[112th Congress Public Law 154]
[From the U.S. Government Printing Office]
[[Page 126 STAT. 1165]]
Public Law 112-154
112th Congress
An Act
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. <<NOTE: Aug. 6, 2012 - [H.R. 1627]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Honoring
America's Veterans and Caring for Camp Lejeune Families Act of 2012.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 38 USC 101 note.>> 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.
[[Page 126 STAT. 1166]]
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.
[[Page 126 STAT. 1167]]
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.
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 <<NOTE: Janey Ensminger Act.>> I--HEALTH CARE MATTERS
SEC. <<NOTE: 38 USC 101 note.>> 101. SHORT TITLE.
This title may be cited as the ``Janey Ensminger Act''.
SEC. 102. <<NOTE: 38 USC 1710.>> 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) <<NOTE: Time period.>> 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)''.
[[Page 126 STAT. 1168]]
(b) Family Members.--
(1) In general.--Subchapter VIII of chapter 17 is amended by
adding at the end the following new section:
``Sec. 1787. <<NOTE: 38 USC 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 <<NOTE: 38 USC prec. 1701.>> 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) <<NOTE: Time period.>> 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
[[Page 126 STAT. 1169]]
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) <<NOTE: 38 USC 1710 note.>> 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. <<NOTE: 38 USC 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 <<NOTE: 38 USC prec. 1701.>> 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) <<NOTE: Effective date. Assessment. Urban and rural areas.>> 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.
[[Page 126 STAT. 1170]]
(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) <<NOTE: 38 USC 1720 note.>> Effective Date.--
(1) <<NOTE: Applicability.>> 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 section, as amended by subsection
(a), for payment for nursing home care provided by such State
home under such section that
[[Page 126 STAT. 1171]]
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. <<NOTE: 38 USC 1709.>> Comprehensive policy on
reporting and tracking sexual assault incidents
and other safety incidents
``(a) <<NOTE: Deadline.>> 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) <<NOTE: Guidelines.>> 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.
[[Page 126 STAT. 1172]]
``(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.''.
[[Page 126 STAT. 1173]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 38 USC prec. 1701.>> 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''.
[[Page 126 STAT. 1174]]
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 <<NOTE: 38 USC 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) <<NOTE: Standards.>> 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 <<NOTE: 38 USC
prec. 1701.>> 106(b), the following new item:
``1709A. Teleconsultation.''.
(b) <<NOTE: 38 USC 7406 note.>> 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 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. <<NOTE: 38 USC 901.>> 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:
[[Page 126 STAT. 1175]]
``(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. <<NOTE: 38 USC 1729A note.>> IMPROVEMENTS FOR RECOVERY
AND COLLECTION OF AMOUNTS FOR DEPARTMENT
OF VETERANS AFFAIRS MEDICAL CARE
COLLECTIONS FUND.
(a) <<NOTE: Deadlines.>> 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).
[[Page 126 STAT. 1176]]
(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 <<NOTE: Andrew Connolly Veterans Housing Act.>> --HOUSING
MATTERS
SEC. 201. <<NOTE: 38 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``Andrew Connolly 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) <<NOTE: Criteria.>> 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) <<NOTE: Regulations.>> 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
[[Page 126 STAT. 1177]]
``(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) <<NOTE: 38 USC 2101 note.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: 38 USC 2101 note.>> 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) <<NOTE: Applicability. 38 USC 2102 note.>> 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) <<NOTE: 38 USC 2102 note.>> 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
[[Page 126 STAT. 1178]]
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) <<NOTE: Effective date.>> 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) <<NOTE: Applicability. 38 USC 2102A note.>> 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.
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) <<NOTE: Definition.>> 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) <<NOTE: Applicability. 38 USC 3701 note.>> 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.
[[Page 126 STAT. 1179]]
(c) <<NOTE: 38 USC 3701 note.>> 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 <<NOTE: Effective date.>> (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:
[[Page 126 STAT. 1180]]
``(3) <<NOTE: Definition.>> 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) <<NOTE: 38 USC 8162 note.>> Effective date.--
(A) <<NOTE: Applicability.>> 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.
[[Page 126 STAT. 1181]]
``(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) <<NOTE: Applicability. 38 USC 8162 note.>> 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. <<NOTE: 38 USC 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
[[Page 126 STAT. 1182]]
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) <<NOTE: 38 USC 8168 note.>> 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:
(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 <<NOTE: 38 USC prec. 8101.>> 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) <<NOTE: 38 USC 8161 note.>> 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,
[[Page 126 STAT. 1183]]
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) <<NOTE: Definition.>> 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) <<NOTE: 38 USC 2011 note.>> Grant and Per Diem Payments.--
(1) <<NOTE: Deadline.>> 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
[[Page 126 STAT. 1184]]
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.''.
[[Page 126 STAT. 1185]]
SEC. 304. <<NOTE: 38 USC 2041 note.>> COLLABORATION IN PROVISION
OF CASE MANAGEMENT SERVICES TO HOMELESS
VETERANS IN SUPPORTED HOUSING PROGRAM.
(a) <<NOTE: Contracts.>> 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) <<NOTE: Confidentiality. Records.>> 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) <<NOTE: Procedures.>> to establish such
procedures for fiscal control and fund accounting as the
Secretary of Veterans Affairs considers appropriate to
ensure proper disbursement and
[[Page 126 STAT. 1186]]
accounting of funds under a contract or agreement
entered into by the entity as described in subsection
(a);
(E) <<NOTE: Deadline. Reports.>> 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;
(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.
[[Page 126 STAT. 1187]]
(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:
[[Page 126 STAT. 1188]]
``(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) <<NOTE: Effective date. 38 USC 3695 note.>> 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) <<NOTE: 38 USC 3695 note.>> 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. <<NOTE: 38 USC 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
[[Page 126 STAT. 1189]]
``(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 <<NOTE: 38 USC prec. 3301.>> is
amended by inserting after the item relating to section 3324 the
following new item:
``3325. Reporting requirement.''.
(3) <<NOTE: 38 USC 3325 note.>> 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.--
[[Page 126 STAT. 1190]]
(1) In general.--Chapter 30 is amended by striking section
3036.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter <<NOTE: 38 USC prec. 3001.>> is
amended by striking the item relating to section 3036.
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) <<NOTE: Applicability. 38 USC 7105 note.>> 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
[[Page 126 STAT. 1191]]
(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) <<NOTE: Definitions.>> 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) <<NOTE: 38 USC 5101 note.>> 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) <<NOTE: Definition.>> 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
[[Page 126 STAT. 1192]]
purposes and sufficient to grant the earliest possible effective date in
accordance with section 5110 of this title.''.
(b) <<NOTE: 38 USC 5103 note.>> 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) <<NOTE: 38 USC 5103 note.>> Effective Date.--
(1) <<NOTE: Applicability.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Regulations.>> Under regulations prescribed by the
Secretary, the Secretary--
[[Page 126 STAT. 1193]]
``(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) <<NOTE: 38 USC 5103A note.>> Effective Date.--
(1) <<NOTE: Applicability.>> 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. <<NOTE: 38 USC 5110.>> 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
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) <<NOTE: Effective dates.>> 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
[[Page 126 STAT. 1194]]
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) <<NOTE: Definition.>> 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) <<NOTE: Applicability. 38 USC 5111 note.>> 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''.
[[Page 126 STAT. 1195]]
(b) <<NOTE: 38 USC 1521 note.>> 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) <<NOTE: 38 USC 1503 note.>> 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) <<NOTE: 18 USC 1388 note.>> 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.
[[Page 126 STAT. 1196]]
(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--
[[Page 126 STAT. 1197]]
``(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 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:
[[Page 126 STAT. 1198]]
``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
[[Page 126 STAT. 1199]]
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 <<NOTE: 38 USC prec. 2400.>> 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:
[[Page 126 STAT. 1200]]
``Sec. 2410A. <<NOTE: 38 USC 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) <<NOTE: Waiver authority.>> 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) <<NOTE: Waiver authority.>> The President may waive the
prohibition in paragraph (1) as the President considers appropriate.
``(B) <<NOTE: President. Notification.>> 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 <<NOTE: 38 USC prec. 2400.>> is amended by inserting after
the item relating to section 2410 the following new item:
``2410A. Arlington National Cemetery: other administrative matters.''.
(c) <<NOTE: 38 USC 2410A note.>> 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
[[Page 126 STAT. 1201]]
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
(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) <<NOTE: Time period.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Study.>> the sponsoring organization
provides for an independent study on the availability and
suitability of alternative
[[Page 126 STAT. 1202]]
locations for the proposed monument outside of Arlington
National Cemetery.
``(3)(A) <<NOTE: Waiver authority.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Notification.>> If the Secretary waives such
requirement under subparagraph (A), the Secretary shall--
``(i) <<NOTE: Web posting.>> 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) <<NOTE: Notification.>> 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. <<NOTE: Time period. Effective date.>> 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. <<NOTE: Placement date.>> 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:
[[Page 126 STAT. 1203]]
``Sec. 2109. <<NOTE: 38 USC 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 <<NOTE: 38 USC prec. 2101.>> 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.''.
[[Page 126 STAT. 1204]]
(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) <<NOTE: Determinations.>> 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) <<NOTE: President.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: 38 USC 2109 note.>> 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).
[[Page 126 STAT. 1205]]
(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) <<NOTE: 38 USC 2109 note.>> 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--
(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 <<NOTE: Deadline.>> 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
[[Page 126 STAT. 1206]]
(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) <<NOTE: Debarment. Deadlines.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 38 USC 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
[[Page 126 STAT. 1207]]
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 <<NOTE: 38 USC prec. 501.>> amended by adding after the
item relating to section 516 the following:
``517. Quarterly reports to Congress on conferences sponsored by the
Department.''.
(c) <<NOTE: Applicability. 38 USC 517 note.>> 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) <<NOTE: Web site. Public information.>> 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) <<NOTE: Process.>> 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.--
[[Page 126 STAT. 1208]]
(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 <<NOTE: 38 USC prec. 501.>> 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) <<NOTE: 50 USC app. 533 note.>> 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) <<NOTE: 50 USC app. 533 note.>> 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) <<NOTE: 50 USC app. 533 note.>> 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) <<NOTE: Time periods.>> 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
[[Page 126 STAT. 1209]]
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 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).
Approved August 6, 2012.
LEGISLATIVE HISTORY--H.R. 1627:
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HOUSE REPORTS: No. 112-84, Pt. 1 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD:
Vol. 157 (2011):
May 23, considered and passed House.
Vol. 158 (2012):
July 18, considered and passed
Senate, amended.
July 31, House concurred in Senate
amendments.
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