[Congressional Record (Bound Edition), Volume 157 (2011), Part 6]
[Senate]
[Pages 8733-8741]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. WYDEN (for himself, Mr. Enzi, Mr. Barrasso, and Mr. 
        Merkley):
  S. 1144. A bill to amend the Soda Ash Royalty Reduction Act of 2006 
to extend the reduced royalty rate for soda ash; to the Committee on 
Energy and Natural Resources.
  Mr. President, today my colleagues Sen. Barrasso, Sen. Enzi, Sen. 
Merkley, and I are introducing the Soda Ash Competition Act. Soda ash, 
or ``disodium carbonate'', is an industrial mineral used in the 
production of glass and other products. In 2006, in response to efforts 
by foreign competitors to subsidize non-U.S. production and gain 
competitive advantages in the world market, including the partial 
suspension of value added taxes, VAT, by China, Congress enacted 
legislation to provide a partial suspension of Federal royalties on the 
ore mined to produce soda ash on Federal lands for 5 years. This 
royalty relief reduced the Federal royalty rate from 6 percent to 2 
percent and helped U.S. soda ash producers to remain competitive in the 
international market. Over the past 5 years, the U.S. industry has been 
able to invest hundreds of millions of dollars in production capacity 
and maintain its market here and abroad. As a result, American 
companies and workers have provided important economic activity here at 
home, provided a U.S. export valued at nearly $1 billion a year, all 
while continuing to generate tens of millions of dollars to the 
Treasury in mineral royalties.
  Foreign competition continues to be an issue for the U.S. soda ash 
industry, including unfair manipulation of value added taxes that would 
otherwise be levied on competing foreign supplies. In 2007, China 
resumed its practice of suspending part of the 17 percent VAT on 
synthetic soda ash to aid its domestic producers. On May 31, 2011, 
members of both the House and Senate wrote to Commerce Secretary Gary 
Locke and U.S. Trade Representative Ron Kirk requesting this unfair 
trade practice be raised with China through the Joint Commission on 
Commerce and Trade.
  The current statutory royalty relief authority for soda ash expires 
on October 12, 2011, and this bill would extend that authority for five 
more years. The Department of Interior is currently preparing an 
analysis, which will provide further information on the impact of the 
current soda ash royalty relief and foreign competition on U.S. 
producers. This study is required by the same 2006 law that authorized 
the current royalty reduction in order to give Congress additional 
information to consider a future extension. We had hoped that this 
analysis would have been completed by now and first wrote to the 
Secretary of Interior over a year ago seeking to expedite completion of 
the Department's work. Unfortunately, the analysis has not been 
completed and the statutory clock is ticking. My colleagues and I are 
introducing the bill at this time because, given the looming deadline, 
the Senate needs to begin examination of this matter sooner rather than 
later.
  We look forward to working with our colleagues on the Energy and 
Natural Resources Committee and the Senate to address this issue before 
time runs out on the current authority and U.S. soda ash production of 
this important mineral loses this tool to offset foreign production 
subsidies.
  Mr. President, I ask unanimous consent that a letter of support be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                Congress of the United States,

                                     Washington, DC, May 31, 2011.
     Hon. Gary Locke,
     U.S. Secretary of Commerce, Constitution Ave., NW., 
         Washington, DC.
     Hon. Ron Kirk,
     U.S. Trade Representative, 600 17th Street, NW.,
     Washington, DC.
       Dear Secretary Locke and Ambassador Kirk: We are writing to 
     express our continued concerns about China's use of a Value-
     Added Tax (VAT) rebate to promote its soda ash industry at 
     the expense of U.S. exports. For over two years, China has 
     provided its domestic manufacturers with an artificial 
     incentive to export through a 9% rebate of the 17% VAT. For a 
     number of reasons, we ask that the issue of the soda ash VAT 
     rebate be specifically included on the JCCT agenda this fall.
       After suspending its VAT rebate for soda ash in July 2007, 
     China reinstated the soda ash rebate in April 2009 to 
     encourage its own exports during the global economic crisis. 
     China's state-supported soda ash industry is the largest in 
     the world and this policy is harmful to its international 
     competitors, particularly U.S. soda ash manufacturers. As you 
     may know, U.S. soda ash has a natural advantage over Chinese 
     soda ash, based on a manufacturing process that is much more 
     sustainable in terms of environmental protection and energy 
     use than the synthetic processes used in China. China's 
     manipulation of the VAT rebate to support its domestic soda 
     ash industry also has wider implications--not only is it 
     economically unjustified, it contravenes China's own 
     interests in shifting energy resources from more productive 
     and efficient industries.
       We must focus on Chinese policies that are a direct threat 
     to U.S. exports and U.S. jobs. The soda ash VAT rebate is one 
     such policy. Chinese exports compete directly with U.S. soda 
     ash exports in the Asia-Pacific market and beyond. Although 
     the VAT is just one part of China's overall industrial 
     policy, the soda ash VAT rebate is a distinct threat to U.S. 
     manufacturing in a sector where the United States enjoys a 
     natural competitive

[[Page 8734]]

     advantage. If we don't stand up for the pillars of our 
     export-based manufacturers like the soda ash industry--and 
     the U.S. workers employed throughout the soda ash supply 
     chain--we cannot seriously contend we are doing everything we 
     can to support U.S. exports.
       We ask that the Department of Commerce and the U.S. Trade 
     Representative's Office ensure that the soda ash VAT rebate 
     is raised at the highest levels with Chinese officials at the 
     JCCT meetings this year. The message should be as clear as it 
     is convincing; namely, China should live up to its repeated 
     pledge to discourage the expansion of highly-polluting and 
     energy-intensive sectors such as its own soda ash industry. 
     Policies aimed at promoting soda ash exports, such as the VAT 
     rebate, are inconsistent with China's own stated goals and a 
     direct threat to U.S. interests.
       We greatly appreciate your consideration of this request 
     and look forward to your response.
         Senator Michael B. Enzi; Senator John Barrasso, M.D.; 
           Representative David Wu; Senator Joseph I. Lieberman; 
           Senator Robert Menendez; Representative Cynthia Lummis; 
           Senator Ron Wyden; Senator Jeff Merkley; Representative 
           James A. Himes; Senator Frank Lautenberg.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Blumenthal, and Mr. Franken):
  S. 1145. A bill to amend title 18, United States Code, to clarify and 
expand Federal criminal jurisdiction over Federal contractors and 
employees outside the United States, and for other purposes; to the 
Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today, I reintroduce the Civilian 
Extraterritorial Jurisdiction Act, CEJA. The United States has 
dramatically more Government employees and contractors working overseas 
than ever before, but the legal framework governing them is unclear and 
outdated. To promote accountability, Congress must make sure that our 
criminal laws reach serious misconduct by American Government employees 
and contractors wherever they act. The Civilian Extraterritorial 
Jurisdiction Act accomplishes this important and common sense goal by 
allowing United States contractors and employees working overseas who 
commit specific crimes to be tried and sentenced under U.S. law.
  Tragic events in Iraq and Afghanistan highlight the need to 
strengthen the laws providing for jurisdiction over American Government 
employees and contractors working abroad. In September 2007, Blackwater 
security contractors working for the State Department shot more than 20 
unarmed civilians on the streets of Baghdad, killing at least 14 of 
them, and causing a rift in our relations with the Iraqi government. 
Efforts to prosecute those responsible for these shootings have been 
fraught with difficulties, and our ability to hold the wrongdoers in 
this case accountable remains in doubt.
  I worked with Senator Sessions and others in 2000 to pass the 
Military Extraterritorial Jurisdiction Act, MEJA, and then, again, to 
amend it in 2004, so that U.S. criminal laws would extend to all 
members of the U.S. military, to those who accompany them, and to 
contractors who work with the military. That law provides criminal 
jurisdiction over Defense Department employees and contractors, but it 
does not explicitly cover people working for other Federal agencies, 
like the Blackwater security contractors. Had jurisdiction in the 
tragic Blackwater incident been clear, FBI agents likely would have 
been on the scene immediately, which could well have prevented some of 
the problems that have plagued the case.
  Other incidents have made all too clear that the Blackwater case was 
not an isolated incident. Private security contractors have been 
involved in violent incidents and serious misconduct in Iraq and 
Afghanistan, including other shooting incidents in which civilians have 
been seriously injured or killed. As the military missions in Iraq and 
Afghanistan wind down, MEJA will no longer cover the thousands of 
contractors and employees who stay on. The legislation I introduce 
today fills this gap.
  Last month, the Senate Judiciary Committee heard testimony from the 
Justice Department and from experts in the area of contractor 
accountability about the many diplomatic and national security benefits 
of expanding criminal jurisdiction over American employees and 
contractors overseas. The hearing also explored how best to ensure that 
our Nation's intelligence activities would not be impaired by CEJA. The 
legislation I propose today has been carefully crafted to ensure that 
the intelligence community can continue its activities unimpeded.
  This bill would also provide greater protection to Americans, as it 
would lead to more accountability for crimes committed by U.S. 
government contractors and employees against Americans working abroad. 
In the last Congress, the Committee heard testimony from Jamie Leigh 
Jones, a young woman from Texas who took a job with Halliburton in Iraq 
in 2005 when she was 20 years old. In her first week on the job, she 
was drugged and gang-raped by coworkers. When she reported this 
assault, her employers moved her to a locked trailer, where she was 
kept by armed guards and freed only when the State Department 
intervened.
  Ms. Jones testified about the arbitration clause in her contract that 
prevented her from suing Halliburton for this outrageous conduct, and 
Congress has moved to change the civil law to prevent that kind of 
injustice. Criminal jurisdiction over these kinds of atrocious crimes 
abroad, however, remains complicated and depends too greatly on the 
specific location of the crime, which makes prosecutions inconsistent 
and sometimes impossible. We must fix the law to help avoid arbitrary 
injustice and ensure that victims will not see their attackers escape 
accountability.
  Ensuring criminal accountability will also improve our national 
security and protect Americans overseas. Importantly, in those 
instances where the local justice system may be less than fair, this 
explicit jurisdiction will also protect Americans by providing the 
option of prosecuting them in the United States, rather than leaving 
them subject to hostile and unpredictable local courts. Our allies, 
including those countries most essential to our counter-terrorism and 
national security efforts, work best with us when we hold our own 
accountable.
  In the past, legislation in this area has been bipartisan. I hope 
Senators of both parties will work together to pass this important 
reform.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1145

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Civilian Extraterritorial 
     Jurisdiction Act (CEJA) of 2011''.

     SEC. 2. CLARIFICATION AND EXPANSION OF FEDERAL JURISDICTION 
                   OVER FEDERAL CONTRACTORS AND EMPLOYEES.

       (a) Extraterritorial Jurisdiction Over Federal Contractors 
     and Employees.--
       (1) In general.--Chapter 212A of title 18, United States 
     Code, is amended--
       (A) by transferring the text of section 3272 to the end of 
     section 3271, redesignating such text as subsection (c) of 
     section 3271, and, in such text, as so redesignated, by 
     striking ``this chapter'' and inserting ``this section'';
       (B) by striking the heading of section 3272; and
       (C) by adding after section 3271, as amended by this 
     paragraph, the following new sections:

     ``Sec. 3272. Offenses committed by Federal contractors and 
       employees outside the United States

       ``(a) Whoever, while employed by or accompanying any 
     department or agency of the United States other than the 
     Department of Defense, knowingly engages in conduct (or 
     conspires or attempts to engage in conduct) outside the 
     United States that would constitute an offense enumerated in 
     subsection (c) had the conduct been engaged in within the 
     United States or within the special maritime and territorial 
     jurisdiction of the United States shall be punished as 
     provided for that offense.
       ``(b) No prosecution for an offense may be commenced 
     against a person under this section if a foreign government, 
     in accordance with jurisdiction recognized by the United 
     States, has prosecuted or is prosecuting such person for the 
     conduct constituting the offense, except upon the approval of 
     the Attorney General or the Deputy Attorney General (or a 
     person acting in either such capacity),

[[Page 8735]]

     which function of approval may not be delegated.
       ``(c) The offenses covered by subsection (a) are the 
     following:
       ``(1) Any offense under chapter 5 (arson) of this title.
       ``(2) Any offense under section 111 (assaulting, resisting, 
     or impeding certain officers or employees), 113 (assault 
     within maritime and territorial jurisdiction), or 114 
     (maiming within maritime and territorial jurisdiction) of 
     this title, but only if the offense is subject to a maximum 
     sentence of imprisonment of one year or more.
       ``(3) Any offense under section 201 (bribery of public 
     officials and witnesses) of this title.
       ``(4) Any offense under section 499 (military, naval, or 
     official passes) of this title.
       ``(5) Any offense under section 701 (official badges, 
     identifications cards, and other insignia), 702 (uniform of 
     armed forces and Public Health Service), 703 (uniform of 
     friendly nation), or 704 (military medals or decorations) of 
     this title.
       ``(6) Any offense under chapter 41 (extortion and threats) 
     of this title, but only if the offense is subject to a 
     maximum sentence of imprisonment of three years or more.
       ``(7) Any offense under chapter 42 (extortionate credit 
     transactions) of this title.
       ``(8) Any offense under section 924(c) (use of firearm in 
     violent or drug trafficking crime) or 924(o) (conspiracy to 
     violate section 924(c)) of this title.
       ``(9) Any offense under chapter 50A (genocide) of this 
     title.
       ``(10) Any offense under section 1111 (murder), 1112 
     (manslaughter), 1113 (attempt to commit murder or 
     manslaughter), 1114 (protection of officers and employees of 
     the United States), 1116 (murder or manslaughter of foreign 
     officials, official guests, or internationally protected 
     persons), 1117 (conspiracy to commit murder), or 1119 
     (foreign murder of United States nationals) of this title.
       ``(11) Any offense under chapter 55 (kidnapping) of this 
     title.
       ``(12) Any offense under section 1503 (influencing or 
     injuring officer or juror generally), 1505 (obstruction of 
     proceedings before departments, agencies, and committees), 
     1510 (obstruction of criminal investigations), 1512 
     (tampering with a witness, victim, or informant), or 1513 
     (retaliating against a witness, victim, or an informant) of 
     this title.
       ``(13) Any offense under section 1951 (interference with 
     commerce by threats or violence), 1952 (interstate and 
     foreign travel or transportation in aid of racketeering 
     enterprises), 1956 (laundering of monetary instruments), 1957 
     (engaging in monetary transactions in property derived from 
     specified unlawful activity), 1958 (use of interstate 
     commerce facilities in the commission of murder for hire), or 
     1959 (violent crimes in aid of racketeering activity) of this 
     title.
       ``(14) Any offense under section 2111 (robbery or burglary 
     within special maritime and territorial jurisdiction) of this 
     title.
       ``(15) Any offense under chapter 109A (sexual abuse) of 
     this title.
       ``(16) Any offense under chapter 113B (terrorism) of this 
     title.
       ``(17) Any offense under chapter 113C (torture) of this 
     title.
       ``(18) Any offense under chapter 115 (treason, sedition, 
     and subversive activities) of this title.
       ``(19) Any offense under section 2442 (child soldiers) of 
     this title.
       ``(20) Any offense under section 401 (manufacture, 
     distribution, or possession with intent to distribute a 
     controlled substance) or 408 (continuing criminal enterprise) 
     of the Controlled Substances Act (21 U.S.C. 841, 848), or 
     under section 1002 (importation of controlled substances), 
     1003 (exportation of controlled substances), or 1010 (import 
     or export of a controlled substance) of the Controlled 
     Substances Import and Export Act (21 U.S.C. 952, 953, 960), 
     but only if the offense is subject to a maximum sentence of 
     imprisonment of 20 years or more.
       ``(d) In this section:
       ``(1) The term `employed by any department or agency of the 
     United States other than the Department of Defense' means--
       ``(A) employed as a civilian employee, a contractor 
     (including a subcontractor at any tier), an employee of a 
     contractor (or a subcontractor at any tier), a grantee 
     (including a contractor of a grantee or a subgrantee or 
     subcontractor at any tier), or an employee of a grantee (or a 
     contractor of a grantee or a subgrantee or subcontractor at 
     any tier) of any department or agency of the United States 
     other than the Department of Defense;
       ``(B) present or residing outside the United States in 
     connection with such employment;
       ``(C) in the case of such a contractor, contractor 
     employee, grantee, or grantee employee, such employment 
     supports a program, project, or activity for a department or 
     agency of the United States; and
       ``(D) not a national of or ordinarily resident in the host 
     nation.
       ``(2) The term `accompanying any department or agency of 
     the United States other than the Department of Defense' 
     means--
       ``(A) a dependant, family member, or member of household 
     of--
       ``(i) a civilian employee of any department or agency of 
     the United States other than the Department of Defense; or
       ``(ii) a contractor (including a subcontractor at any 
     tier), an employee of a contractor (or a subcontractor at any 
     tier), a grantee (including a contractor of a grantee or a 
     subgrantee or subcontractor at any tier), or an employee of a 
     grantee (or a contractor of a grantee or a subgrantee or 
     subcontractor at any tier) of any department or agency of the 
     United States other than the Department of Defense, which 
     contractor, contractor employee, grantee, or grantee employee 
     is supporting a program, project, or activity for a 
     department or agency of the United States other than the 
     Department of Defense;
       ``(B) residing with such civilian employee, contractor, 
     contractor employee, grantee, or grantee employee outside the 
     United States; and
       ``(C) not a national of or ordinarily resident in the host 
     nation.
       ``(3) The term `grant agreement' means a legal instrument 
     described in section 6304 or 6305 of title 31, other than an 
     agreement between the United States and a State, local, or 
     foreign government or an international organization.
       ``(4) The term `grantee' means a party, other than the 
     United States, to a grant agreement.
       ``(5) The term `host nation' means the country outside of 
     the United States where the employee or contractor resides, 
     the country where the employee or contractor commits the 
     alleged offense at issue, or both.

     ``Sec. 3273. Regulations

       ``The Attorney General, after consultation with the 
     Secretary of Defense, the Secretary of State, and the 
     Director of National Intelligence, shall prescribe 
     regulations governing the investigation, apprehension, 
     detention, delivery, and removal of persons described in 
     sections 3271 and 3272 of this title.''.
       (2) Conforming amendment.--Subparagraph (A) of section 
     3267(1) of such title is amended to read as follows:
       ``(A) employed as a civilian employee, a contractor 
     (including a subcontractor at any tier), or an employee of a 
     contractor (or a subcontractor at any tier) of the Department 
     of Defense (including a nonappropriated fund instrumentality 
     of the Department);''.
       (b) Venue.--Chapter 211 of such title is amended by adding 
     at the end the following new section:

     ``Sec. 3245. Optional venue for offenses involving Federal 
       employees and contractors overseas

       ``In addition to any venue otherwise provided in this 
     chapter, the trial of any offense involving a violation of 
     section 3261, 3271, or 3272 of this title may be brought--
       ``(1) in the district in which is headquartered the 
     department or agency of the United States that employs the 
     offender, or any one of two or more joint offenders, or
       ``(2) in the district in which is headquartered the 
     department or agency of the United States that the offender 
     is accompanying, or that any one of two or more joint 
     offenders is accompanying.''.
       (c) Suspension of Statute of Limitations.--Chapter 213 of 
     such title is amended by inserting after section 3287 the 
     following new section:

     ``Sec. 3287A. Suspension of limitations for offenses 
       involving Federal employees and contractors overseas

       ``The time during which a person who has committed an 
     offense constituting a violation of section 3272 of this 
     title is outside the United States, or is a fugitive from 
     justice within the meaning of section 3290 of this title, 
     shall not be taken as any part of the time limited by law for 
     commencement of prosecution of the offense.''.
       (d) Clerical Amendments.--
       (1) Heading amendment.--The heading of chapter 212A of such 
     title is amended to read as follows:

    ``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER OFFENSES OF 
    CONTRACTORS AND CIVILIAN EMPLOYEES OF THE FEDERAL GOVERNMENT''.

       (2) Tables of sections.--(A) The table of sections at the 
     beginning of chapter 211 of such title is amended by adding 
     at the end the following new item:

``3245. Optional venue for offenses involving Federal employees and 
              contractors overseas.''.

       (B) The table of sections at the beginning of chapter 212A 
     of such title is amended by striking the item relating to 
     section 3272 and inserting the following new items:

``3272. Offenses committed by Federal contractors and employees outside 
              the United States.
``3273. Regulations.''.

       (C) The table of sections at the beginning of chapter 213 
     of such title is amended by inserting after the item relating 
     to section 3287 the following new item:

``3287A. Suspension of limitations for offenses involving Federal 
              employees and contractors overseas.''.

       (3) Table of chapters.--The item relating to chapter 212A 
     in the table of chapters at the beginning of part II of such 
     title is amended to read as follows:


[[Page 8736]]


``212A. Extraterritorial Jurisdiction Over Offenses of Contractors and 
    Civilian Employees of the Federal Government............3271''.....

     SEC. 3. INVESTIGATIVE TASK FORCES FOR CONTRACTOR AND EMPLOYEE 
                   OVERSIGHT.

       (a) Establishment of Investigative Task Forces for 
     Contractor and Employee Oversight.--
       (1) In general.--The Attorney General, in consultation with 
     the Secretary of Defense, the Secretary of State, the 
     Secretary of Homeland Security, and the heads of any other 
     departments or agencies of the Federal Government responsible 
     for employing contractors or persons overseas shall assign 
     adequate personnel and resources, including through the 
     creation of task forces, to investigate allegations of 
     criminal offenses under chapter 212A of title 18, United 
     States Code (as amended by section 2(a) of this Act), and may 
     authorize the overseas deployment of law enforcement agents 
     and other government personnel for that purpose.
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to limit any authority of the Attorney General 
     or any Federal law enforcement agency to investigate 
     violations of Federal law or deploy personnel overseas.
       (b) Responsibilities of Attorney General.--
       (1) Investigation.--The Attorney General shall have 
     principal authority for the enforcement of chapter 212A of 
     title 18, United States Code (as so amended), and shall have 
     the authority to initiate, conduct, and supervise 
     investigations of any alleged offenses under such chapter.
       (2) Law enforcement authority.--With respect to violations 
     of sections 3271 and 3272 of title 18, United States Code (as 
     so amended), the Attorney General may authorize any person 
     serving in a law enforcement position in any other department 
     or agency of the Federal Government, including a member of 
     the Diplomatic Security Service of the Department of State or 
     a military police officer of the Armed Forces, to exercise 
     investigative and law enforcement authority, including those 
     powers that may be exercised under section 3052 of title 18, 
     United States Code, subject to such guidelines or policies as 
     the Attorney General considers appropriate for the exercise 
     of such powers.
       (3) Prosecution.--The Attorney General may establish such 
     procedures the Attorney General considers appropriate to 
     ensure that Federal law enforcement agencies refer offenses 
     under section 3271 or 3272 of title 18, United States Code 
     (as so amended), to the Attorney General for prosecution in a 
     uniform and timely manner.
       (4) Assistance on request of attorney general.--
     Notwithstanding any statute, rule, or regulation to the 
     contrary, the Attorney General may request assistance from 
     the Secretary of Defense, the Secretary of State, or the head 
     of any other Executive agency to enforce section 3271 or 3272 
     of title 18, United States Code (as so amended). The 
     assistance requested may include the following:
       (A) The assignment of additional personnel and resources to 
     task forces established by the Attorney General under 
     subsection (a).
       (B) An investigation into alleged misconduct or arrest of 
     an individual suspected of alleged misconduct by agents of 
     the Diplomatic Security Service of the Department of State 
     present in the nation in which the alleged misconduct occurs.
       (5) Annual report.--Not later than one year after the date 
     of the enactment of this Act, and annually thereafter for 
     five years, the Attorney General shall, in consultation with 
     the Secretary of Defense and the Secretary of State, submit 
     to Congress a report containing the following:
       (A) The number of prosecutions under chapter 212A of title 
     18, United States Code (as so amended), including the nature 
     of the offenses and any dispositions reached, during the 
     previous year.
       (B) The actions taken to implement subsection (a)(1), 
     including the organization and training of personnel and the 
     use of task forces, during the previous year.
       (C) Such recommendations for legislative or administrative 
     action as the President considers appropriate to enforce 
     chapter 212A of title 18, United States Code (as so amended), 
     and the provisions of this section.
       (c) Executive Agency.--In this section, the term 
     ``Executive agency'' has the meaning given that term in 
     section 105 of title 5, United States Code.

     SEC. 4. EFFECTIVE DATE.

       (a) Immediate Effectiveness.--This Act and the amendments 
     made by this Act shall take effect on the date of the 
     enactment of this Act.
       (b) Implementation.--The Attorney General and the head of 
     any other department or agency of the Federal Government to 
     which this Act applies shall have 90 days after the date of 
     the enactment of this Act to ensure compliance with the 
     provisions of this Act.

     SEC. 5. RULES OF CONSTRUCTION.

       (a) In General.--Nothing in this Act or any amendment made 
     by this Act shall be construed--
       (1) to limit or affect the application of extraterritorial 
     jurisdiction related to any other Federal law; or
       (2) to limit or affect any authority or responsibility of a 
     Chief of Mission as provided in section 207 of the Foreign 
     Service Act of 1980 (22 U.S.C. 3927).
       (b) Intelligence Activities.--Nothing in this Act or any 
     amendment made by this Act shall be construed--
       (1) to apply to authorized intelligence activities that are 
     carried out by or on behalf of any element of the 
     intelligence community (as that term is defined in section 
     3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) 
     and conducted in accordance with the United States laws, 
     authorities, and regulations governing such intelligence 
     activities; or
       (2) to provide immunity or an affirmative defense to an 
     individual solely on the basis that the individual is working 
     for or on behalf of the intelligence community.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       For each of the fiscal years 2012 through 2017, there are 
     authorized to be appropriated to the Attorney General such 
     sums as are necessary to carry out this Act.
                                 ______
                                 
      By Mrs. MURRAY:
  S. 1148. A bill to amend title 38, United States Code, to improve the 
provision of assistance to homeless veterans, to improve the regulation 
of fiduciaries who represent individuals for purposes of receiving 
benefits under laws administered by the Secretary of Veterans Affairs, 
and for other purposes.
  Mrs. MURRAY. Mr. President, today, as Chairman of the Senate 
Committee on Veterans' Affairs, I am pleased to introduce the Veterans 
Programs Improvement Act of 2011.
  The bill I am introducing today would allow the Department of 
Veterans Affairs to continue the important work of ending veteran 
homelessness, improve the quality of the fiduciary program administered 
by VA, improve claims processing and make a number of other 
improvements to VA programs. This statement is not a full summary of 
all the provisions within this legislation. However, I would like to 
provide an overview of the major benefits this legislation would 
provide.
  The administration recently reported that as many as 76,000 veterans 
experienced homelessness on a given night in 2009. Many of these 
veterans face significant challenges such as mental illness, physical 
disability, and substance abuse. In order to heal and remain in stable 
housing, these veterans will need a great deal of support. I want to 
commend the VA for working tirelessly to reduce the number of veterans 
sleeping in the streets. We are certainly off to a good start, but I 
recognize that there is still much more work to be done.
  This bill will extend the life and improve upon several critical 
programs in the ongoing effort to get homeless veterans off the streets 
and into secure housing. Current law requires that VA diagnose 
``serious mental illness'' or a ``substance abuse issue'' before it can 
use its authority to contract for emergency shelter services. In the 
tough economic times this country is experiencing, homeless veterans in 
need of these services do not always suffer from serious mental illness 
or substance abuse issues, and would not be eligible. This legislation 
will ensure that these services are available to all homeless veterans 
who need them.
  One of the keys to ending veteran homelessness is VA's Grant and Per 
Diem program, which was established to assist public and nonprofit 
private entities in furnishing services to homeless veterans. This bill 
will enhance this essential program by allowing grant funds to be used 
for new construction, in addition to currently approved uses such as 
expansion, remodeling, and acquisition. It will also allow grant funds 
to be used as a match for funding from other sources, and will require 
VA to take a hard look at how per diem payments are made in order to 
recommend improvements. This bill also seeks to include male homeless 
veterans with minor dependents as an additional population with special 
needs, for eligibility under VA's special needs grant program.
  The unemployment rate for returning veterans has reached as high as 
high as one in five this year. Sadly, we are seeing some of these new 
veterans appearing in homeless shelters. This is not just a VA problem, 
nor is it just a HUD problem--we all have an obligation to collaborate 
and address these

[[Page 8737]]

unmet needs. To better assist in the effort to end homelessness among 
veterans, Congress needs more details surrounding the plan to end 
veteran homelessness. This legislation would require the Administration 
to expand upon their existing plan and submit a plan that includes 
details, such as a timeline, benchmarks, and recommendations. We will 
only be successful if we can work together to provide the appropriate 
tools to ensure access to medical care, affordable housing, and 
education and jobs.
  Committee oversight has identified claims where frustrated families 
of veterans and survivors with severe dementia, such as those who seek 
VA pension benefits for home or institutional care see months go by 
because VA refuses to accept signatures from representatives or family 
caregivers. The situation is sometimes resolved by having the claimant 
mark an ``X'' or sign a claims form even when the claimant lacks the 
ability to understand what is written on the form. In other cases, it 
appeared that the caregiver gave up and no benefits were paid to 
otherwise eligible beneficiaries. This is unacceptable treatment for 
some of our most vulnerable veterans, and my legislation would improve 
the quality of VA's fiduciary program.
  This legislation would make a number of additional improvements to VA 
programs. It would grow certain servicemembers to be eligible for a VA 
guaranteed home loan. Right now, to satisfy the occupancy requirement 
for a VA home loan, a veteran or servicemember or their spouse must be 
living in the home. Under this standard, a servicemember who is a 
single parent and is away on active duty is not eligible for a 
guaranteed home loan, even if that veteran's child is living in the 
home. This is unfair and wrong. Under this bill, a servicemember or 
veteran's dependent child will now satisfy the occupancy requirement. 
This change will help our servicemen and women better use their VA home 
loan benefits.
  It is important that our disabled veterans face as few barriers as 
possible when attempting to obtain VA home loans. My legislation would 
allow an individual to receive a fee waiver if, during a pre-discharge 
program, he or she receives a disability rating for purposes of VA 
compensation based on existing medical evidence, such as service 
medical and treatment records. This change would allow an eligible 
individual to purchase a home without having to pay a VA funding fee, 
even if he or she has not undergone a pre-discharge examination or a VA 
disability evaluation. Specially Adapted Housing assistance provides 
critical support for our veterans in need. This bill extends VA's 
authority to provide Specially Adapted Housing assistance to eligible 
veterans who are residing temporarily with family members. In addition, 
the assistance provided to such veterans would be annually adjusted 
based on a cost-of-construction index already in effect for other 
Specially Adapted Housing grants.
  By honoring servicemembers who have died while on active duty, we 
ensure that their sacrifice and service will never be forgotten. 
Providing a presidential memorial certificate to the survivors of 
fallen servicemembers is one such way for our country to honor their 
service. Under current law, survivors of active duty servicemembers who 
have died are not eligible to receive a presidential memorial 
certificate. This is because eligibility is limited to survivors of 
veterans who were discharged under honorable conditions. Because a 
servicemember who died in active service is not defined by law as a 
``veteran,'' his or her survivors are not eligible to receive a 
memorial certificate. This bill would authorize VA to provide a 
presidential memorial certificate to the next of kin, relatives, or 
friends of servicemembers who have fallen while on active duty. In so 
doing, we express our country's deepest thanks for that servicemember's 
ultimate sacrifice.
  Addressing the claims backlog and ensuring veterans receive the 
benefits they have earned is one of my top priorities. One of the 
reasons for the unreasonably long delays that occur in VA decision-
making is the time it takes, often in excess of one and a half years, 
for the VA to forward an appeal to the Board of Veterans' Appeals. This 
bill would waive agency of original jurisdiction review over new 
evidence submitted after a veteran has filed a substantive appeal, 
unless the veteran requests it. Presuming a waiver of AOJ review would 
improve the timeliness of processing appeals, while at the same time 
preserve the veteran's right to request initial review by the AOJ, 
should he or she so desire.
  This is not a full summary of all the provisions within this 
legislation. However, I hope that I have provided an appropriate 
overview of the major benefits this legislation would provide.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1148

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Veterans 
     Programs Improvement Act of 2011''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.

                   TITLE I--HOMELESS VETERANS MATTERS

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

                      TITLE II--FIDUCIARY MATTERS

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

          TITLE III--OTHER ADMINISTRATIVE AND BENEFITS MATTERS

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

[[Page 8738]]

Sec. 308. Extension of authority for regional office of Department of 
              Veterans Affairs in Republic of the Philippines.

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

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

                   TITLE I--HOMELESS VETERANS MATTERS

     SEC. 101. ENHANCEMENT OF COMPREHENSIVE SERVICE PROGRAMS.

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

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

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

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

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

     SEC. 104. PLAN TO END VETERAN HOMELESSNESS.

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

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

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

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

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

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

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

[[Page 8739]]



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

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

                      TITLE II--FIDUCIARY MATTERS

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

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

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

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

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

       (a) Credit Reports and Criminal Background Reports.--
     Section 5507 is amended by adding at the end the following 
     new subsection:
       ``(e) Except as provided under section 5701 of this title, 
     credit reports obtained under subsection (a)(1)(C) and 
     criminal background reports obtained under subsection (b) 
     shall be segregated from the claimant's file and may be 
     disclosed only by a signed release executed by the person to 
     whom it relates.''.
       (b) Files, Records, and Reports.--Section 5701 is amended--
       (1) in subsection (a)--
       (A) by inserting ``(1)'' before ``All''; and
       (B) by adding at the end the following new paragraph:
       ``(2) All files, records, reports, and other papers and 
     documents pertaining to any

[[Page 8740]]

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

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

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

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

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

     SEC. 206. DURABLE POWER OF ATTORNEY DEFINED.

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

          TITLE III--OTHER ADMINISTRATIVE AND BENEFITS MATTERS

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

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

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

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

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

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

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

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

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

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

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

       (a) In General.--Section 7105 is amended by adding at the 
     end the following new subsection:
       ``(e)(1) If, either at the time or after the agency of 
     original jurisdiction receives a substantive appeal, the 
     claimant or the claimant's representative, if any, submits 
     evidence to either the agency of original jurisdiction or the 
     Board of Veterans' Appeals

[[Page 8741]]

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

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

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

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

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

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