition in
paragraph (1) as the President considers appropriate.
``(B) Upon waiving the prohibition in paragraph (1), the
President shall submit notice of such waiver to--
``(i) the Committee on Veterans' Affairs and the Committee
on Armed Services of the Senate; and
``(ii) the Committee on Veterans' Affairs and the Committee
on Armed Services of the House of Representatives.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2410 the following new item:
``2410A. Arlington National Cemetery: other administrative matters.''.
(c) Applicability.--
(1) In general.--Except as provided in paragraph (2),
section 2410A of title 38, United States Code, as added by
subsection (a), shall apply with respect to all interments at
Arlington National Cemetery after the date of the enactment
of this Act.
(2) Exception.--Subsection (b) of such section, as so
added, shall not apply with respect to the interment of an
individual for whom a request for a reserved gravesite was
approved by the Secretary of the Army before January 1, 1962.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army shall
submit to Congress a report on reservations made for
interment at Arlington National Cemetery.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The number of requests for reservation of a gravesite
at Arlington National Cemetery that were submitted to the
Secretary of the Army before January 1, 1962.
(B) The number of gravesites at such cemetery that, on the
day before the date of the enactment of this Act, were
reserved in response to such requests.
(C) The number of such gravesites that, on the day before
the date of the enactment of this Act, were unoccupied.
(D) A list of all reservations for gravesites at such
cemetery that were extended by individuals responsible for
management of such cemetery in response to requests for such
reservations made on or after January 1, 1962.
(E) A description of the measures that the Secretary is
taking to improve the accountability and transparency of the
management of gravesite reservations at Arlington National
Cemetery.
(F) Such recommendations as the Secretary may have for
legislative action as the Secretary considers necessary to
improve such accountability and transparency.
SEC. 603. 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. 604. REQUIREMENTS FOR THE PLACEMENT OF MONUMENTS IN
ARLINGTON NATIONAL CEMETERY.
Section 2409(b) is amended--
(1) by striking ``Under'' and inserting ``(1) Under'';
(2) by inserting after ``Secretary of the Army'' the
following: ``and subject to paragraph (2)''; and
[[Page H5426]]
(3) by adding at the end the following new paragraphs:
``(2)(A) Except for a monument containing or marking
interred remains, no monument (or similar structure, as
determined by the Secretary of the Army in regulations) may
be placed in Arlington National Cemetery except pursuant to
the provisions of this subsection.
``(B) A monument may be placed in Arlington National
Cemetery if the monument commemorates--
``(i) the service in the Armed Forces of the individual, or
group of individuals, whose memory is to be honored by the
monument; or
``(ii) a particular military event.
``(C) No monument may be placed in Arlington National
Cemetery until the end of the 25-year period beginning--
``(i) in the case of the commemoration of service under
subparagraph (B)(i), on the last day of the period of service
so commemorated; and
``(ii) in the case of the commemoration of a particular
military event under subparagraph (B)(ii), on the last day of
the period of the event.
``(D) A monument may be placed only in those sections of
Arlington National Cemetery designated by the Secretary of
the Army for such placement and only on land the Secretary
determines is not suitable for burial.
``(E) A monument may only be placed in Arlington National
Cemetery if an appropriate nongovernmental entity has agreed
to act as a sponsoring organization to coordinate the
placement of the monument and--
``(i) the construction and placement of the monument are
paid for only using funds from private sources;
``(ii) the Secretary of the Army consults with the
Commission of Fine Arts and the Advisory Committee on
Arlington National Cemetery before approving the design of
the monument; and
``(iii) the sponsoring organization provides for an
independent study on the availability and suitability of
alternative locations for the proposed monument outside of
Arlington National Cemetery.
``(3)(A) The Secretary of the Army may waive the
requirement under paragraph (2)(C) in a case in which the
monument would commemorate a group of individuals who the
Secretary determines--
``(i) has made valuable contributions to the Armed Forces
that have been ongoing and perpetual for longer than 25 years
and are expected to continue on indefinitely; and
``(ii) has provided service that is of such a character
that the failure to place a monument to the group in
Arlington National Cemetery would present a manifest
injustice.
``(B) If the Secretary waives such requirement under
subparagraph (A), the Secretary shall--
``(i) make available on an Internet website notification of
the waiver and the rationale for the waiver; and
``(ii) submit to the Committee on Veterans' Affairs and the
Committee on Armed Services of the Senate and the Committee
on Veterans' Affairs and the Committee on Armed Services of
the House of Representatives written notice of the waiver and
the rationale for the waiver.
``(4) The Secretary of the Army shall provide notice to the
Committee on Veterans' Affairs and the Committee on Armed
Services of the Senate and the Committee on Veterans' Affairs
and the Committee on Armed Services of the House of
Representatives of any monument proposed to be placed in
Arlington National Cemetery. During the 60-day period
beginning on the date on which such notice is received,
Congress may pass a joint resolution of disapproval of the
placement of the monument. The proposed monument may not be
placed in Arlington National Cemetery until the later of--
``(A) if Congress does not pass a joint resolution of
disapproval of the placement of the monument, the date that
is 60 days after the date on which notice is received under
this paragraph; or
``(B) if Congress passes a joint resolution of disapproval
of the placement of the monument, and the President signs a
veto of such resolution, the earlier of--
``(i) the date on which either House of Congress votes and
fails to override the veto of the President; or
``(ii) the date that is 30 session days after the date on
which Congress received the veto and objections of the
President.''.
TITLE VII--OTHER MATTERS
SEC. 701. ASSISTANCE TO VETERANS AFFECTED BY NATURAL
DISASTERS.
(a) Additional Grants for Disabled Veterans for Specially
Adapted Housing.--
(1) In general.--Chapter 21 is amended by adding at the end
the following new section:
``Sec. 2109. Specially adapted housing destroyed or damaged
by natural disasters
``(a) In General.--Notwithstanding the provisions of
section 2102 and 2102A of this title, the Secretary may
provide assistance to a veteran whose home was previously
adapted with assistance of a grant under this chapter in the
event the adapted home which was being used and occupied by
the veteran was destroyed or substantially damaged in a
natural or other disaster, as determined by the Secretary.
``(b) Use of Funds.--Subject to subsection (c), assistance
provided under subsection (a) shall--
``(1) be available to acquire a suitable housing unit with
special fixtures or moveable facilities made necessary by the
veteran's disability, and necessary land therefor;
``(2) be available to a veteran to the same extent as if
the veteran had not previously received assistance under this
chapter; and
``(3) not be deducted from the maximum uses or from the
maximum amount of assistance available under this chapter.
``(c) Limitations.--The amount of the assistance provided
under subsection (a) may not exceed the lesser of--
``(1) the reasonable cost, as determined by the Secretary,
of repairing or replacing the damaged or destroyed home in
excess of the available insurance coverage on such home; or
``(2) the maximum amount of assistance to which the veteran
would have been entitled under sections 2101(a), 2101(b), and
2102A of this title had the veteran not obtained previous
assistance under this chapter.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2108 the following new item:
``2109. Specially adapted housing destroyed or damaged by natural
disasters.''.
(b) Extension of Subsistence Allowance for Veterans
Completing Vocational Rehabilitation Program.--Section
3108(a)(2) is amended--
(1) by inserting ``(A)'' before ``In''; and
(2) by adding at the end the following new subparagraph:
``(B) In any case in which the Secretary determines that a
veteran described in subparagraph (A) has been displaced as
the result of a natural or other disaster while being paid a
subsistence allowance under that subparagraph, as determined
by the Secretary, the Secretary may extend the payment of a
subsistence allowance under such subparagraph for up to an
additional two months while the veteran is satisfactorily
following a program of employment services described in such
subparagraph.''.
(c) Waiver of Limitation on Program of Independent Living
Services and Assistance.--Section 3120(e) is amended--
(1) by inserting ``(1)'' before ``Programs''; and
(2) by adding at the end the following new paragraph:
``(2) The limitation in paragraph (1) shall not apply in
any case in which the Secretary determines that a veteran
described in subsection (b) has been displaced as the result
of, or has otherwise been adversely affected in the areas
covered by, a natural or other disaster, as determined by the
Secretary.''.
(d) Covenants and Liens Created by Public Entities in
Response to Disaster-Relief Assistance.--Paragraph (3) of
section 3703(d) is amended to read as follows:
``(3)(A) Any real estate housing loan (other than for
repairs, alterations, or improvements) shall be secured by a
first lien on the realty. In determining whether a loan is so
secured, the Secretary may either disregard or allow for
subordination to a superior lien created by a duly recorded
covenant running with the realty in favor of either of the
following:
``(i) A public entity that has provided or will provide
assistance in response to a major disaster as determined by
the President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
``(ii) A private entity to secure an obligation to such
entity for the homeowner's share of the costs of the
management, operation, or maintenance of property, services,
or programs within and for the benefit of the development or
community in which the veteran's realty is located, if the
Secretary determines that the interests of the veteran
borrower and of the Government will not be prejudiced by the
operation of such covenant.
``(B) With respect to any superior lien described in
subparagraph (A) created after June 6, 1969, the Secretary's
determination under clause (ii) of such subparagraph shall
have been made prior to the recordation of the covenant.''.
(e) Automobiles and Other Conveyances for Certain Disabled
Veterans and Members of the Armed Forces.--Section 3903(a) is
amended--
(1) by striking ``No'' and inserting ``(1) Except as
provided in paragraph (2), no''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may provide or assist in providing an
eligible person with a second automobile or other conveyance
under this chapter if--
``(A) the Secretary receives satisfactory evidence that the
automobile or other conveyance previously purchased with
assistance under this chapter was destroyed--
``(i) as a result of a natural or other disaster, as
determined by the Secretary; and
``(ii) through no fault of the eligible person; and
``(B) the eligible person does not otherwise receive from a
property insurer compensation for the loss.''.
(f) Annual Report.--
(1) In general.--Each year, the Secretary of Veterans
Affairs shall submit to Congress a report on the assistance
provided or action taken by the Secretary in the last fiscal
year pursuant to the authorities added by the amendments made
by this section.
(2) Elements.--Each report submitted under paragraph (1)
shall include the following for the fiscal year covered by
the report:
(A) A description of each natural disaster for which
assistance was provided or action was taken as described in
paragraph (1).
(B) The number of cases or individuals, as the case may be,
in which or to whom the Secretary provided assistance or took
action as described in paragraph (1).
(C) For each such case or individual, a description of the
type or amount of assistance or action taken, as the case may
be.
(g) Effective Date.--The amendments made by this section
shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 702. EXTENSION OF CERTAIN EXPIRING PROVISIONS OF LAW.
(a) Pool of Mortgage Loans.--Section 3720(h)(2) is amended
by striking ``December 31, 2011'' and inserting ``December
31, 2016''.
(b) Loan Fees.--Section 3729(b)(2) is amended--
[[Page H5427]]
(1) in subparagraph (A)--
(A) in clause (iii), by striking ``October 1, 2016'' and
inserting ``October 1, 2017''; and
(B) in clause (iv), by striking ``October 1, 2016'' and
inserting ``October 1, 2017'';
(2) in subparagraph (B)--
(A) in clause (i), by striking ``October 1, 2016'' and
inserting ``October 1, 2017''; and
(B) in clause (ii), by striking ``October 1, 2016'' and
inserting ``October 1, 2017'';
(3) in subparagraph (C)--
(A) in clause (i), by striking ``October 1, 2016'' and
inserting ``October 1, 2017''; and
(B) in clause (ii), by striking ``October 1, 2016'' and
inserting ``October 1, 2017''; and
(4) in subparagraph (D)--
(A) in clause (i), by striking ``October 1, 2016'' and
inserting ``October 1, 2017''; and
(B) in clause (ii), by striking ``October 1, 2016'' and
inserting ``October 1, 2017''.
(c) Temporary Adjustment of Maximum Home Loan Guaranty
Amount.--Section 501 of the Veterans' Benefits Improvement
Act of 2008 (Public Law 110-389; 122 Stat. 4175; 38 U.S.C.
3703 note) is amended by striking ``December 31, 2011'' and
inserting ``December 31, 2014''.
SEC. 703. REQUIREMENT FOR PLAN FOR REGULAR ASSESSMENT OF
EMPLOYEES OF VETERANS BENEFITS ADMINISTRATION
WHO HANDLE PROCESSING OF CLAIMS FOR
COMPENSATION AND PENSION.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a plan that describes how the Secretary
will--
(1) regularly assess the skills and competencies of
appropriate employees and managers of the Veterans Benefits
Administration who are responsible for processing claims for
compensation and pension benefits administered by the
Secretary;
(2) provide training to those employees whose skills and
competencies are assessed as unsatisfactory by the regular
assessment described in paragraph (1), to remediate
deficiencies in such skills and competencies;
(3) reassess the skills and competencies of employees who
receive training as described in paragraph (2); and
(4) take appropriate personnel action if, following
training and reassessment as described in paragraphs (2) and
(3), respectively, skills and competencies remain
unsatisfactory.
SEC. 704. MODIFICATION OF PROVISION RELATING TO REIMBURSEMENT
RATE FOR AMBULANCE SERVICES.
Section 111(b)(3)(C) is amended by striking ``under
subparagraph (B)'' and inserting ``to or from a Department
facility''.
SEC. 705. CHANGE IN COLLECTION AND VERIFICATION OF VETERAN
INCOME.
Section 1722(f)(1) is amended by striking ``the previous
year'' and inserting ``the most recent year for which
information is available''.
SEC. 706. DEPARTMENT OF VETERANS AFFAIRS ENFORCEMENT
PENALTIES FOR MISREPRESENTATION OF A BUSINESS
CONCERN AS A SMALL BUSINESS CONCERN OWNED AND
CONTROLLED BY VETERANS OR AS A SMALL BUSINESS
CONCERN OWNED AND CONTROLLED BY SERVICE-
DISABLED VETERANS.
Subsection (g) of section 8127 is amended--
(1) by striking ``Any business'' and inserting ``(1) Any
business'';
(2) in paragraph (1), as so designated--
(A) by inserting ``willfully and intentionally'' before
``misrepresented''; and
(B) by striking ``a reasonable period of time, as
determined by the Secretary'' and inserting ``a period of not
less than five years''; and
(3) by adding at the end the following new paragraphs:
``(2) In the case of a debarment under paragraph (1), the
Secretary shall commence debarment action against the
business concern by not later than 30 days after determining
that the concern willfully and intentionally misrepresented
the status of the concern as described in paragraph (1) and
shall complete debarment actions against such concern by not
later than 90 days after such determination.
``(3) The debarment of a business concern under paragraph
(1) includes the debarment of all principals in the business
concern for a period of not less than five years.''.
SEC. 707. QUARTERLY REPORTS TO CONGRESS ON CONFERENCES
SPONSORED BY THE DEPARTMENT.
(a) In General.--Subchapter I of chapter 5 is amended by
adding at the end the following new section:
``Sec. 517. Quarterly reports to Congress on conferences
sponsored by the Department
``(a) Quarterly Reports Required.--Not later than 30 days
after the end of each fiscal quarter, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a report on covered conferences.
``(b) Matters Included.--Each report under subsection (a)
shall include the following:
``(1) An accounting of the final costs to the Department of
each covered conference occurring during the fiscal quarter
preceding the date on which the report is submitted,
including the costs related to--
``(A) transportation and parking;
``(B) per diem payments;
``(C) lodging;
``(D) rental of halls, auditoriums, or other spaces;
``(E) rental of equipment;
``(F) refreshments;
``(G) entertainment;
``(H) contractors; and
``(I) brochures or other printed media.
``(2) The total estimated costs to the Department for
covered conferences occurring during the fiscal quarter in
which the report is submitted.
``(c) Covered Conference Defined.--In this section, the
term `covered conference' means a conference, meeting, or
other similar forum that is sponsored or co-sponsored by the
Department and is--
``(1) attended by 50 or more individuals, including one or
more employees of the Department; or
``(2) estimated to cost the Department at least $20,000.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 516 the following:
``517. Quarterly reports to Congress on conferences
sponsored by the Department.''.
(c) Effective Date.--Section 517 of title 38, United States
Code, as added by subsection (a), shall take effect on
October 1, 2012, and shall apply with respect to the first
quarter of fiscal year 2013 and each quarter thereafter.
SEC. 708. PUBLICATION OF DATA ON EMPLOYMENT OF CERTAIN
VETERANS BY FEDERAL CONTRACTORS.
Section 4212(d) is amended by adding at the end the
following new paragraph:
``(3) The Secretary of Labor shall establish and maintain
an Internet website on which the Secretary of Labor shall
publicly disclose the information reported to the Secretary
of Labor by contractors under paragraph (1).''.
SEC. 709. VETSTAR AWARD PROGRAM.
(a) In General.--Section 532 is amended--
(1) by striking ``The Secretary may'' and inserting `` (a)
Advertising in National Media.--The Secretary may''; and
(2) by adding at the end the following new subsection:
``(b) VetStar Award Program.--(1) The Secretary shall
establish an award program, to be known as the `VetStar Award
Program', to recognize annually businesses for their
contributions to veterans' employment.
``(2) The Secretary shall establish a process for the
administration of the award program, including criteria for--
``(A) categories and sectors of businesses eligible for
recognition each year; and
``(B) objective measures to be used in selecting businesses
to receive the award.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended by adding at the end the following: ``; VetStar Award
Program''.
(2) Table of sections.--The table of sections at the
beginning of chapter 5 is amended by striking the item
relating to section 532 and inserting the following new item:
``532. Authority to advertise in national media; VetStar
Award Program.''.
SEC. 710. EXTENDED PERIOD OF PROTECTIONS FOR MEMBERS OF
UNIFORMED SERVICES RELATING TO MORTGAGES,
MORTGAGE FORECLOSURE, AND EVICTION.
(a) Stay of Proceedings and Period of Adjustment of
Obligations Relating to Real or Personal Property.--Section
303(b) of the Servicemembers Civil Relief Act (50 U.S.C. App.
533(b)) is amended by striking ``within 9 months'' and
inserting ``within one year''.
(b) Period of Relief From Sale, Foreclosure, or Seizure.--
Section 303(c) of such Act (50 U.S.C. App. 533(c)) is amended
by striking ``within 9 months'' and inserting ``within one
year''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on the date that is 180 days after
the date of the enactment of this Act.
(d) Extension of Sunset.--
(1) In general.--The amendments made by subsections (a) and
(b) shall expire on December 31, 2014.
(2) Conforming amendment.--Subsection (c) of section 2203
of the Housing and Economic Recovery Act of 2008 (Public Law
110-289; 50 U.S.C. App. 533 note) is amended to read as
follows:
``(c) Effective Date.--The amendments made by subsection
(a) shall take effect on the date of the enactment of this
Act.''.
(3) Revival.--Effective January 1, 2015, the provisions of
subsections (b) and (c) of section 303 of the Servicemembers
Civil Relief Act (50 U.S.C. App. 533), as in effect on July
29, 2008, are hereby revived.
(e) Report.--
(1) In general.--Not later than 540 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the
protections provided under section 303 of such Act (50 U.S.C.
App 533) during the five-year period ending on the date of
the enactment of this Act.
(2) Elements.--The report required by paragraph (1) shall
include, for the period described in such paragraph, the
following:
(A) An assessment of the effects of such section on the
long-term financial well-being of servicemembers and their
families.
(B) The number of servicemembers who faced foreclosure
during a 90-day period, 270-day period, or 365-day period
beginning on the date on which the servicemembers completed a
period of military service.
(C) The number of servicemembers who applied for a stay or
adjustment under subsection (b) of such section.
(D) A description and assessment of the effect of applying
for a stay or adjustment under such subsection on the
financial well-being of the servicemembers who applied for
such a stay or adjustment.
(E) An assessment of the Secretary of Defense's
partnerships with public and private sector entities and
recommendations on how the Secretary should modify such
partnerships to
[[Page H5428]]
improve financial education and counseling for servicemembers
in order to assist them in achieving long-term financial
stability.
(3) Period of military service and servicemember defined.--
In this subsection, the terms ``period of military service''
and ``servicemember'' have the meanings given such terms in
section 101 of such Act (50 U.S.C. App. 511).
Amend the title so as to read: ``An Act A bill to amend title 38,
United States Code, to furnish hospital care and medical services to
veterans who were stationed at Camp Lejeune, North Carolina, while the
water was contaminated at Camp Lejeune, to improve the provision of
housing assistance to veterans and their families, and for other
purposes.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Miller) and the gentleman from Maine (Mr. Michaud) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida.
Mr. MILLER of Florida. Mr. Speaker, I yield myself as much time as I
might consume.
General Leave
Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all
Members would have 5 legislative days to revise and extend their
remarks and add any extraneous material on the bill under consideration
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. MILLER of Florida. As the chairman of the House Committee on
Veterans Affairs, I rise in support of the Senate amendments to H.R.
1627. This is a comprehensive, bipartisan, bicameral legislative
package to provide for the needs of veterans, their families and
survivors through improved health care, housing, education, and
memorial services.
In addition, the Senate amendments to H.R. 1627 would improve the
accountability and transparency of the Department of Veterans Affairs,
ensuring that VA is responsible to those it serves, our American
veterans.
As the title of this bill implies, this legislation would authorize
VA health care services for veterans and their families for certain
illnesses that manifested as a result of exposure to water
contamination at Camp Lejeune, North Carolina, during a 30-year span
that ended in 1987.
I want to specifically acknowledge the efforts of retired Marine
Master Sergeant Jerry Ensminger, whose dogged efforts to seek answers
from the government and justice for the victims of the water
contamination inspired this bill. In honor of Jerry's daughter, Janey,
who died of leukemia at the age of 9 after time spent at Camp Lejeune
when the water was contaminated, title I of this bill bears her name.
Finally, I thank Representative Brad Miller and Senator Richard Burr,
the original sponsors of the Camp Lejeune legislation in the House and
the Senate, for their leadership. And although this legislation
represents a hard-fought victory, we must not forget those who are no
longer with us to see it become law.
I think when Senator Burr said this, he said it best:
Unfortunately, many who were exposed have died as a result
and are not here to receive the care this bill can provide.
While I wish we could have accomplished this years ago, we
now have the opportunity to do the right thing for thousands
who were harmed during their service to our country.
And I couldn't agree more.
In addition to the veterans of Camp Lejeune, section 106 of this bill
contains legislation the chairwoman of the Subcommittee on Health, Ms.
Buerkle, introduced, H.R. 2074, the Veterans Sexual Assault Prevention
Act. The section and her bill, which passed the House last year, would
address the serious failure of the Department of Veterans Affairs to
prevent and report sexual assault incidents and corresponding flaws in
the security of their facilities. It creates a fundamentally safer
environment for our veterans and VA employees by requiring an
accountable and comprehensive oversight system.
I want to express my personal appreciation to Ms. Buerkle for her
advocacy on behalf of women and all of our veterans. In just 2 short
years, she has proven herself to be a committed and strong voice for
servicemembers and veterans, not only in the State of New York, but
across this country.
Her considerable expertise as a nurse, a lawyer, and a mother of six
was the reason I chose her to be the chairwoman of the Subcommittee on
Health, and I can tell you that in the roll that she has played, she
has never wavered from doing what is right for all of our veterans.
The bill also includes several worthy legislative proposals to
improve health care services brought forth from our Members on both
sides of the aisle and in both Chambers, the House and in the Senate.
This bill also addresses several other areas where we will be able to
expand and improve health care for veterans. It would allow for greater
flexibility in VA payments to State veterans homes, break down barriers
to care for veterans with traumatic brain injury, clarify the access
rights of service dogs on VA property, and improve care for rural
elderly and homeless veterans.
This bill also addresses several important matters related to
veterans' housing. Because many of our returning wounded warriors need
assistance modifying their residences to meet their needs, this bill
would reauthorize and expand several provisions relating to the
Specially Adapted Housing Grant Program.
These grants provide funding to eligible disabled veterans and
servicemembers who adapt homes that they own or homes that they are
currently living in to meet their daily needs. Adaptations can include
grab bars in bathrooms, widening doorways for wheelchairs, or
constructing a wheelchair ramp. These grants are imperative to
affording veterans the level of independent living that they were
accustomed to prior to their injury and that they may not be able to
otherwise enjoy.
As many of us are aware, far too many of our veterans have found
themselves on hard times and are homeless or are at risk for
homelessness. To combat this problem, this bill would authorize funding
for additional housing options for homeless veterans to help them gain
stability and obtain access to other treatment and services that they
may need from VA.
The next area of the bill would be in addressing education. We all
know that we have provided a very generous benefit to the veterans in
the post-9/11 GI Bill. The problem is that we have never really tracked
the performance of the bill or if the benefits are effective in
training veterans to be leaders of tomorrow. Therefore, this
legislation would increase our oversight of post-9/11 educational
benefits by requiring annual reports to Congress on the effectiveness
of these benefits and how they're being utilized.
I want to thank my friend, Congressman Gus Bilirakis, for introducing
this provision in H.R. 2274 and for his leadership on improving
transparency for the post-9/11 GI Bill.
Another critical area addressed by this legislation is that of
veteran benefits. Over the last 3 years, we've seen the disability
claims backlog grow exponentially, with more than 900,000 claims now
awaiting decisions. Fifty percent of those have been pending for a
period of 125 days or more. Despite repeated promises from VA to break
the backlog, it continues to grow.
Therefore, the provisions of this bill that address benefit matters
will assist in processing claims more efficiently:
First, it would allow veterans to automatically waive regional office
review of evidence submitted directly to the Board of Veterans Appeals
for claims in appellate status;
Second, it would allow veterans in need of assistance with claims to
have a signatory on their behalf assist them with the claims process;
Third, it would modernize VA's statutory duty to assist by
authorizing electronic communications, potentially saving weeks in a
claim's processing time;
Fourth, to alleviate the burdens of redundant paperwork, veterans
would now be able to file jointly for Social Security and indemnity
compensation;
Finally, to promote accountability of individual claims processors,
VA would be required to present a plan in 6 months on how it will take
corrective action when their employees need training to do their jobs
well.
{time} 1620
I want to thank my friend Mr. Runyan from New Jersey, the chairman of
[[Page H5429]]
the Subcommittee on Disability Assistance and Memorial Affairs, for his
dedication to our Nation's veterans and for his focus on advancing
legislation such as H.R. 2349, which will achieve measurable results in
alleviating the backlog of claims.
While many of these provisions that I have discussed thus far have
focused on our efforts to honor our commitment to the brave men and
women who serve our Nation, including those transitioning from the
recent conflicts in Iraq and Afghanistan, we must also continue our
commitment to our fallen heroes. Accordingly, this bill also sets out
specific criteria that prohibit disruptions and protests of funerals of
members of the Armed Forces at VA national cemeteries and at Arlington
National Cemetery, including the imposition of criminal and civil
liability for violations of these restrictions.
In addition, given the sacred nature of Arlington National Cemetery,
a name synonymous with honoring American freedom, this legislation
would codify a prohibition on the reservation of grave sites at
Arlington National Cemetery, with very limited exceptions. I worked
closely with Mr. Runyan on this prohibition to ensure that many future
generations of American heroes will be buried and honored at Arlington
National Cemetery. I want to thank him again for his leadership on this
issue and for originally introducing H.R. 1484.
Similarly, I introduced the original measure on H.R. 1627, which
would place restrictions on the type and placement of monuments at
Arlington National Cemetery due to the fact that the cemetery, itself,
is a monument. Arlington National Cemetery is a unique national
treasure. It is for this reason that this legislation is necessary to
ensure that the integrity of the cemetery is preserved both in its
utilization of land with the placement of monuments and with its
allocation of grave sites.
Finally, this comprehensive legislative package also contains several
miscellaneous provisions affecting our Nation's veterans. Although
these areas may not receive as much attention, such as health care or
benefits, they are no less important to improving the lives of the
veterans of this country.
I want to thank the ranking member, Mr. Filner, as well as the
chairman and ranking member of the Senate Committee on Veterans'
Affairs, Senator Murray and Senator Burr, for their insight and
cooperation on advancing this compromise bill today.
I want to reiterate that this bill is paid for both in its mandatory
and discretionary costs via offsets that have been used many times by
this committee and that have historically been supported by both sides
of the aisle.
Finally, Mr. Speaker, I ask unanimous consent to insert a floor
colloquy between me and the gentleman from Maine (Mr. Michaud).
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. MILLER of Florida. Once again, I thank all of the members of the
committee, as well as the staffs of the House and the Senate on
Veterans' Affairs, for their work on this bill, and I urge all Members
to support the Senate amendments to H.R. 1627.
With that, I reserve the balance of my time.
Mr. Speaker, the Committees have prepared an explanation of certain
provisions contained in the amendment to H.R. 1627, as amended, to
reflect a Compromise Agreement between the Committees. Differences
between the provisions contained in the Compromise Agreement and the
related provisions of the House Bills and the Senate Bills are noted in
this document, except for clerical corrections, conforming changes made
necessary by the Compromise Agreement, and minor drafting, technical,
and clarifying changes. This Explanatory Statement is contained in the
Congressional Record of July 18, 2012.
Mr. MICHAUD. Mr. Speaker, I yield myself such time as I may consume.
I rise today in strong support of H.R. 1627, as amended, the Honoring
America's Veterans and Caring for Camp Lejeune Families Act of 2012.
This bill represents the hard work of both Chambers and of both sides
of the aisle.
I want to thank Chairman Miller and Ranking Member Filner, as well as
Senator Murray and Senator Burr and all of my colleagues on the
Veterans' Affairs Committees in both Chambers, for all of the work that
went into crafting this legislation.
This bill provides health care benefits to veterans and family
members who have suffered illnesses due to exposure to harmful
chemicals through drinking contaminated water while stationed at Camp
Lejeune, North Carolina.
This bill also provides important improvements to enable the VA to
better care for veterans living in rural areas. These veterans
constitute 40 percent of the veterans who seek care at VA. These
improvements include: waiving the collections of copayments for
veterans who use telehealth or telemedicine services; authorizing VA to
pay travel benefits to veterans seeking care at vet centers; requiring
VA to establish and operate Centers of Excellence for rural health
research, education, and clinical activities; finally, requiring VA to
create a system for the consultation and assessment of mental health,
traumatic brain injury, and other conditions through teleconsultation.
A provision I am particularly proud of will improve the care provided
to our elderly veterans and to those who are 70-percent disabled or
higher in our State veterans' nursing homes.
This bill makes improvements in the area of veterans' benefits and
the claims process. One such improvement, a provision based on a
measure introduced by Ranking Member Filner, enables a veteran or a
family member, on an appeal, to waive the current requirement that new
evidence be first considered by the VA. This provision would enable the
Board of Veterans' Appeals to review evidence submitted directly to it
instead of waiting for a redecision at the agency level.
This bill includes important housing provisions as well. One
provision would help veterans with vision impairments and veterans
residing temporarily in housing owned by a family member by aligning
VA's definition of ``blindness'' with the definition of ``blindness''
under existing Federal laws.
This bill provides that the amount made available to veterans who
receive a temporary residence adaptation grant is not counted against
the maximum allowable under the Specially Adapted Housing program.
Also, this bill makes permanent the authority of VA to guarantee
adjustable rate and hybrid rate mortgages.
Mr. Speaker, I have only highlighted a few of the important parts of
this bill that were found in H.R. 1627, as amended. I would encourage
my colleagues on both sides of the aisle to support this very important
veterans' measure.
I reserve the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, I am happy to yield such time as
she may consume to the chairwoman of the Subcommittee on Health, the
gentlewoman from New York (Ms. Buerkle).
Ms. BUERKLE. I rise in support of the Senate amendments to H.R. 1627,
the Honoring American Veterans and Caring for Camp Lejeune Families Act
of 2012.
Included in this bill are provisions that reflect the oversight work
of the Subcommittee on Health, which I am honored to chair. Central to
the health care portion of this legislation is section 106, which would
require the Department of Veterans Affairs to develop and implement a
comprehensive policy on the prevention, monitoring, reporting, and
tracking of sexual assaults and other safety incidents that occur at VA
medical facilities.
This provision was originally passed in the House last year in H.R.
2074, as amended, the Veterans Sexual Assault Prevention Act. I
introduced this measure last year in response to a disturbing GAO
report, which found that between 2007 and 2010 some 284 instances of
alleged sexual assault occurred in VA medical facilities around the
country. As a former registered nurse and domestic violence counselor,
I am all too familiar with the corrosive and harmful effects sexual and
physical violence can have in the lives of its victims. Abusive
behavior, like the kind documented by the GAO, is unacceptable. For it
to be found in what should be an environment of healing for our honored
veterans is simply unforgivable.
This bill would establish and enforce critically important actions to
correct the serious safety vulnerabilities, security problems, and
oversight failures
[[Page H5430]]
by VA leadership that threaten the safety of veterans who seek care
through the Department and of the hardworking employees who provide
that care. I am confident that the comprehensive requirements mandated
in this bill will resolve the deficiencies the GAO uncovered and ensure
that the VA health care system is a safe and secure place for our
veterans and their families to seek care.
I have been working furiously since last October, when this provision
first passed the House, to get it through the Senate and signed into
law by the President. I am very pleased and relieved that the day has
finally come--and not a moment too soon--for those who need it.
However, my oversight does not stop at the President's desk. With this
statement, I am putting the VA on notice that I will remain vigilant in
ensuring that the legislation is implemented swiftly, as intended, to
protect veterans and employees at VA medical facilities.
Also included in this bill, Mr. Speaker, is a measure that would
allow for greater flexibility in establishing rates for reimbursements
to State homes for nursing home care that is provided to certain
service-connected veterans. This proposal was also included in H.R.
2074.
{time} 1630
I want to thank the gentleman from Maine and ranking member of the
Subcommittee on Health for his very hard work in introducing this
provision and the manner in which he continues to embody a true
bipartisan spirit to advance legislation for the benefit of our
veterans, as well as their families. Additionally, the bill includes a
measure to expand the ability of worthy nonprofit entities to obtain
grants to provide services for homeless veterans.
Our colleague from the State of Washington, Dave Reichert, has been a
strong advocate for establishing these important enhancements. I am
pleased that this provision he introduced is included in the bill. I'm
pleased that this provision for which he has been a strong advocate has
been included. There are so many other important provisions, including
improving rehabilitative care to veterans with traumatic brain injury,
waiving the collection of co-payments for telehealth and telemedicine,
establishing an initiative to expand beneficiary travel reimbursements
to veterans, clarifying the access rights of service dogs on VA
property and VA facilities, and providing medical care for certain
veterans and their families who were exposed to contaminated water at
Camp Lejeune.
It has been an honor for me, Mr. Speaker, to work with my colleagues
in the House and the Senate on this legislation. In particular, I am
grateful for the hard work, as well as the leadership, of our chairman,
Mr. Miller of Florida.
Mr. Speaker, I urge all of my colleagues to join me in supporting
this legislation.
Mr. MICHAUD. Mr. Speaker, at this time I yield 5 minutes to the
gentleman from Michigan (Mr. Dingell).
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
Mr. DINGELL. Mr. Speaker, I am delighted that we are finally
addressing the problem before the House, and I rise in strong support
of H.R. 1627, the Honoring America's Veterans and Caring for Camp
Lejeune Families Act. This is long overdue.
The most noteworthy thing we can observe about the behavior of the
military leadership is they have been uncooperative and have been most
diligent in obfuscating the problem and seeing to it that the matter
has been unduly dawdled over while our military personnel were both put
at risk and placed in a position where their families also shared that
risk and hazard. I want to thank Chairman Miller, Ranking Member
Filner, the gentleman from North Carolina, Mr. Miller, and my dear
friend, Mr. Michaud, for the things that they have done to see to it
that finally justice is being done.
The victims of the Camp Lejeune contamination disaster have waited
too long for justice for themselves and for their families. The passage
of this legislation today is an important first step in moving forward
and providing for the victims of what has been a long and ongoing
tragedy. It is also evidence that there is still a great need for us to
see to it that the military cooperates in these kinds of investigations
and see to it that the military goes beyond that and that they conduct
a cleanup of the military facilities where we send our military
personnel and their families.
In 2004, I conducted a series of investigations into this and other
contamination problems as the ranking member of the House Committee on
Energy and Commerce. After meeting with the Marine Corps personnel and
Master Sergeant Jerry Ensminger, whose daughter died of a rare form of
leukemia at the age of 9, I must confess that I can come to no
conclusion other than that that was caused by where her father had been
serving and the fact that the military had not been diligent in
cleaning up its messes.
These investigations revealed a great coverup and much foot dragging
and obfuscation on the part of the Department of the Navy to properly
deal with the consequences of the contamination. They also showed other
failures by the Department of Defense in other places, including
installations in far distant points of service like Japan.
With the passage of this bill, veterans of Camp Lejeune and their
families who also served there are going to receive some measure of
justice and help in addressing the problems they have because of where
they were compelled to serve and because of lack of diligence on the
part of the military to see that they were properly cared for. They
will now be eligible, if they served between 1957 and 1987, to receive
VA health benefits for illnesses connected with that contamination.
While the passage of this legislation is a success, we all know
there's much more to be done. The veterans deserve the presumptions of
the service connection in the bill to ensure that they receive
important benefits to which they are due. That is simply a proper
concern for our veterans and for their safety. They and their families
should not be put at unnecessary risk by places that they serve solely
by reason of the fact that they serve at a particular place and because
of slothful, improper behavior by the Department of Defense higher-ups
and because of coverups in which they did not cooperate in seeing to
the proper safeguards of our Federal employees there and our military
personnel who were serving there involuntarily as a part of their
superb contribution to the safety of this Nation.
The fight continues, and I'm hopeful that we can continue to bring
justice to the victims of Camp Lejeune, and to see to it that others of
our military are not put at risk because of slothful, improper, and
dilatory behavior by the Department of Defense.
I ask my colleagues here to understand our duty in seeing to it that
the families of our military and our military personnel are not put at
risk by where they serve or by indifferent and careless behavior of
their government. The government has a duty not just to see to it that
our military personnel are made whole, but they do have the duty to see
to it that our military bases and military service are not put at risk
by actions which make the points of service of our military
unnecessarily risky because of contamination in the places where our
military and their families live and work.
Here we have another high duty, and that is to see to it that the
military personnel are kept safe with their families at their side as
they serve in the military bases.
The Military leadership must recognize their responsibility not to
put our soldiers, sailors and airmen at risk by reason of the places
they serve. They confront enough risk from their duty, without careless
and indifferent behavior of their superiors, who first disregard safety
of the facilities, and then expand the risk by reason of cover ups and
obfuscation of the facts and the need to clean up messes unnecessarily
caused and improperly denied.
Mr. MILLER of Florida. Mr. Speaker, how much time is remaining?
The SPEAKER pro tempore. The gentleman from Florida has 5 minutes
remaining, and the gentleman from Maine has 11\1/2\ minutes remaining.
Mr. MILLER of Florida. Mr. Speaker, I am happy to yield 2 minutes to
the chairman of the Subcommittee on Economic Opportunity, Mr. Stutzman,
from the great State of Indiana.
Mr. STUTZMAN. Mr. Speaker, I thank the chairman for yielding and
[[Page H5431]]
for his leadership on the Veterans' Affairs Committee.
I rise in strong support for the Senate amendments to H.R. 1627. The
bill is a product of many months of bipartisan work to improve the
lives of our veterans and their families.
I'm very proud of sections 706 and 707, which contained provisions I
introduced in H.R. 1657 and H.R. 2302 respectively. Section 706 would
tighten the process to debar firms that willfully and intentionally
misrepresent themselves as veteran or service-disabled veteran-owned
small businesses by stipulating a 5-year debarment period from
contracting with the VA for the company and its principals. Section 706
would also require VA to complete the debarment no later than 90 days
after such finding.
Mr. Speaker, section 707 of the underlying bill would require VA to
provide a quarterly report to Congress on the cost of the Department's
conferences. Every year, VA spends millions of dollars on conferences.
While I understand the need for such meetings, recent history is
sufficient to demand an accounting so Congress can provide proper
oversight of such spending. Section 707 would require VA to report on
conferences costing $20,000 or more or on conferences attended by 50 or
more people, including at least one VA employee. It would also require
VA to estimate the cost of conferences to be held during the quarter in
which the report is provided.
In closing, Mr. Speaker, for our veterans and their families, I urge
my colleagues to support the Senate amendments to H.R. 1627.
{time} 1640
Mr. MICHAUD. Mr. Speaker, at this time, I yield 2 minutes to the
gentleman from North Carolina (Mr. Miller).
Mr. MILLER of North Carolina. Mr. Speaker, the Department of the Navy
has known for 30 years that the drinking water at Camp Lejeune was
contaminated. They've known for 20 years exactly what chemicals were in
the water. The science may have been slow to develop on the effects of
exposure to those chemicals, but they knew better than to say there was
nothing to worry about, which is what they did.
The Navy concealed information from Marines and their families who
drank the water, cooked with it, and bathed in it. They withheld
information from the Centers for Disease Control and from Congress. And
they have shamefully failed to take responsibility for the contaminated
water.
Senator Burr and I introduced companion bills 2 years ago to provide
treatment for certain diseases associated with exposure to the water.
That legislation, the Janey Ensminger Act, is title I of this bill.
Justice requires at least the benefits the Janey Ensminger Act
provides.
I thank Chairman Miller and the Veterans' Affairs Committee for
bringing this bill to the floor.
Mr. MILLER of Florida. If I might inquire how many further requests
for time the gentleman from Maine (Mr. Michaud) has.
Mr. MICHAUD. I have one further request for time, and then I am
prepared to close.
Mr. MILLER of Florida. I will reserve the balance of my time at this
point.
Mr. MICHAUD. Mr. Speaker, at this time, I yield 2 minutes to the
gentlewoman from New York (Mrs. Maloney).
Mrs. MALONEY. I thank the gentleman for yielding and for his hard
work on this bill and in so many other areas in our Congress, not just
for veterans and the military, but in a large array of areas, from
health to national security, where he has been a leader.
I rise in strong support today of H.R. 1627, as amended, the Honoring
America's Veterans and Caring for Camp Lejeune Families Act of 2012.
This represents the hard work of both sides of the aisle. I thank
Chairman Miller, Ranking Member Filner, as well as the gentleman from
Maine (Mr. Michaud) and Representative Miller from North Carolina on
our side who have been leaders on this issue.
I am particularly proud to rise in support of this legislation to
finally give medical coverage and justice to those military families
previously stationed at Camp Lejeune where, for three decades--three
decades--thousands of Marines and their families consumed water
contaminated with toxic chemicals that likely led to very serious
illnesses.
Because of travesties like this, I authored an amendment to the 2012
Defense authorization bill prohibiting the secrecy of information about
water contamination on our military bases. I asked Secretary Panetta
for transparency to help strike the necessary balance between
safeguarding our national interests and preventing another Camp Lejeune
scandal from happening that endangers the health of our military
families here on the soil of our country.
I strongly support this bill because this is a big step in making
sure that our veterans are continuously cared for throughout their
deployment and thereafter here at home and are not put at risk for
their health.
The SPEAKER pro tempore. With respect to the gentleman's earlier
request to enter a colloquy that was granted earlier, the Chair would
clarify that a colloquy may not be inserted into the Record but that
two statements may be inserted independently under general leave.
Mr. MILLER of Florida. Mr. Speaker, I have one other speaker that had
a late train that I was trying to wait on, but apparently he is not
going to be able to make it. So I am prepared to close after Mr.
Michaud closes.
Mr. MICHAUD. Mr. Speaker, I am particularly pleased with this package
because it also includes legislation that I have been working on for
well over 2 years that will ensure that our severely disabled and
elderly veterans are able to get the care they need. Specifically, my
bill requires the VA to enter into contracts or provider agreements
with State Veterans Nursing Homes in order to get the reimbursement
that they adequately need to take care of our veterans.
Without this legislation, State Veterans Homes will not get
reimbursed properly for the services they provide for our veterans.
According to data from the National Association of State Veterans
Homes, the average rate for care is roughly $359 per veteran per day,
while VA only reimburses the homes $235 per day. This difference of
$124 per day amounts to over $45,000 per year for each covered veteran.
And with approximately 25,000 beds nationwide, the financial burden on
State Veterans Homes could become crippling.
Passing this legislation into law will ensure that our State Veterans
Homes are paid adequately for the services they provide and can
continue to serve our veterans that are in need of those services.
I want to thank Chairman Miller and Ranking Member Filner for their
support of this bill and for working to bring this legislation to the
floor. Our veterans will be better off as a result.
I also would like to thank Chairwoman Buerkle for her efforts as
well, working in a bipartisan manner, and staff on both the majority
and minority sides for bringing this bill forward,
Mr. Speaker, I have a question for Mr. Miller. He had mentioned
earlier about a colloquy. If those colloquies are entered separately,
will that be made a part of the Record?
The SPEAKER pro tempore. The gentleman is correct.
Mr. MILLER of Florida. Mr. Speaker, if we could go ahead and do the
colloquy at this time, that way we'll make sure it's in the Record.
Mr. MICHAUD. Mr. Speaker, I would like to ask my colleague about
section 102 of the bill. That provides medical care for certain medical
conditions for veterans and their families who lived at Camp Lejeune
from 1957 through 1987.
There is one provision applicable to family members where VA would
reimburse family members for health care services provided under this
section but only after they exhaust reasonably available alternative
reimbursements.
I want to ensure that this language is not read to mean that family
members must actually file suit under the Federal Tort Claims Act or
even come to end of litigation under a suit filed under the Federal
Tort Claims Act to ensure the medical care offered by this provision.
Can my colleague confirm this?
Mr. MILLER of Florida. I thank the gentleman for the question. It
allows me to reassure those veterans and family members in the
strongest terms possible that this language, which does
[[Page H5432]]
appear in section 1787(b)(3) of title 38 of the U.S. Code, absolutely
does not--does not--require that any suit be filed under the Federal
Tort Claims Act in order to secure this medical care as long as they
meet the other requirements of the bill.
As you have noticed, that provision only requires exhaustion of
``reasonably available'' remedies. In the legislation, we are explicit
that we want this care to be provided for family members even though at
the present time, there is insufficient medical evidence to conclude
that the illnesses or conditions listed in the bill are attributable to
those exposures.
For this and other reasons surrounding litigation under the Federal
Tort Claims Act, such an FTCA remedy can't be considered to be
``reasonably available.'' To require exhaustion under the Federal Tort
Claims Act would go completely against the intent of this piece of
legislation to make this medical care available to these family members
for these conditions so long as VA is considered the final payer as far
as other third-party health plans.
Mr. MICHAUD. I thank the gentleman.
Mr. Speaker, with that, I have no further requests for time, and I
yield back the balance of my time.
{time} 1650
Mr. MILLER of Florida. Mr. Speaker, I once again encourage all
Members to support the Senate amendments to H.R. 1627, and I yield back
the balance of my time.
Mr. RUNYAN. Mr. Speaker, I rise in support of H.R. 1627, as amended,
``The Honoring of America's Veterans and Caring for Camp Lejeune
Families Act of 2012.''
There are several components to this legislation, and they are all
aimed toward improving veterans' lives after their selfless sacrifice
to our nation.
I would like to draw attention to the provisions that ensure the
Veterans' benefits process is more efficient, accountable, and fair for
all Veterans and their families.
Section 703 of H.R. 1627 addresses the minimalist approach the VA has
adopted in complying with its employee skills certification mandate.
This provision would address disparities in experience and training,
while facilitating the individual accountability of employees.
The VA would conduct testing procedures that indicate basic
competency of all claims processors and managers.
Test results indicating less than satisfactory scores on the exam
would necessitate an individualized remediation program to aid them in
improving their areas of deficiency.
Repeated failure after remediation would require the VA to take
necessary personnel actions.
Additionally, Section 504 implements the use of electronic
communication within the VA in providing notices of responsibility to
claimants.
It also removes administrative provisions which have slowed down the
processing of Veteran's disability claims.
In total, this section would increase efficiency and help modernize
the VA by authorizing the most effective means available for
communication while simultaneously removing administrative red tape.
Lastly, another provision that would reduce the claims backlog is
Section 505, which clarifies the meaning of the VA's duty to assist
claimants in obtaining evidence needed to verify a claim.
As a result, this section establishes a clear and reasonable standard
for private record requests as ``not less than two requests.''
In addition, this section will encourage claimants to take a
proactive role in the claims process.
I would like to take the remaining time to commend and thank the
Committee for working with me in addressing the concerns affiliated
with Arlington National Cemetery.
As Chairman of the House Veterans Affairs Disability Assistance and
Memorial Affairs Subcommittee, DAMA, I am very pleased that our
Committee continues to improve the ways in which we honor our veterans
and preserve Arlington National Cemetery, ANC, as the sacred final
resting place for those who have given the ultimate sacrifice in
service to our country.
As a member of both the House Veterans Affairs and House Armed
Services Committees, with a large veterans population and joint
military installation in my home District, it has been an honor to join
my colleagues in support of H.R. 1627, as amended, and to work in a
bipartisan manner on behalf of veterans.
I would like to thank each of them for their tireless support on
behalf of our veterans--the heroes who protect the freedoms we all
enjoy. I know they share my commitment to ensuring that we take care of
our veterans and military servicemembers.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Miller) that the House suspend the rules
and concur in the Senate amendments to the bill, H.R. 1627.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate amendments were concurred in.
A motion to reconsider was laid on the table.
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