II 

Calendar No. 188 

112TH CONGRESS 

1ST SESSION S. 914 

[Report No. 112–88] 

To amend title 38, United States Code, to authorize the waiver of the 

collection of copayments for telehealth and telemedicine visits of veterans, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2011 

Mr. BEGICH (for himself, Mr. GRASSLEY, and Mr. TESTER) introduced the 

following bill; which was read twice and referred to the Committee on 

Veterans’ Affairs 

OCTOBER 11, 2011 

Reported by Mrs. MURRAY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend title 38, United States Code, to authorize the 

waiver of the collection of copayments for telehealth and 

telemedicine visits of veterans, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. AUTHORITY TO WAIVE COLLECTION OF COPAY2 MENTS FOR TELEHEALTH AND TELEMEDI3 CINE VISITS OF VETERANS. 

4 (a) IN GENERAL.—Subchapter III of chapter 17 of 

5 title 38, United States Code, is amended by inserting after 

6 section 1722A the following new section: 

7 ‘‘§ 1722B. Copayments: waiver of collection of copay8 ments for telehealth and telemedicine 

9 visits of veterans 

10 ‘‘The Secretary may waive the imposition or collec11 tion of copayments for telehealth and telemedicine visits 

12 of veterans under the laws administered by the Sec13 retary.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of chapter 17 of such title is amended 

16 by inserting after the item relating to section 1722A the 

17 following new item: 

‘‘1722B. Copayments: waiver of collection of copayments for telehealth and telemedicine visits of veterans.’’. 

18 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

19 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet20 erans Programs Improvement Act of 2011’’. 

21 (b) TABLE OF CONTENTS.—The table of contents for 

22 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References to title 38, United States Code. 


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TITLE I—HEALTH CARE MATTERS 

Sec. 101. Authority to waive collection of copayments for telehealth and telemedicine visits of veterans. 

Sec. 102. Teleconsultation, teleretinal imaging, and telemedicine. 

Sec. 103. Payments and allowances for beneficiary travel in connection with veterans receiving care from Vet Centers. 

Sec. 104. Use of service dogs on property of the Department of Veterans Affairs. 

Sec. 105. Rehabilitative services for veterans with traumatic brain injury. 

Sec. 106. Centers of excellence for rural health research, education, and clinical 

activities. 

Sec. 107. Provision of chiropractic services to veterans enrolled in health care system of Department of Veterans Affairs. 

Sec. 108. Reimbursement rate for ambulance services. 

Sec. 109. Increased flexibility in establishing payment rates for nursing home 

care provided by State homes. 

Sec. 110. Access to State prescription monitoring programs. 

Sec. 111. Improvements for recovery and collection of amounts for Department of 

Veterans Affairs Medical Care Collections Fund. 

TITLE II—HOMELESS VETERANS MATTERS 

Sec. 201. Enhancement of comprehensive service programs. 

Sec. 202. Modification of grant program for homeless veterans with special needs. 

Sec. 203. 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. 204. Plan to end veteran homelessness. 

Sec. 205. Extension of certain authorities relating to homeless veterans. 

Sec. 206. Reauthorization of appropriations for homeless veterans reintegration 

program. 

Sec. 207. Reauthorization of appropriations for financial assistance for supportive services for very low-income veteran families in permanent housing. 

Sec. 208. Reauthorization of appropriations for grant program for homeless veterans with special needs. 

Sec. 209. Collaboration in provision of case management services to homeless veterans in supported housing program. 

TITLE III—HOUSING MATTERS 

Sec. 301. Short title. 

Sec. 302. Extended period of protections for members of uniformed services relating to mortgages, mortgage foreclosure, and eviction. 

Sec. 303. Occupancy of property by dependent child of veteran for purposes of 

meeting occupancy requirement for Department of Veterans Affairs housing loans. 

Sec. 304. Waiver of loan fee for individuals with disability ratings issued during 

pre-discharge programs. 

Sec. 305. Improvements to assistance for disabled veterans residing in housing 

owned by a family member. 

Sec. 306. Expansion of eligibility for specially adapted housing assistance for veterans with vision impairment. 

Sec. 307. Revised limitations on assistance furnished for acquisition and adaptation of housing for disabled veterans. 


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TITLE IV—COMPENSATION AND PENSION MATTERS 

Sec. 401. Increase in rate of pension for disabled veterans married to one another 

and both of whom require regular aid and attendance. 

Sec. 402. Authority for retroactive effective date for awards of disability compensation in connection with applications that are fully-developed at submittal. 

Sec. 403. Modification of month of death benefit for surviving spouses of veterans 

who die while entitled to compensation or pension. 

Sec. 404. Automatic waiver of agency of original jurisdiction review of new evidence. 

TITLE V—MEMORIAL, BURIAL, AND CEMETERY MATTERS 

Sec. 501. Prohibition on disruptions of funerals of members or former members 

of the Armed Forces. 

Sec. 502. Codification of prohibition against reservation of gravesites at Arlington National Cemetery. 

Sec. 503. Expansion of eligibility for presidential memorial certificates to persons 

who died in the active military, naval, or air service. 

TITLE VI—CONSTRUCTION MATTERS 

Sec. 601. Authorization of fiscal year 2012 major medical facility projects. 

Sec. 602. Modification of authorization for certain major medical facility construction projects previously authorized. 

Sec. 603. Authorization of fiscal year 2012 major medical facility leases. 

Sec. 604. Authorization of appropriations. 

Sec. 605. Limitation on authority of Secretary of Veterans Affairs to use bid savings on major medical facility projects to expand purpose of 

major medical facility projects. 

Sec. 606. Designation of George H. O’Brien, Jr., Department of Veterans Affairs 

Medical Center. 

Sec. 607. Designation of Major William Edward Adams Department of Veterans 

Affairs Clinic. 

TITLE VII—OTHER ADMINISTRATIVE AND BENEFITS MATTERS 

Sec. 701. Assistance to veterans affected by natural disasters. 

Sec. 702. Aggregate amount of educational assistance available to individuals 

who receive both survivors’ and dependents educational assistance and other veterans and related educational assistance. 

Sec. 703. Department of Veterans Affairs enforcement penalties for misrepresentation of a business concern as a small business concern owned 

and controlled by veterans or as a small business concern owned 

and controlled by service-disabled veterans. 

Sec. 704. Authority for certain persons to sign claims filed with Secretary of Veterans Affairs on behalf of claimants. 

Sec. 705. Improvement of process for filing jointly for social security and dependency and indemnity compensation. 

Sec. 706. Parity between part-time and full-time students under employee incentive scholarship program. 

Sec. 707. Report on pay-for-performance compensation under health care services 

contracts. 

Sec. 708. Extension of authority to obtain information from Secretary of Treasury and Commissioner of Social Security for income verification 

purposes. 


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Sec. 709. Extension of authority for regional office of Department of Veterans Affairs in Republic of the Philippines. 

Sec. 710. Report on establishment of a Polytrauma Rehabilitation Center or 

Polytrauma Network Site of the Department of Veterans Affairs 

in the northern Rockies or Dakotas. 

Sec. 711. Modification of loan guaranty fee for certain initial loans. 

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

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms of 

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to a section or 

6 other provision of title 38, United States Code. 

7 TITLE I—HEALTH CARE 

8 MATTERS 

9 SEC. 101. AUTHORITY TO WAIVE COLLECTION OF COPAY10 MENTS FOR TELEHEALTH AND TELEMEDI11 CINE VISITS OF VETERANS. 

12 (a) IN GENERAL.—Subchapter III of chapter 17 is 

13 amended by inserting after section 1722A the following new 

14 section: 

15 ‘‘§ 1722B. Copayments: waiver of collection of copay16 ments for telehealth and telemedicine vis17 its of veterans 

18 ‘‘The Secretary may waive the imposition or collection 

19 of copayments for telehealth and telemedicine visits of vet20 erans under the laws administered by the Secretary.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by inserting after 

3 the item relating to section 1722A the following new item: 

‘‘1722B. Copayments: waiver of collection of copayments for telehealth and telemedicine visits of veterans.’’. 

4 SEC. 102. TELECONSULTATION, TELERETINAL IMAGING, 

5 AND TELEMEDICINE. 

6 (a) TELECONSULTATION.— 

7 (1) IN GENERAL.—Subchapter I of chapter 17 is 

8 amended by adding at the end the following new sec9 tion: 

10 ‘‘§ 1709. Teleconsultation 

11 ‘‘(a) TELECONSULTATION.—(1) The Secretary shall 

12 carry out a program of teleconsultation for the provision 

13 of remote mental health and traumatic brain injury assess14 ments in facilities of the Department that are not otherwise 

15 able to provide such assessments without contracting with 

16 third party providers or reimbursing providers through a 

17 fee basis system. 

18 ‘‘(2) The Secretary shall, in consultation with appro19 priate professional societies, promulgate technical and clin20 ical care standards for the use of teleconsultation services 

21 within facilities of the Department. 

22 ‘‘(b) TELECONSULTATION DEFINED.—In this section, 

23 the term ‘teleconsultation’ means the use by a health care 


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1 specialist of telecommunications to assist another health 

2 care provider in rendering a diagnosis or treatment.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of such chapter 17 is amended 

5 by inserting after the item related to section 1708 the 

6 following new item: 

‘‘1709. Teleconsultation.’’. 

7 (b) TRAINING IN TELEMEDICINE.—The Secretary of 

8 Veterans Affairs shall offer medical residents opportunities 

9 in training in telemedicine to the extent such facilities offer10 ing residency programs have and utilize telemedicine and 

11 shall make such opportunities available consistent with 

12 standards established by the Accreditation Council for 

13 Graduate Medical Education for medical residency pro14 grams. 

15 (c) ENHANCEMENT OF VERA.— 

16 (1) INCENTIVES FOR PROVISION OF TELECON17 SULTATION, TELERETINAL IMAGING, TELEMEDICINE, 

18 AND TELEHEALTH SERVICES.— 

19 (A) IN GENERAL.—The Secretary of Vet20 erans Affairs shall modify the Veterans Equitable 

21 Resource Allocation (VERA) system to include 

22 teleconsultation, teleretinal imaging, telemedi23 cine, and telehealth coordination services. 

24 (B) ASSESSMENT.—Not later than one year 

25 after the date on which the Secretary modifies 


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1 the Veterans Equitable Resource Allocation sys2 tem as required by subparagraph (A), the Sec3 retary shall assess— 

4 (i) the effect of such modification on 

5 the utilization of teleconsultation, teleretinal 

6 imaging, telemedicine, and telehealth co7 ordination services; and 

8 (ii) whether additional incentives are 

9 required to promote the utilization of such 

10 services throughout the Department of Vet11 erans Affairs. 

12 (2) INCLUSION OF TELEMEDICINE VISITS IN

13 WORKLOAD REPORTING.—The Secretary shall modify 

14 the Veterans Equitable Resource Allocation system to 

15 require the inclusion of all telemedicine visits in the 

16 calculation of facility workload. 

17 (d) DEFINITIONS.—In this section: 

18 (1) TELECONSULTATION.—The term ‘‘telecon19 sultation’’ has the meaning given such term in section 

20 1709 of title 38, United States Code, as added by sub21 section (a). 

22 (2) TELEHEALTH.—The term ‘‘telehealth’’ means 

23 the use of telecommunications to collect patient data 

24 remotely and send data to a monitoring station for 

25 interpretation. 


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1 (3) TELEMEDICINE.—The term ‘‘telemedicine’’ 

2 means the use by a health care provider of tele3 communications to assist in the diagnosis or treat4 ment of a patient’s medical condition. 

5 (4) TELERETINAL IMAGING.—The term ‘‘teleret6 inal imaging’’ means the use by a health care spe7 cialist of telecommunications, digital retinal imaging, 

8 and remote image interpretation to provide eye care. 

9 SEC. 103. PAYMENTS AND ALLOWANCES FOR BENEFICIARY 

10 TRAVEL IN CONNECTION WITH VETERANS RE11 CEIVING CARE FROM VET CENTERS. 

12 (a) CLARIFICATION OF EXISTING AUTHORITY.—The 

13 Secretary of Veterans Affairs may pay the actual necessary 

14 expense of travel or an allowance for travel to or from a 

15 Vet Center under section 111(a) of title 38, United States 

16 Code. 

17 (b) REPORT.— 

18 (1) IN GENERAL.—Not later than one year after 

19 the date of the enactment of this Act, the Secretary 

20 shall submit to Congress a report on the feasibility 

21 and advisability of paying the actual necessary ex22 penses of travel or allowances for travel to or from Vet 

23 Centers under such section. 

24 (2) ELEMENTS.—The report required by para25 graph (1) shall include the following: 


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1 (A) A description of the veterans who ben2 efit from payment as described in subsection (a). 

3 (B) A description of any impediments to 

4 the Secretary in paying such expenses or allow5 ances. 

6 (C) A description of any impediments en7 countered by veterans in receiving such pay8 ments. 

9 (D) An assessment of the feasibility and ad10 visability of paying such expenses or allowances. 

11 (E) Such recommendations for legislative or 

12 administrative action as the Secretary considers 

13 appropriate with respect to the payment of such 

14 expenses or allowances. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Secretary such sums 

17 as may be necessary to pay expenses and allowances as de18 scribed in subsection (a) during the one-year period begin19 ning on the date of the enactment of this Act. 

20 (d) VET CENTER DEFINED.—In this section, the term 

21 ‘‘Vet Center’’ means a center for readjustment counseling 

22 and related mental health services for veterans under section 

23 1712A of such title. 


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1 SEC. 104. USE OF SERVICE DOGS ON PROPERTY OF THE DE2 PARTMENT OF VETERANS AFFAIRS. 

3 Section 1714 is amended by adding at the end the fol4 lowing new subsection: 

5 ‘‘(e)(1) Subject to paragraph (3), the Secretary shall 

6 admit service animals described in paragraph (2) to any 

7 building or property of the Department on the same terms 

8 and conditions, and subject to the same regulations, as oth9 erwise generally govern the admission of the public to such 

10 buildings or properties. 

11 ‘‘(2) The service animals described in this paragraph 

12 are service dogs provided under subsection (c) and other 

13 guide dogs or service animals that accompany individuals 

14 with disabilities and that are especially trained and edu15 cated to accompany such individuals. 

16 ‘‘(3) The Secretary may prohibit service animals de17 scribed in paragraph (2) from running free in or roaming 

18 buildings or properties described in paragraph (1) and may 

19 require such service animals to adorn guiding harnesses or 

20 leashes and be under the control of an individual at all 

21 times while in such buildings or on such properties.’’. 

22 SEC. 105. REHABILITATIVE SERVICES FOR VETERANS WITH 

23 TRAUMATIC BRAIN INJURY. 

24 (a) REHABILITATION SERVICES IN PLANS FOR REHA25 BILITATION AND REINTEGRATION.—Section 1710C is 

26 amended— 


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1 (1) in subsection (a)(1), by inserting before the 

2 semicolon the following: ‘‘with the goal of maximizing 

3 the individual’s independence’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (1)— 

6 (i) by inserting ‘‘(and sustaining im7 provement in)’’ after ‘‘improving’’; and 

8 (ii) by inserting ‘‘behavioral,’’ after 

9 ‘‘cognitive,’’; 

10 (B) in paragraph (2), by inserting ‘‘reha11 bilitative services and’’ before ‘‘rehabilitative 

12 components’’; and 

13 (C) in paragraph (3)— 

14 (i) by striking ‘‘treatments’’ the first 

15 place it appears and inserting ‘‘services’’; 

16 and 

17 (ii) by striking ‘‘treatments and’’ the 

18 second place it appears; and 

19 (3) by adding at the end the following new sub20 section: 

21 ‘‘(h) REHABILITATIVE SERVICES DEFINED.—For pur22 poses of this section, and sections 1710D and 1710E of this 

23 title, the term ‘rehabilitative services’ includes— 

24 ‘‘(1) rehabilitative services, as such term is de25 fined in section 1701 of this title; 


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1 ‘‘(2) treatment and services (which may be of on2 going duration) to sustain, and prevent loss of, func3 tional gains that have been achieved; and 

4 ‘‘(3) any other rehabilitative services or supports 

5 that may contribute to maximizing an individual’s 

6 independence.’’. 

7 (b) REHABILITATION SERVICES IN COMPREHENSIVE

8 PROGRAM FOR LONG-TERM REHABILITATION.—Section 

9 1710D(a) is amended— 

10 (1) by inserting ‘‘and rehabilitative services (as 

11 defined in section 1710C of this title)’’ after ‘‘long12 term care’’; and 

13 (2) by striking ‘‘treatment’’. 

14 (c) REHABILITATION SERVICES IN AUTHORITY FOR

15 COOPERATIVE AGREEMENTS FOR USE OF NON-DEPART16 MENT FACILITIES FOR REHABILITATION.—Section 

17 1710E(a) is amended by inserting ‘‘, including rehabilita18 tive services (as defined in section 1710C of this title),’’ 

19 after ‘‘medical services’’. 

20 (d) TECHNICAL AMENDMENT.—Section 

21 1710C(c)(2)(S) is amended by striking ‘‘opthamologist’’ 

22 and inserting ‘‘ophthalmologist’’. 


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1 SEC. 106. CENTERS OF EXCELLENCE FOR RURAL HEALTH 

2 RESEARCH, EDUCATION, AND CLINICAL AC3 TIVITIES. 

4 (a) CENTERS OF EXCELLENCE.— 

5 (1) IN GENERAL.—Subchapter II of chapter 73 is 

6 amended by adding at the end the following new sec7 tion: 

8 ‘‘SEC. 7330B. CENTERS OF EXCELLENCE FOR RURAL 

9 HEALTH RESEARCH, EDUCATION, AND CLIN10 ICAL ACTIVITIES. 

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall, through 

12 the Director of the Office of Rural Health, establish and 

13 operate centers of excellence for rural health research, edu14 cation, and clinical activities. 

15 ‘‘(b) ACTIVITIES.—Each center established and oper16 ated under subsection (a) shall carry out one or more of 

17 the following: 

18 ‘‘(1) Collaboration with the Office of Research 

19 and Development of the Veterans Health Administra20 tion on research relating to the furnishing of health 

21 services in rural areas. 

22 ‘‘(2) Development of specific models to be used by 

23 the Department in furnishing health services to vet24 erans in rural areas. 

25 ‘‘(3) Provision of education and training for 

26 health care professionals of the Department on the 


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1 furnishing of health services to veterans in rural 

2 areas. 

3 ‘‘(4) Development and implementation of inno4 vative clinical activities and systems of care for the 

5 Department for the furnishing of health services to 

6 veterans in rural areas. 

7 ‘‘(c) DESIGNATION.—The Secretary may designate a 

8 rural health resource of the Office of Rural Health as a cen9 ter of excellence for purposes of this section, including a 

10 rural health resource center described in section 7308(d) of 

11 this title, if such resource or center engages in one or more 

12 of the activities described in subsection (b). 

13 ‘‘(d) FUNDING.—Activities of clinical and scientific in14 vestigation at each center operated under this section shall 

15 be eligible to compete for the award of funding from funds 

16 appropriated for the Medical and Prosthetics Research Ac17 count.’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of such chapter is amended by 

20 inserting after the item relating to section 7330A the 

21 following new item: 

‘‘7330B. Centers of excellence for rural health research, education, and clinical activities.’’. 

22 (b) RECOGNITION OF RURAL HEALTH RESOURCE

23 CENTERS IN OFFICE OF RURAL HEALTH.—Section 7308 is 

24 amended by adding at the end the following new subsection: 


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1 ‘‘(d) RURAL HEALTH RESOURCE CENTERS.—(1) 

2 There are in the Office veterans rural health resource centers 

3 that serve as satellite offices for the Office. 

4 ‘‘(2) The veterans rural health resource centers have 

5 purposes as follows: 

6 ‘‘(A) To improve the understanding of the Office 

7 of the challenges faced by veterans living in rural 

8 areas. 

9 ‘‘(B) To identify disparities in the availability 

10 of health care to veterans living in rural areas. 

11 ‘‘(C) To formulate practices or programs to en12 hance the delivery of health care to veterans living in 

13 rural areas. 

14 ‘‘(D) To develop special practices and products 

15 for the benefit of veterans living in rural areas and 

16 for implementation of such practices and products in 

17 the Department systemwide.’’. 

18 (c) DESIGNATION OF DEPARTMENT OF VETERANS AF19 FAIRS MEDICAL CENTER IN FARGO, NORTH DAKOTA, AS

20 A CENTER OF EXCELLENCE FOR RURAL HEALTH RE21 SEARCH, EDUCATION, AND CLINICAL ACTIVITIES.—In con22 sideration of ongoing initiatives through the Office of Rural 

23 Health located at the University of North Dakota and the 

24 Department of Veterans Affairs medical center in Fargo, 

25 North Dakota, such medical center shall be designated 


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1 under section 7330B(c) of title 38, United States Code, as 

2 added by subsection (a), as a center of excellence for rural 

3 health research, education, and clinical activities. 

4 SEC. 107. PROVISION OF CHIROPRACTIC SERVICES TO VET5 ERANS ENROLLED IN HEALTH CARE SYSTEM 

6 OF DEPARTMENT OF VETERANS AFFAIRS. 

7 (a) COMPREHENSIVE POLICY ON CHIROPRACTIC SERV8 ICES.— 

9 (1) IN GENERAL.—Not later than June 1, 2012, 

10 the Secretary of Veterans Affairs shall develop and 

11 implement a comprehensive policy on the provision of 

12 chiropractic services provided at the expense of the 

13 Department of Veterans Affairs to veterans enrolled in 

14 the health care system of the Department. 

15 (2) SCOPE OF POLICY.—The policy required by 

16 paragraph (1) shall cover each of the following: 

17 (A) The Department-wide protocols gov18 erning referrals for chiropractic services. 

19 (B) The Department-wide protocols gov20 erning direct access to chiropractic services. 

21 (C) The Department-wide protocols gov22 erning the scope of practice of chiropractic prac23 titioners. 

24 (D) The definition of chiropractic services 

25 to be provided. 


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1 (E) The assurance of prompt and appro2 priate chiropractic services by the Department, 

3 system-wide, when medically appropriate. 

4 (F) Department programs of education and 

5 training for health care personnel of the Depart6 ment regarding the benefits of chiropractic serv7 ices. 

8 (G) Department programs of patient edu9 cation for veterans suffering from back pain and 

10 related disorders. 

11 (3) UPDATES.—The Secretary shall revise the 

12 policy required by paragraph (1) on a periodic basis 

13 in accordance with experience and evolving best prac14 tice guidelines. 

15 (4) CONSULTATION.—The Secretary shall develop 

16 the policy required by paragraph (1), and revise such 

17 policy under paragraph (3), in consultation with vet18 erans service organizations and other organizations 

19 with expertise regarding the benefits of chiropractic 

20 services. 

21 (b) LOCATIONS FOR PROVISION OF CHIROPRACTIC

22 SERVICES.—In carrying out the policy required by sub23 section (a), the Secretary shall provide chiropractic services 

24 at— 


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1 (1) not less than two locations in each Veterans 

2 Integrated Service Network (VISN); and 

3 (2) such locations as the Secretary considers ap4 propriate based on the Secretary’s assessment of de5 mand for chiropractic services provided by the De6 partment, including consideration of the following: 

7 (A) The average time a veteran seeking 

8 chiropractic services from the Department is re9 quired to wait for such services. 

10 (B) Rates of fee-based care. 

11 (C) Such other considerations as the Sec12 retary considers appropriate. 

13 (c) ANNUAL REPORT.— 

14 (1) IN GENERAL.—Not later than 180 days after 

15 the date of the completion and initial implementation 

16 of the policy required by subsection (a)(1) and on Oc17 tober 1 of every fiscal year thereafter through fiscal 

18 year 2020, the Secretary shall submit to the Com19 mittee on Veterans’ Affairs of the Senate and the 

20 Committee on Veterans’ Affairs of the House of Rep21 resentatives a report on the implementation of the 

22 policy required by subsection (a)(1). 

23 (2) ELEMENTS.—The report required by para24 graph (1) shall include the following: 


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1 (A) A description of the policy developed 

2 and implemented under paragraph (1) of sub3 section (a) and any revisions to such policy 

4 under paragraph (3) of such subsection. 

5 (B) A description of the performance meas6 ures used to determine the effectiveness of such 

7 policy in improving the availability of chiro8 practic services for veterans system-wide. 

9 (C) An assessment of the adequacy of De10 partment chiropractic services based on a survey 

11 of patients managed in Department clinics. 

12 (D) An assessment of the training provided 

13 to Department health care personnel with respect 

14 to the benefits of chiropractic services and the 

15 appropriate referral of patients for chiropractic 

16 services. 

17 (E) An assessment of the patient pain care 

18 education programs of the Department. 

19 (F) The number of episodes of chiropractic 

20 services (including referrals for chiropractic serv21 ices to non-Department providers) granted in the 

22 preceding fiscal year, disaggregated by facility. 

23 (d) VETERANS SERVICE ORGANIZATION DEFINED.—In 

24 this section, the term ‘‘veterans service organization’’ means 

25 any organization recognized by the Secretary for the repVerDate Mar 15 2010 23:55 Oct 11, 2011 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\S914.RS S914

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1 resentation of veterans under section 5902 of title 38, 

2 United States Code. 

3 SEC. 108. REIMBURSEMENT RATE FOR AMBULANCE SERV4 ICES. 

5 Section 111(b)(3) is amended by adding at the end the 

6 following new subparagraph: 

7 ‘‘(C) In the case of transportation of a person under 

8 subparagraph (B) by ambulance, the Secretary may pay 

9 the provider of the transportation the lesser of the actual 

10 charge for the transportation or the amount determined by 

11 the fee schedule established under section 1834(l) of the So12 cial Security Act (42 U.S.C. 1395m(l)) unless the Secretary 

13 has entered into a contract for that transportation with the 

14 provider.’’. 

15 SEC. 109. INCREASED FLEXIBILITY IN ESTABLISHING PAY16 MENT RATES FOR NURSING HOME CARE PRO17 VIDED BY STATE HOMES. 

18 (a) IN GENERAL.—Section 1745(a) is amended— 

19 (1) in paragraph (1), by striking ‘‘The Secretary 

20 shall pay each State home for nursing home care at 

21 the rate determined under paragraph (2)’’ and insert22 ing ‘‘The Secretary shall enter into a contract (or 

23 agreement under section 1720(c)(1) of this title) with 

24 each State home for payment by the Secretary for 

25 nursing home care provided in the home’’; and 


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1 (2) by striking paragraph (2) and inserting the 

2 following new paragraph (2): 

3 ‘‘(2) Payment under each contract (or agreement) be4 tween the Secretary and a State home under paragraph (1) 

5 shall be based on a methodology, developed by the Secretary 

6 in consultation with the State home, to adequately reim7 burse the State home for the care provided by the State 

8 home under the contract (or agreement).’’. 

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall apply to care provided on or after January 

11 1, 2012. 

12 SEC. 110. ACCESS TO STATE PRESCRIPTION MONITORING 

13 PROGRAMS. 

14 (a) EXCEPTION WITH RESPECT TO CONFIDENTIAL NA15 TURE OF CLAIMS.—Section 5701 is amended by adding at 

16 the end the following new subsection: 

17 ‘‘(l) Under regulations the Secretary shall prescribe, 

18 the Secretary may disclose information about a veteran or 

19 the dependent of a veteran to a State controlled substance 

20 monitoring program, including a program approved by the 

21 Secretary of Health and Human Services under section 

22 399O of the Public Health Service Act (42 U.S.C. 280g– 

23 3), to the extent necessary to prevent misuse and diversion 

24 of prescription medicines.’’. 


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1 (b) EXCEPTION WITH RESPECT TO CONFIDENTIALITY

2 OF CERTAIN MEDICAL RECORDS.—Section 7332(b)(2) is 

3 amended by adding at the end the following new subpara4 graph: 

5 ‘‘(G) To a State controlled substance monitoring 

6 program, including a program approved by the Sec7 retary of Health and Human Services under section 

8 399O of the Public Health Service Act (42 U.S.C. 

9 280g–3), to the extent necessary to prevent misuse 

10 and diversion of prescription medicines.’’. 

11 SEC. 111. IMPROVEMENTS FOR RECOVERY AND COLLEC12 TION OF AMOUNTS FOR DEPARTMENT OF 

13 VETERANS AFFAIRS MEDICAL CARE COLLEC14 TIONS FUND. 

15 (a) DEVELOPMENT AND IMPLEMENTATION OF PLAN

16 FOR RECOVERY AND COLLECTION.— 

17 (1) IN GENERAL.—Not later than 180 days after 

18 the date of the enactment of this Act, the Secretary of 

19 Veterans Affairs shall develop and implement a plan 

20 to ensure the recovery and collection of amounts 

21 under the provisions of law described in section 

22 1729A(b) of title 38, United States Code, for deposit 

23 in the Department of Veterans Affairs Medical Care 

24 Collections Fund. 


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1 (2) ELEMENTS.—The plan required by para2 graph (1) shall include the following: 

3 (A) An effective process to identify billable 

4 fee claims. 

5 (B) Effective and practicable policies and 

6 procedures that ensure recovery and collection of 

7 amounts described in section 1729A(b) of such 

8 title. 

9 (C) The training of employees of the De10 partment, on or before December 1, 2011, who 

11 are responsible for the recovery or collection of 

12 such amounts to enable such employees to comply 

13 with the process required by subparagraph (A) 

14 and the policies and procedures required by sub15 paragraph (B). 

16 (D) Fee revenue goals for the Department. 

17 (E) An effective monitoring system to en18 sure achievement of goals described in subpara19 graph (D) and compliance with the policies and 

20 procedures described in subparagraph (B). 

21 (b) MONITORING OF THIRD PARTY COLLECTIONS.— 

22 The Secretary shall monitor the recovery and collection of 

23 amounts from third parties (as defined in section 1729(i) 

24 of such title) for deposit in such fund. 


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1 TITLE II—HOMELESS VETERANS 

2 MATTERS 

3 SEC. 201. ENHANCEMENT OF COMPREHENSIVE SERVICE 

4 PROGRAMS. 

5 (a) ENHANCEMENT OF GRANTS.—Section 2011 is 

6 amended— 

7 (1) in subsection (b)(1)(A), by striking ‘‘expan8 sion, remodeling, or alteration of existing buildings, 

9 or acquisition of facilities,’’ and inserting ‘‘new con10 struction of facilities, expansion, remodeling, or alter11 ation of existing facilities, or acquisition of facili12 ties’’; and 

13 (2) in subsection (c)— 

14 (A) in the first sentence, by striking ‘‘A 

15 grant’’ and inserting ‘‘(1) A grant’’; 

16 (B) in the second sentence of paragraph (1), 

17 as designated by subparagraph (A), by striking 

18 ‘‘The amount’’ and inserting the following: 

19 ‘‘(2) The amount’’; and 

20 (C) by adding at the end the following new 

21 paragraph: 

22 ‘‘(3)(A) The Secretary may not deny an application 

23 from an entity that seeks a grant under this section to carry 

24 out a project described in subsection (b)(1)(A) solely on the 

25 basis that the entity proposes to use funding from other priVerDate Mar 15 2010 23:55 Oct 11, 2011 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\S914.RS S914

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1 vate or public sources, if the entity demonstrates that a pri2 vate nonprofit organization will provide oversight and site 

3 control for the project. 

4 ‘‘(B) In this paragraph, the term ‘private nonprofit 

5 organization’ means the following: 

6 ‘‘(i) An incorporated private institution, organi7 zation, or foundation— 

8 ‘‘(I) that has received, or has temporary 

9 clearance to receive, tax-exempt status under 

10 paragraph (2), (3), or (19) of section 501(c) of 

11 the Internal Revenue Code of 1986; 

12 ‘‘(II) for which no part of the net earnings 

13 of the institution, organization, or foundation 

14 inures to the benefit of any member, founder, or 

15 contributor of the institution, organization, or 

16 foundation; and 

17 ‘‘(III) that the Secretary determines is fi18 nancially responsible. 

19 ‘‘(ii) A for-profit limited partnership or limited 

20 liability company, the sole general partner or man21 ager of which is an organization that is described by 

22 subclauses (I) through (III) of clause (i). 

23 ‘‘(iii) A corporation wholly owned and controlled 

24 by an organization that is described by subclauses (I) 

25 through (III) of clause (i).’’. 


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1 (b) GRANT AND PER DIEM PAYMENTS.— 

2 (1) STUDY AND DEVELOPMENT OF FISCAL CON3 TROLS AND PAYMENT METHOD.—Not later than one 

4 year after the date of the enactment of this Act, the 

5 Secretary of Veterans Affairs shall— 

6 (A) complete a study of all matters relating 

7 to the method used by the Secretary to make per 

8 diem payments under section 2012(a) of title 38, 

9 United States Code, including changes antici10 pated by the Secretary in the cost of furnishing 

11 services to homeless veterans and accounting for 

12 costs of providing such services in various geo13 graphic areas; 

14 (B) develop more effective and efficient pro15 cedures for fiscal control and fund accounting by 

16 recipients of grants under sections 2011, 2012, 

17 and 2061 of such title; and 

18 (C) develop a more effective and efficient 

19 method for adequately reimbursing recipients of 

20 grants under section 2011 of such title for serv21 ices furnished to homeless veterans. 

22 (2) CONSIDERATION.—In developing the method 

23 required by paragraph (1)(C), the Secretary may con24 sider payments and grants received by recipients of 

25 grants described in such paragraph from other deVerDate Mar 15 2010 23:55 Oct 11, 2011 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\S914.RS S914

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1 partments and agencies of Federal and local govern2 ments and from private entities. 

3 (3) REPORT.—Not later than one year after the 

4 date of the enactment of this Act, the Secretary shall 

5 submit to Congress a report on— 

6 (A) the findings of the Secretary with re7 spect to the study required by subparagraph (A) 

8 of paragraph (1); 

9 (B) the methods developed under subpara10 graphs (B) and (C) of such paragraph; and 

11 (C) any recommendations of the Secretary 

12 for revising the method described in subpara13 graph (A) of such paragraph and any legislative 

14 action the Secretary considers necessary to im15 plement such method. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 2013 is amended by striking ‘‘subchapter’’ and all that fol18 lows through the period and inserting the following: ‘‘sub19 chapter amounts as follows: 

20 ‘‘(1) $150,000,000 for each of fiscal years 2007 

21 through 2009. 

22 ‘‘(2) $175,100,000 for fiscal year 2010. 

23 ‘‘(3) $217,700,000 for fiscal year 2011. 

24 ‘‘(4) $250,000,000 for fiscal year 2012. 


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1 ‘‘(5) $150,000,000 for fiscal year 2013 and each 

2 fiscal year thereafter.’’. 

3 SEC. 202. MODIFICATION OF GRANT PROGRAM FOR HOME4 LESS VETERANS WITH SPECIAL NEEDS. 

5 (a) INCLUSION OF ENTITIES ELIGIBLE FOR COM6 PREHENSIVE SERVICE PROGRAM GRANTS AND PER DIEM

7 PAYMENTS FOR SERVICES TO HOMELESS VETERANS.— 

8 Subsection (a) of section 2061 is amended— 

9 (1) by striking ‘‘to grant and per diem pro10 viders’’ and inserting ‘‘to entities eligible for grants 

11 and per diem payments under sections 2011 and 

12 2012 of this title’’; and 

13 (2) by striking ‘‘by those facilities and pro14 viders’’ and inserting ‘‘by those facilities and enti15 ties’’. 

16 (b) INCLUSION OF MALE HOMELESS VETERANS WITH

17 MINOR DEPENDENTS.—Subsection (b) of such section is 

18 amended— 

19 (1) in paragraph (1), by striking ‘‘, including 

20 women who have care of minor dependents’’; 

21 (2) in paragraph (3), by striking ‘‘or’’; 

22 (3) in paragraph (4), by striking the period at 

23 the end and inserting ‘‘; or’’; and 

24 (4) by adding at the end the following new para25 graph: 


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1 ‘‘(5) individuals who have care of minor depend2 ents.’’. 

3 (c) AUTHORIZATION OF PROVISION OF SERVICES TO

4 DEPENDENTS.—Such section is further amended— 

5 (1) by redesignating subsection (c) as subsection 

6 (d); and 

7 (2) by inserting after subsection (b) the following 

8 new subsection (c): 

9 ‘‘(c) PROVISION OF SERVICES TO DEPENDENTS.—A re10 cipient of a grant under subsection (a) may use amounts 

11 under the grant to provide services directly to a dependent 

12 of a homeless veteran with special needs who is under the 

13 care of such homeless veteran while such homeless veteran 

14 receives services from the grant recipient under this sec15 tion.’’. 

16 SEC. 203. MODIFICATION OF AUTHORITY FOR PROVISION 

17 OF TREATMENT AND REHABILITATION TO 

18 CERTAIN VETERANS TO INCLUDE PROVISION 

19 OF TREATMENT AND REHABILITATION TO 

20 HOMELESS VETERANS WHO ARE NOT SERI21 OUSLY MENTALLY ILL. 

22 Section 2031(a) is amended in the matter before para23 graph (1) by striking ‘‘, including’’ and inserting ‘‘and to’’. 


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1 SEC. 204. PLAN TO END VETERAN HOMELESSNESS. 

2 (a) IN GENERAL.—Not later than one year after the 

3 date of the enactment of this Act, the Secretary of Veterans 

4 Affairs shall submit to Congress a comprehensive plan to 

5 end homelessness among veterans. 

6 (b) ELEMENTS.—The plan required by subsection (a) 

7 shall include the following: 

8 (1) An analysis of programs of the Department 

9 of Veterans Affairs and other departments and agen10 cies of the Federal Government that are designed to 

11 prevent homelessness among veterans and assist vet12 erans who are homeless. 

13 (2) An evaluation of whether and how coordina14 tion between the programs described in paragraph (1) 

15 would contribute to ending homelessness among vet16 erans. 

17 (3) Recommendations for improving the pro18 grams described in paragraph (1), enhancing coordi19 nation between such programs, or eliminating pro20 grams that are no longer effective. 

21 (4) Recommendations for new programs to pre22 vent and end homelessness among veterans, including 

23 an estimate of the cost of such programs. 

24 (5) A timeline for implementing the plan, in25 cluding milestones to track the implementation of the 

26 plan. 


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1 (6) Benchmarks to measure the effectiveness of 

2 the plan and the efforts of the Secretary to implement 

3 the plan. 

4 (7) Such other matters as the Secretary considers 

5 necessary. 

6 (c) CONSIDERATION OF VETERANS LOCATED IN RURAL

7 AREAS.—The analysis, evaluation, and recommendations 

8 included in the report required by subsection (a) shall in9 clude consideration of the circumstances and requirements 

10 that are unique to veterans located in rural areas. 

11 SEC. 205. EXTENSION OF CERTAIN AUTHORITIES RELATING 

12 TO HOMELESS VETERANS. 

13 (a) HEALTH CARE FOR HOMELESS VETERANS.—Sec14 tion 2031(b) is amended by striking ‘‘December 31, 2011’’ 

15 and inserting ‘‘December 31, 2012’’. 

16 (b) CENTERS FOR PROVISION OF COMPREHENSIVE

17 SERVICES TO HOMELESS VETERANS.—Section 2033(d) is 

18 amended by striking ‘‘December 31, 2011’’ and inserting 

19 ‘‘December 31, 2014’’. 

20 (c) PROPERTY TRANSFERS FOR HOUSING ASSISTANCE

21 FOR HOMELESS VETERANS.—Section 2041(c) is amended 

22 by striking ‘‘December 31, 2011’’ and inserting ‘‘December 

23 31, 2014’’. 


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1 (d) ADVISORY COMMITTEE ON HOMELESS VET2 ERANS.—Section 2066(d) is amended by striking ‘‘Decem3 ber 31, 2011’’ and inserting ‘‘December 31, 2013’’. 

4 SEC. 206. REAUTHORIZATION OF APPROPRIATIONS FOR 

5 HOMELESS VETERANS REINTEGRATION PRO6 GRAM. 

7 Section 2021(e)(1) is amended by adding at the end 

8 the following new subparagraph: 

9 ‘‘(G) $50,000,000 for fiscal year 2012.’’. 

10 SEC. 207. REAUTHORIZATION OF APPROPRIATIONS FOR FI11 NANCIAL ASSISTANCE FOR SUPPORTIVE 

12 SERVICES FOR VERY LOW-INCOME VETERAN 

13 FAMILIES IN PERMANENT HOUSING. 

14 (a) IN GENERAL.—Section 2044(e) is amended— 

15 (1) in paragraph (1), by adding at the end the 

16 following new subparagraph: 

17 ‘‘(D) $100,000,000 for fiscal year 2012.’’; and 

18 (2) in paragraph (3), by striking ‘‘2011’’ and in19 serting ‘‘2012’’. 

20 (b) TECHNICAL AMENDMENT.—Paragraph (1) of such 

21 section is further amended by striking ‘‘carry out subsection 

22 (a), (b), and (c)’’ and inserting ‘‘carry out subsections (a), 

23 (b), and (c)’’. 


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1 SEC. 208. REAUTHORIZATION OF APPROPRIATIONS FOR 

2 GRANT PROGRAM FOR HOMELESS VETERANS 

3 WITH SPECIAL NEEDS. 

4 Section 2061(d)(1), as redesignated by section 

5 202(c)(1), is amended by striking ‘‘2011’’ and inserting 

6 ‘‘2013’’. 

7 SEC. 209. COLLABORATION IN PROVISION OF CASE MAN8 AGEMENT SERVICES TO HOMELESS VET9 ERANS IN SUPPORTED HOUSING PROGRAM. 

10 (a) IN GENERAL.—The Secretary of Veterans Affairs 

11 shall consider entering into contracts or agreements, under 

12 sections 513 and 8153 of title 38, United States Code, with 

13 eligible entities to collaborate with the Secretary in the pro14 vision of case management services to covered veterans as 

15 part of the supported housing program carried out under 

16 section 8(o)(19) of the United States Housing Act of 1937 

17 (42 U.S.C. 1437f(o)(19)) to ensure that the homeless vet18 erans facing the most significant difficulties in obtaining 

19 suitable housing receive the assistance they require to obtain 

20 such housing. 

21 (b) COVERED VETERANS.—For purposes of this sec22 tion, a covered veteran is any veteran who— 

23 (1) is eligible to receive a housing voucher under 

24 such section 8(o)(19); 

25 (2) requires the assistance of a case manager in 

26 obtaining suitable housing with such voucher; and 


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1 (3) is having difficulty obtaining the amount of 

2 such assistance the veteran requires, including be3 cause— 

4 (A) the veteran resides in an area that has 

5 a shortage of low-income housing and because of 

6 such shortage the veteran requires more assist7 ance from a case manager than the Secretary 

8 otherwise provides; 

9 (B) the location in which the veteran resides 

10 is located at such distance from facilities of the 

11 Department of Veterans Affairs as makes the 

12 provision of case management services by the 

13 Secretary to such veteran impractical; or 

14 (C) the veteran resides in an area where 

15 veterans who receive case management services 

16 from the Secretary under such section have a sig17 nificantly lower average rate of successfully ob18 taining suitable housing than the average rate of 

19 successfully obtaining suitable housing for all 

20 veterans receiving such services. 

21 (c) ELIGIBLE ENTITIES.—For purposes of this section, 

22 an eligible entity is any State or local government agency, 

23 tribal organization (as such term is defined in section 4 

24 of the Indian Self Determination and Education Assistance 

25 Act (25 U.S.C. 450b)), or nonprofit organization that— 


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1 (1) under a contract or agreement described in 

2 subsection (a), agrees— 

3 (A) to ensure access to case management 

4 services by covered veterans on an as-needed 

5 basis; 

6 (B) to maintain referral networks for cov7 ered veterans for purposes of assisting covered 

8 veterans in demonstrating eligibility for assist9 ance and additional services under entitlement 

10 and assistance programs available for covered 

11 veterans, and to otherwise aid covered veterans 

12 in obtaining such assistance and services; 

13 (C) to ensure the confidentiality of records 

14 maintained by the entity on covered veterans re15 ceiving services through the supported housing 

16 program described in subsection (a); 

17 (D) to establish such procedures for fiscal 

18 control and fund accounting as the Secretary of 

19 Veterans Affairs considers appropriate to ensure 

20 proper disbursement and accounting of funds 

21 under a contract or agreement entered into by 

22 the entity as described in subsection (a); 

23 (E) to submit to the Secretary each year, in 

24 such form and such manner as the Secretary 

25 may require, a report on the collaboration unVerDate Mar 15 2010 23:55 Oct 11, 2011 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\S914.RS S914

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1 dertaken by the entity under a contract or agree2 ment described in such subsection during the 

3 most recent fiscal year, including a description 

4 of, for the year covered by the report— 

5 (i) the services and assistance provided 

6 to covered veterans as part of such collabo7 ration; 

8 (ii) the process by which covered vet9 erans were referred to the entity for such 

10 services and assistance; 

11 (iii) the specific goals jointly set by the 

12 entity and the Secretary for the provision of 

13 such services and assistance and whether the 

14 entity achieved such goals; and 

15 (iv) the average length of time taken by 

16 a covered veteran who received such services 

17 and assistance to successfully obtain suit18 able housing and the average retention rate 

19 of such a veteran in such housing; and 

20 (F) to meet such other requirements as the 

21 Secretary considers appropriate for purposes of 

22 providing assistance to covered veterans in ob23 taining suitable housing; and 

24 (2) has demonstrated experience in— 


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1 (A) identifying and serving homeless vet2 erans, especially those who have the greatest dif3 ficulty obtaining suitable housing; 

4 (B) working collaboratively with the De5 partment of Veterans Affairs or the Department 

6 of Housing and Urban Development; 

7 (C) conducting outreach to, and maintain8 ing relationships with, landlords to encourage 

9 and facilitate participation by landlords in sup10 ported housing programs similar to the sup11 ported housing program described in subsection 

12 (a); 

13 (D) mediating disputes between landlords 

14 and veterans receiving assistance under such 

15 supported housing program; and 

16 (E) carrying out such other activities as the 

17 Secretary of Veterans Affairs considers appro18 priate. 

19 (d) CONSULTATION.—In considering entering into con20 tracts or agreements as described in subsection (a), the Sec21 retary of Veterans Affairs shall consult with— 

22 (1) the Secretary of Housing and Urban Devel23 opment; and 


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1 (2) third parties that provide services as part of 

2 the Department of Housing and Urban Development 

3 continuum of care. 

4 (e) TECHNICAL ASSISTANCE FOR COLLABORATING EN5 TITIES.— 

6 (1) IN GENERAL.—The Secretary may provide 

7 training and technical assistance to entities with 

8 whom the Secretary collaborates in the provision of 

9 case management services to veterans as part of the 

10 supported housing program described in subsection 

11 (a). 

12 (2) GRANTS.—The Secretary may provide train13 ing and technical assistance under paragraph (1) 

14 through the award of grants or contracts to appro15 priate public and nonprofit private entities. 

16 (3) FUNDING.—From amounts appropriated or 

17 otherwise made available to the Secretary in the Med18 ical Services account in a year, $500,000 shall be 

19 available to the Secretary in that year to carry out 

20 this subsection. 

21 (f) ANNUAL REPORT.— 

22 (1) IN GENERAL.—Not later than 545 days after 

23 the date of the enactment of this Act and not less fre24 quently than once each year thereafter, the Secretary 

25 of Veterans Affairs shall submit to Congress a report 


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1 on the collaboration between the Secretary and eligi2 ble entities in the provision of case management serv3 ices as described in subsection (a) during the most re4 cently completed fiscal year. 

5 (2) ELEMENTS.—Each report required by para6 graph (1) shall include, for the period covered by the 

7 report, the following: 

8 (A) A discussion of each case in which a 

9 contract or agreement described in subsection (a) 

10 was considered by the Secretary, including a de11 scription of whether or not and why the Sec12 retary chose or did not choose to enter into such 

13 contract or agreement. 

14 (B) The number and types of eligible enti15 ties with whom the Secretary has entered into a 

16 contract or agreement as described in subsection 

17 (a). 

18 (C) A description of the geographic regions 

19 in which such entities provide case management 

20 services as described in such subsection. 

21 (D) A description of the number and types 

22 of covered veterans who received case manage23 ment services from such entities under such con24 tracts or agreements. 


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1 (E) An assessment of the performance of 

2 each eligible entity with whom the Secretary en3 tered into a contract or agreement as described 

4 in subsection (a). 

5 (F) An assessment of the benefits to covered 

6 veterans of such contracts and agreements. 

7 (G) A discussion of the benefits of increas8 ing the ratio of case managers to recipients of 

9 vouchers under the supported housing program 

10 described in such subsection to veterans who re11 side in rural areas. 

12 (H) Such recommendations for legislative or 

13 administrative action as the Secretary considers 

14 appropriate for the improvement of collaboration 

15 in the provision of case management services 

16 under such supported housing program. 

17 TITLE III—HOUSING MATTERS 

18 SEC. 301. SHORT TITLE. 

19 This title may be cited as the ‘‘Andrew Connolly Vet20 erans’ Housing Act’’. 


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1 SEC. 302. EXTENDED PERIOD OF PROTECTIONS FOR MEM2 BERS OF UNIFORMED SERVICES RELATING 

3 TO MORTGAGES, MORTGAGE FORECLOSURE, 

4 AND EVICTION. 

5 (a) STAY OF PROCEEDINGS AND PERIOD OF ADJUST6 MENT OF OBLIGATIONS RELATING TO REAL OR PERSONAL

7 PROPERTY.—Section 303(b) of the Servicemembers Civil 

8 Relief Act (50 U.S.C. App. 533(b)) is amended by striking 

9 ‘‘within 9 months’’ and inserting ‘‘within 12 months’’. 

10 (b) PERIOD OF RELIEF FROM SALE, FORECLOSURE, 

11 OR SEIZURE.—Section 303(c) of such Act (50 U.S.C. App. 

12 533(c)) is amended by striking ‘‘within 9 months’’ and in13 serting ‘‘within 12 months’’. 

14 (c) REPORT.— 

15 (1) IN GENERAL.—Not later than 540 days after 

16 the date of the enactment of this Act, the Comptroller 

17 General of the United States shall submit to Congress 

18 a report on the protections provided under section 303 

19 of such Act (50 U.S.C. App 533) during the five-year 

20 period ending on the date of the enactment of this 

21 Act. 

22 (2) ELEMENTS.—The report required by para23 graph (1) shall include, for the period described in 

24 such paragraph, the following: 


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1 (A) An assessment of the effects of such sec2 tion on the long-term financial well-being of 

3 servicemembers and their families. 

4 (B) The number of servicemembers who 

5 faced foreclosure during a 90-day period, 270- 

6 day period, or 365-day period beginning on the 

7 date on which the servicemembers completed a 

8 period of military service. 

9 (C) The number of servicemembers who ap10 plied for a stay or adjustment under subsection 

11 (b) of such section. 

12 (D) A description and assessment of the ef13 fect of applying for a stay or adjustment under 

14 such subsection on the financial well-being of the 

15 servicemembers who applied for such a stay or 

16 adjustment. 

17 (E) An assessment of the Secretary of De18 fense’s partnerships with public and private sec19 tor entities and recommendations on how the 

20 Secretary should modify such partnerships to 

21 improve financial education and counseling for 

22 servicemembers in order to assist them in achiev23 ing long-term financial stability. 

24 (3) PERIOD OF MILITARY SERVICE AND SERVICE25 MEMBER DEFINED.—In this subsection, the terms ‘‘peVerDate Mar 15 2010 23:55 Oct 11, 2011 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6203 E:\BILLS\S914.RS S914

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1 riod of military service’’ and ‘‘servicemember’’ have 

2 the meanings given such terms in section 101 of such 

3 Act (50 U.S.C. App. 511). 

4 SEC. 303. OCCUPANCY OF PROPERTY BY DEPENDENT CHILD 

5 OF VETERAN FOR PURPOSES OF MEETING OC6 CUPANCY REQUIREMENT FOR DEPARTMENT 

7 OF VETERANS AFFAIRS HOUSING LOANS. 

8 Paragraph (2) of section 3704(c) is amended to read 

9 as follows: 

10 ‘‘(2) In any case in which a veteran is in active-duty 

11 status as a member of the Armed Forces and is unable to 

12 occupy a property because of such status, the occupancy re13 quirements of this chapter shall be considered to be satisfied 

14 if— 

15 ‘‘(A) the spouse of the veteran occupies or intends 

16 to occupy the property as a home and the spouse 

17 makes the certification required by paragraph (1) of 

18 this subsection; or 

19 ‘‘(B) a dependent child of the veteran occupies or 

20 will occupy the property as a home and the veteran’s 

21 attorney-in-fact or legal guardian of the dependent 

22 child makes the certification required by paragraph 

23 (1) of this subsection.’’. 


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1 SEC. 304. WAIVER OF LOAN FEE FOR INDIVIDUALS WITH 

2 DISABILITY RATINGS ISSUED DURING PRE3 DISCHARGE PROGRAMS. 

4 Paragraph (2) of section 3729(c) is amended to read 

5 as follows: 

6 ‘‘(2)(A) A veteran described in subparagraph (B) shall 

7 be treated as receiving compensation for purposes of this 

8 subsection as of the date of the rating described in such sub9 paragraph without regard to whether an effective date of 

10 the award of compensation is established as of that date. 

11 ‘‘(B) A veteran described in this subparagraph is a 

12 veteran who is rated eligible to receive compensation— 

13 ‘‘(i) as the result of a pre-discharge disability ex14 amination and rating; or 

15 ‘‘(ii) based on a pre-discharge review of existing 

16 medical evidence (including service medical and 

17 treatment records) that results in the issuance of a 

18 memorandum rating.’’. 

19 SEC. 305. IMPROVEMENTS TO ASSISTANCE FOR DISABLED 

20 VETERANS RESIDING IN HOUSING OWNED BY 

21 A FAMILY MEMBER. 

22 (a) INCREASED ASSISTANCE.—Subsection (b) of sec23 tion 2102A is amended— 

24 (1) in paragraph (1), by striking ‘‘$14,000’’ and 

25 inserting ‘‘$28,000’’; and 


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1 (2) in paragraph (2), by striking ‘‘$2,000’’ and 

2 inserting ‘‘$5,000’’. 

3 (b) INDEXING OF LEVELS OF ASSISTANCE.—Such sub4 section is further amended— 

5 (1) by redesignating paragraphs (1) and (2) as 

6 subparagraphs (A) and (B), respectively; 

7 (2) in the matter before subparagraph (A), as re8 designated by paragraph (1), by inserting ‘‘(1)’’ be9 fore ‘‘The’’; and 

10 (3) by adding at the end the following new para11 graph (2): 

12 ‘‘(2) Effective on October 1 of each year (beginning in 

13 2012), the Secretary shall use the same percentage cal14 culated pursuant to section 2102(e) of this title to increase 

15 the amounts described in paragraph (1) of this subsection.’’. 

16 (c) EXTENSION OF AUTHORITY FOR ASSISTANCE.— 

17 Subsection (e) of such section is amended by striking ‘‘De18 cember 31, 2011’’ and inserting ‘‘December 31, 2021’’. 

19 (d) EFFECTIVE DATE.—The amendments made by this 

20 section shall take effect on the date of the enactment of this 

21 Act and shall apply with respect to payments made in ac22 cordance with section 2102A of title 38, United States Code, 

23 on or after that date. 


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1 SEC. 306. EXPANSION OF ELIGIBILITY FOR SPECIALLY 

2 ADAPTED HOUSING ASSISTANCE FOR VET3 ERANS WITH VISION IMPAIRMENT. 

4 (a) IN GENERAL.—Paragraph (2) of section 2101(b) 

5 is amended to read as follows: 

6 ‘‘(2) A veteran is described in this paragraph if the 

7 veteran is entitled to compensation under chapter 11 of this 

8 title for a service-connected disability that meets any of the 

9 following criteria: 

10 ‘‘(A) The disability is due to blindness in both 

11 eyes, having central visual acuity of 20/200 or less in 

12 the better eye with the use of a standard correcting 

13 lens. For the purposes of this subparagraph, an eye 

14 with a limitation in the fields of vision such that the 

15 widest diameter of the visual field subtends an angle 

16 no greater than 20 degrees shall be considered as hav17 ing a central visual acuity of 20/200 or less. 

18 ‘‘(B) A permanent and total disability that in19 cludes the anatomical loss or loss of use of both hands. 

20 ‘‘(C) A permanent and total disability that is 

21 due to a severe burn injury (as so determined).’’. 

22 (b) EFFECTIVE DATE.—The amendment made by sub23 section (a) shall take effect on October 1, 2012. 


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1 SEC. 307. REVISED LIMITATIONS ON ASSISTANCE FUR2 NISHED FOR ACQUISITION AND ADAPTATION 

3 OF HOUSING FOR DISABLED VETERANS. 

4 Section 2102(d) is amended— 

5 (1) in paragraph (1), by striking ‘‘under sections 

6 2101(a) and 2102A’’ and inserting ‘‘under section 

7 2101(a)’’; and 

8 (2) in paragraph (2), by striking ‘‘under sections 

9 2101(b) and 2102A’’ and inserting ‘‘under section 

10 2101(b)’’. 

11 TITLE IV—COMPENSATION AND 

12 PENSION MATTERS 

13 SEC. 401. INCREASE IN RATE OF PENSION FOR DISABLED 

14 VETERANS MARRIED TO ONE ANOTHER AND 

15 BOTH OF WHOM REQUIRE REGULAR AID AND 

16 ATTENDANCE. 

17 (a) IN GENERAL.—Section 1521(f)(2) is amended by 

18 striking ‘‘$30,480’’ and inserting ‘‘$31,305’’. 

19 (b) EFFECTIVE DATE.—The amendment made by sub20 section (a) shall take effect on the date of the enactment 

21 of this Act. 

22 SEC. 402. AUTHORITY FOR RETROACTIVE EFFECTIVE DATE 

23 FOR AWARDS OF DISABILITY COMPENSATION 

24 IN CONNECTION WITH APPLICATIONS THAT 

25 ARE FULLY-DEVELOPED AT SUBMITTAL. 

26 Section 5110(b) is amended— 


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1 (1) by redesignating paragraphs (2) and (3) as 

2 paragraphs (3) and (4), respectively; and 

3 (2) by inserting after paragraph (1) the fol4 lowing new paragraph (2): 

5 ‘‘(2)(A) The effective date of an award of disability 

6 compensation to a veteran who submits an application 

7 therefor that sets forth a claim that is fully-developed (as 

8 prescribed by the Secretary for purposes of this paragraph) 

9 as of the date of submittal shall be fixed in accordance with 

10 the facts found, but shall not be earlier than the date that 

11 is one year before the date of receipt of the application. 

12 ‘‘(B) Subparagraph (A) shall take effect on the date 

13 of the enactment of this paragraph and shall not apply with 

14 respect to claims filed after September 30, 2012.’’. 

15 SEC. 403. MODIFICATION OF MONTH OF DEATH BENEFIT 

16 FOR SURVIVING SPOUSES OF VETERANS WHO 

17 DIE WHILE ENTITLED TO COMPENSATION OR 

18 PENSION. 

19 (a) SURVIVING SPOUSE BENEFIT FOR MONTH OF VET20 ERAN’S DEATH.—Subsections (a) and (b) of section 5310 

21 are amended to read as follows: 

22 ‘‘(a) IN GENERAL.—(1) A surviving spouse of a vet23 eran is entitled to a benefit for the month of the veteran’s 

24 death if— 


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1 ‘‘(A) at the time of the veteran’s death, the vet2 eran was receiving compensation or pension under 

3 chapter 11 or 15 of this title; or 

4 ‘‘(B) the veteran is determined for purposes of 

5 section 5121 or 5121A of this title as having been en6 titled to receive compensation or pension under chap7 ter 11 or 15 of this title for the month of the veteran’s 

8 death. 

9 ‘‘(2) The amount of the benefit under paragraph (1) 

10 is the amount that the veteran would have received under 

11 chapter 11 or 15 of this title, as the case may be, for the 

12 month of the veteran’s death had the veteran not died. 

13 ‘‘(b) CLAIMS PENDING ADJUDICATION.—If a claim for 

14 entitlement to compensation or additional compensation 

15 under chapter 11 of this title or pension or additional pen16 sion under chapter 15 of this title is pending at the time 

17 of a veteran’s death and the check or other payment issued 

18 to the veteran’s surviving spouse under subsection (a) is less 

19 than the amount of the benefit the veteran would have been 

20 entitled to for the month of death pursuant to the adjudica21 tion of the pending claim, an amount equal to the difference 

22 between the amount to which the veteran would have been 

23 entitled to receive under chapter 11 or 15 of this title for 

24 the month of the veteran’s death had the veteran not died 

25 and the amount of the check or other payment issued to 


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1 the surviving spouse shall be treated in the same manner 

2 as an accrued benefit under section 5121 of this title.’’. 

3 (b) MONTH OF DEATH BENEFIT EXEMPT FROM DE4 LAYED COMMENCEMENT OF PAYMENT.—Section 5111(c)(1) 

5 is amended by striking ‘‘apply to’’ and all that follows 

6 through ‘‘death occurred’’ and inserting the following: ‘‘not 

7 apply to payments made pursuant to section 5310 of this 

8 title’’. 

9 (c) EFFECTIVE DATE.—The amendments made by this 

10 section shall take effect on the date of the enactment of this 

11 Act, and shall apply with respect to deaths that occur on 

12 or after that date. 

13 SEC. 404. AUTOMATIC WAIVER OF AGENCY OF ORIGINAL JU14 RISDICTION REVIEW OF NEW EVIDENCE. 

15 (a) IN GENERAL.—Section 7105 is amended by adding 

16 at the end the following new subsection: 

17 ‘‘(e)(1) If, either at the time or after the agency of 

18 original jurisdiction receives a substantive appeal, the 

19 claimant or the claimant’s representative, if any, submits 

20 evidence to either the agency of original jurisdiction or the 

21 Board of Veterans’ Appeals for consideration in connection 

22 with the issue or issues with which disagreement has been 

23 expressed, such evidence shall be subject to initial review 

24 by the Board unless the claimant or the claimant’s rep25 resentative, as the case may be, requests in writing that 


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1 the agency of original jurisdiction initially review such evi2 dence. 

3 ‘‘(2) A request for review of evidence under paragraph 

4 (1) shall accompany the submittal of the evidence.’’. 

5 (b) EFFECTIVE DATE.—Subsection (e) of such section, 

6 as added by subsection (a), shall take effect on the date that 

7 is 180 days after the date of the enactment of this Act, and 

8 shall apply with respect to claims for which a substantive 

9 appeal is filed on or after the date that is 180 days after 

10 the date of the enactment of this Act. 

11 TITLE V—MEMORIAL, BURIAL, 

12 AND CEMETERY MATTERS 

13 SEC. 501. PROHIBITION ON DISRUPTIONS OF FUNERALS OF 

14 MEMBERS OR FORMER MEMBERS OF THE 

15 ARMED FORCES. 

16 (a) PURPOSE AND AUTHORITY.— 

17 (1) PURPOSE.—The purpose of this section is to 

18 provide necessary and proper support for the recruit19 ment and retention of the Armed Forces and militia 

20 employed in the service of the United States by pro21 tecting the dignity of the service of the members of 

22 such Forces and militia, and by protecting the pri23 vacy of their immediate family members and other 

24 attendees during funeral services for such members. 


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1 (2) CONSTITUTIONAL AUTHORITY.—Congress 

2 finds that this section is a necessary and proper exer3 cise of its powers under the Constitution, article I, 

4 section 8, paragraphs 1, 12, 13, 14, 16 and 18, to 

5 provide for the common defense, raise and support ar6 mies, provide and maintain a navy, make rules for 

7 the government and regulation of the land and naval 

8 forces, and provide for organizing and governing such 

9 part of the militia as may be employed in the service 

10 of the United States. 

11 (b) AMENDMENT TO TITLE 18.—Section 1388 of title 

12 18, United States Code, is amended to read as follows: 

13 ‘‘§ 1388. Prohibition on disruptions of funerals of 

14 members or former members of the Armed 

15 Forces 

16 ‘‘(a) PROHIBITION.—For any funeral of a member or 

17 former member of the Armed Forces that is not located at 

18 a cemetery under the control of the National Cemetery Ad19 ministration or part of Arlington National Cemetery, it 

20 shall be unlawful for any person to engage in an activity 

21 during the period beginning 120 minutes before and ending 

22 120 minutes after such funeral, any part of which activ23 ity— 


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1 ‘‘(1)(A) takes place within the boundaries of the 

2 location of such funeral or takes place within 300 feet 

3 of the point of the intersection between— 

4 ‘‘(i) the boundary of the location of such fu5 neral; and 

6 ‘‘(ii) a road, pathway, or other route of in7 gress to or egress from the location of such fu8 neral; and 

9 ‘‘(B) includes any individual willfully making 

10 or assisting in the making of any noise or diver11 sion— 

12 ‘‘(i) that is not part of such funeral and 

13 that disturbs or tends to disturb the peace or 

14 good order of such funeral; and 

15 ‘‘(ii) with the intent of disturbing the peace 

16 or good order of such funeral; 

17 ‘‘(2)(A) is within 500 feet of the boundary of the 

18 location of such funeral; and 

19 ‘‘(B) includes any individual— 

20 ‘‘(i) willfully and without proper authoriza21 tion impeding or tending to impede the access to 

22 or egress from such location; and 

23 ‘‘(ii) with the intent to impede the access to 

24 or egress from such location; or 


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1 ‘‘(3) is on or near the boundary of the residence, 

2 home, or domicile of any surviving member of the de3 ceased person’s immediate family and includes any 

4 individual willfully making or assisting in the mak5 ing of any noise or diversion— 

6 ‘‘(A) that disturbs or tends to disturb the 

7 peace of the persons located at such location; and 

8 ‘‘(B) with the intent of disturbing such 

9 peace. 

10 ‘‘(b) PENALTY.—Any person who violates subsection 

11 (a) shall be fined under this title or imprisoned for not more 

12 than 1 year, or both. 

13 ‘‘(c) CIVIL REMEDIES.— 

14 ‘‘(1) DISTRICT COURTS.—The district courts of 

15 the United States shall have jurisdiction— 

16 ‘‘(A) to prevent and restrain violations of 

17 this section; and 

18 ‘‘(B) for the adjudication of any claims for 

19 relief under this section. 

20 ‘‘(2) ATTORNEY GENERAL.—The Attorney Gen21 eral may institute proceedings under this section. 

22 ‘‘(3) CLAIMS.—Any person, including a sur23 viving member of the deceased person’s immediate 

24 family, who suffers injury as a result of conduct that 

25 violates this section may— 


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1 ‘‘(A) sue therefor in any appropriate 

2 United States district court or in any court of 

3 competent jurisdiction; and 

4 ‘‘(B) recover damages as provided in sub5 section (d) and the cost of the suit, including 

6 reasonable attorneys’ fees. 

7 ‘‘(4) ESTOPPEL.—A final judgment or decree 

8 rendered in favor of the United States in any crimi9 nal proceeding brought by the United States under 

10 this section shall estop the defendant from denying the 

11 essential allegations of the criminal offense in any 

12 subsequent civil proceeding brought by a person or by 

13 the United States. 

14 ‘‘(d) ACTUAL AND STATUTORY DAMAGES.— 

15 ‘‘(1) IN GENERAL.—In addition to any penalty 

16 imposed under subsection (b), a violator of this sec17 tion is liable in an action under subsection (c) for ac18 tual or statutory damages as provided in this sub19 section. 

20 ‘‘(2) ACTIONS BY PRIVATE PERSONS.—A person 

21 bringing an action under subsection (c)(3) may elect, 

22 at any time before final judgment is rendered, to re23 cover the actual damages suffered by him or her as 

24 a result of the violation or, instead of actual damages, 


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1 an award of statutory damages for each violation in2 volved in the action. 

3 ‘‘(3) ACTIONS BY ATTORNEY GENERAL.—In any 

4 action under subsection (c)(2), the Attorney General 

5 is entitled to recover an award of statutory damages 

6 for each violation involved in the action notwith7 standing any recovery under subsection (c)(3). 

8 ‘‘(4) STATUTORY DAMAGES.—A court may 

9 award, as the court considers just, statutory damages 

10 in a sum of not less than $25,000 or more than 

11 $50,000 per violation. 

12 ‘‘(e) REBUTTABLE PRESUMPTION.—It shall be a rebut13 table presumption that the violation was committed will14 fully for purposes of determining relief under this section 

15 if the violator, or a person acting in concert with the viola16 tor, did not have reasonable grounds to believe, either from 

17 the attention or publicity sought by the violator or other 

18 circumstance, that the conduct of such violator or person 

19 would not disturb or tend to disturb the peace or good order 

20 of such funeral, impede or tend to impede the access to or 

21 egress from such funeral, or disturb or tend to disturb the 

22 peace of any surviving member of the deceased person’s im23 mediate family who may be found on or near the residence, 

24 home, or domicile of the deceased person’s immediate family 

25 on the date of the service or ceremony. 


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1 ‘‘(f) DEFINITIONS.—In this section— 

2 ‘‘(1) the term ‘Armed Forces’ has the meaning 

3 given the term in section 101 of title 10 and includes 

4 members and former members of the National Guard 

5 who were employed in the service of the United 

6 States; and 

7 ‘‘(2) the term ‘immediate family’ means, with re8 spect to a person, the immediate family members of 

9 such person, as such term is defined in section 115 

10 of this title.’’. 

11 (c) AMENDMENT TO TITLE 38.— 

12 (1) IN GENERAL.—Section 2413 is amended to 

13 read as follows: 

14 ‘‘§ 2413. Prohibition on certain demonstrations and 

15 disruptions at cemeteries under control of 

16 the National Cemetery Administration 

17 and at Arlington National Cemetery 

18 ‘‘(a) PROHIBITION.—It shall be unlawful for any per19 son— 

20 ‘‘(1) to carry out a demonstration on the prop21 erty of a cemetery under the control of the National 

22 Cemetery Administration or on the property of Ar23 lington National Cemetery unless the demonstration 

24 has been approved by the cemetery superintendent or 


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1 the director of the property on which the cemetery is 

2 located; or 

3 ‘‘(2) with respect to such a cemetery, to engage 

4 in a demonstration during the period beginning 120 

5 minutes before and ending 120 minutes after a fu6 neral, memorial service, or ceremony is held, any part 

7 of which demonstration— 

8 ‘‘(A)(i) takes place within the boundaries of 

9 such cemetery or takes place within 300 feet of 

10 the point of the intersection between— 

11 ‘‘(I) the boundary of such cemetery; 

12 and 

13 ‘‘(II) a road, pathway, or other route 

14 of ingress to or egress from such cemetery; 

15 and 

16 ‘‘(ii) includes any individual willfully mak17 ing or assisting in the making of any noise or 

18 diversion— 

19 ‘‘(I) that is not part of such funeral, 

20 memorial service, or ceremony and that dis21 turbs or tends to disturb the peace or good 

22 order of such funeral, memorial service, or 

23 ceremony; and 


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1 ‘‘(II) with the intent of disturbing the 

2 peace or good order of such funeral, memo3 rial service, or ceremony; or 

4 ‘‘(B)(i) is within 500 feet of the boundary 

5 of such cemetery; and 

6 ‘‘(ii) includes any individual— 

7 ‘‘(I) willfully and without proper au8 thorization impeding or tending to impede 

9 the access to or egress from such cemetery; 

10 and 

11 ‘‘(II) with the intent to impede the ac12 cess to or egress from such cemetery. 

13 ‘‘(b) PENALTY.—Any person who violates subsection 

14 (a) shall be fined under title 18 or imprisoned for not more 

15 than one year, or both. 

16 ‘‘(c) CIVIL REMEDIES.—(1) The district courts of the 

17 United States shall have jurisdiction— 

18 ‘‘(A) to prevent and restrain violations of this 

19 section; and 

20 ‘‘(B) for the adjudication of any claims for relief 

21 under this section. 

22 ‘‘(2) The Attorney General of the United States may 

23 institute proceedings under this section. 


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1 ‘‘(3) Any person, including a surviving member of the 

2 deceased person’s immediate family, who suffers injury as 

3 a result of conduct that violates this section may— 

4 ‘‘(A) sue therefor in any appropriate United 

5 States district court or in any court of competent ju6 risdiction; and 

7 ‘‘(B) recover damages as provided in subsection 

8 (d) and the cost of the suit, including reasonable at9 torneys’ fees. 

10 ‘‘(4) A final judgment or decree rendered in favor of 

11 the United States in any criminal proceeding brought by 

12 the United States under this section shall estop the defend13 ant from denying the essential allegations of the criminal 

14 offense in any subsequent civil proceeding brought by a per15 son or by the United States. 

16 ‘‘(d) ACTUAL AND STATUTORY DAMAGES.—(1) In ad17 dition to any penalty imposed under subsection (b), a viola18 tor of this section is liable in an action under subsection 

19 (c) for actual or statutory damages as provided in this sub20 section. 

21 ‘‘(2) A person bringing an action under subsection 

22 (c)(3) may elect, at any time before final judgment is ren23 dered, to recover the actual damages suffered by him or her 

24 as a result of the violation or, instead of actual damages, 


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1 an award of statutory damages for each violation involved 

2 in the action. 

3 ‘‘(3) In any action brought under subsection (c)(2), the 

4 Attorney General is entitled to recover an award of statu5 tory damages for each violation involved in the action not6 withstanding any recovery under subsection (c)(3). 

7 ‘‘(4) A court may award, as the court considers just, 

8 statutory damages in a sum of not less than $25,000 or 

9 more than $50,000 per violation. 

10 ‘‘(e) REBUTTABLE PRESUMPTION.—It shall be a rebut11 table presumption that the violation of subsection (a) was 

12 committed willfully for purposes of determining relief under 

13 this section if the violator, or a person acting in concert 

14 with the violator, did not have reasonable grounds to be15 lieve, either from the attention or publicity sought by the 

16 violator or other circumstance, that the conduct of such vio17 lator or person would not— 

18 ‘‘(1) disturb or tend to disturb the peace or good 

19 order of such funeral, memorial service, or ceremony; 

20 or 

21 ‘‘(2) impede or tend to impede the access to or 

22 egress from such funeral, memorial service, or cere23 mony. 

24 ‘‘(f) DEFINITIONS.—In this section— 

25 ‘‘(1) the term ‘demonstration’ includes— 


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1 ‘‘(A) any picketing or similar conduct; 

2 ‘‘(B) any oration, speech, use of sound am3 plification equipment or device, or similar con4 duct that is not part of a funeral, memorial serv5 ice, or ceremony; 

6 ‘‘(C) the display of any placard, banner, 

7 flag, or similar device, unless such a display is 

8 part of a funeral, memorial service, or ceremony; 

9 and 

10 ‘‘(D) the distribution of any handbill, pam11 phlet, leaflet, or other written or printed matter 

12 other than a program distributed as part of a fu13 neral, memorial service, or ceremony; and 

14 ‘‘(2) the term ‘immediate family’ means, with re15 spect to a person, the immediate family members of 

16 such person, as such term is defined in section 115 

17 of title 18.’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of chapter 24 is amended by 

20 striking the item relating to section 2413 and insert21 ing 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.’’. 


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1 SEC. 502. CODIFICATION OF PROHIBITION AGAINST RES2 ERVATION OF GRAVESITES AT ARLINGTON 

3 NATIONAL CEMETERY. 

4 (a) IN GENERAL.—Chapter 24 is amended by insert5 ing after section 2410 the following new section: 

6 ‘‘§ 2410A. Arlington National Cemetery: other admin7 istrative matters 

8 ‘‘(a) ONE GRAVESITE.—(1) Not more than one 

9 gravesite may be provided at Arlington National Cemetery 

10 to a veteran or member of the Armed Forces who is eligible 

11 for interment or inurnment at such cemetery. 

12 ‘‘(2) The Secretary of the Army may waive the prohi13 bition in paragraph (1) as the Secretary of the Army con14 siders appropriate. 

15 ‘‘(b) PROHIBITION AGAINST RESERVATION OF

16 GRAVESITES.—A gravesite at Arlington National Cemetery 

17 may not be reserved for an individual before the death of 

18 such individual.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections at 

20 the beginning of such chapter is amended by inserting after 

21 the item relating to section 2410 the following new item: 

‘‘2410A. Arlington National Cemetery: other administrative matters.’’. 

22 (c) APPLICABILITY.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), section 2410A of title 38, United States 

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1 spect to all interments at Arlington National Ceme2 tery after the date of the enactment of this Act. 

3 (2) EXCEPTION.—Subsection (b) of such section, 

4 as so added, shall not apply with respect to the inter5 ment of an individual for whom a request for a re6 served gravesite was approved by the Secretary of the 

7 Army before January 1, 1962. 

8 (d) REPORT.— 

9 (1) IN GENERAL.—Not later than 180 days after 

10 the date of the enactment of this Act, the Secretary of 

11 the Army shall submit to Congress a report on res12 ervations made for interment at Arlington National 

13 Cemetery. 

14 (2) ELEMENTS.—The report required by para15 graph (1) shall include the following: 

16 (A) The number of requests for reservation 

17 of a gravesite at Arlington National Cemetery 

18 that were submitted to the Secretary of the Army 

19 before January 1, 1962. 

20 (B) The number of gravesites at such ceme21 tery that, on the day before the date of the enact22 ment of this Act, were reserved in response to 

23 such requests. 


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1 (C) The number of such gravesites that, on 

2 the day before the date of the enactment of this 

3 Act, were unoccupied. 

4 (D) A list of all reservations for gravesites 

5 at such cemetery that were extended by individ6 uals responsible for management of such ceme7 tery in response to requests for such reservations 

8 made on or after January 1, 1962. 

9 (E) A description of the measures that the 

10 Secretary is taking to improve the accountability 

11 and transparency of the management of gravesite 

12 reservations at Arlington National Cemetery. 

13 (F) Such recommendations as the Secretary 

14 may have for legislative action as the Secretary 

15 considers necessary to improve such account16 ability and transparency. 

17 SEC. 503. EXPANSION OF ELIGIBILITY FOR PRESIDENTIAL 

18 MEMORIAL CERTIFICATES TO PERSONS WHO 

19 DIED IN THE ACTIVE MILITARY, NAVAL, OR 

20 AIR SERVICE. 

21 Section 112(a) is amended— 

22 (1) by inserting ‘‘and persons who died in the 

23 active military, naval, or air service,’’ after ‘‘under 

24 honorable conditions,’’; and 


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1 (2) by striking ‘‘veteran’s’’ and inserting ‘‘de2 ceased individual’s’’. 

3 TITLE VI—CONSTRUCTION 

4 MATTERS 

5 SEC. 601. AUTHORIZATION OF FISCAL YEAR 2012 MAJOR 

6 MEDICAL FACILITY PROJECTS. 

7 The Secretary of Veterans Affairs may carry out the 

8 following major medical facility projects in fiscal year 

9 2012, with each project to be carried out in the amount 

10 specified for each project: 

11 (1) Construction of seismic corrections for Build12 ing 100 at the Department of Veterans Affairs Med13 ical Center in Seattle, Washington, in an amount not 

14 to exceed $51,800,000. 

15 (2) Construction of seismic corrections and ren16 ovation of various buildings to include Building 209 

17 for housing facilities for homeless veterans at the De18 partment of Veterans Affairs Medical Center in West 

19 Los Angeles, California, in an amount not to exceed 

20 $35,500,000. 

21 SEC. 602. MODIFICATION OF AUTHORIZATION FOR CERTAIN 

22 MAJOR MEDICAL FACILITY CONSTRUCTION 

23 PROJECTS PREVIOUSLY AUTHORIZED. 

24 (a) MODIFICATION OF AUTHORIZATION OF FISCAL

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1 PARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN

2 FAYETTEVILLE, ARKANSAS.—Section 803(3) of the Veterans 

3 Benefits, Health Care, and Information Technology Act of 

4 2006 (Public Law 109–461) is amended— 

5 (1) by inserting ‘‘and a parking garage’’ after 

6 ‘‘clinical addition’’; and 

7 (2) by striking ‘‘$56,163,000’’ and inserting 

8 ‘‘$90,600,000’’. 

9 (b) MODIFICATION OF EXTENSION OF AUTHORIZATION

10 FOR MAJOR MEDICAL FACILITY CONSTRUCTION PROJECT

11 IN ORLANDO, FLORIDA, PREVIOUSLY AUTHORIZED IN CON12 NECTION WITH CAPITAL ASSET REALIGNMENT INITIA13 TIVE.—Section 802(11) of the Veterans Benefits, Health 

14 Care, and Information Technology Act of 2006 (Public Law 

15 109–461), as amended by section 702(b)(4) of the Veterans’ 

16 Mental Health and Other Care Improvements Act of 2008 

17 (Public Law 110–387; 122 Stat. 4137), is amended by in18 serting ‘‘, including a Simulation, Learning, Education, 

19 and Research Network Center,’’ after ‘‘Florida, area’’. 

20 (c) INCREASE IN AMOUNT OF AUTHORIZATION OF FIS21 CAL YEAR 2008 MAJOR MEDICAL FACILITY PROJECT AT

22 DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN

23 PALO ALTO, CALIFORNIA.—The Secretary of Veterans Af24 fairs may carry out the major medical facility project at 

25 the Department of Veterans Affairs Medical Center in Palo, 


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1 Alto, California, for which amounts were appropriated 

2 under chapter 3 of title I of the Supplemental Appropria3 tions Act, 2008 (Public Law 110–252; 122 Stat. 2326) 

4 under the heading ‘‘CONSTRUCTION, MAJOR PROJECTS’’ 

5 under the heading ‘‘DEPARTMENT OF VETERANS AF6 FAIRS’’ in an amount not to exceed $716,600,000. 

7 (d) INCREASE IN AMOUNT OF AUTHORIZATION OF FIS8 CAL YEAR 2009 MAJOR MEDICAL FACILITY PROJECT AT

9 DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, 

10 SAN JUAN, PUERTO RICO.—Section 701(3) of the Veterans’ 

11 Mental Health and Other Care Improvements Act of 2008 

12 (Public Law 110–387; 122 Stat. 4137) is amended by strik13 ing ‘‘$225,900,000’’ and inserting ‘‘$277,000,000’’. 

14 (e) INCREASE IN AMOUNT OF AUTHORIZATION OF FIS15 CAL YEAR 2007 MAJOR MEDICAL FACILITY PROJECT AT

16 DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, 

17 ST. LOUIS, MISSOURI.—Section 803(5) of the Veterans Ben18 efits, Health Care, and Information Technology Act of 2006 

19 (Public Law 109–461) is amended by striking 

20 ‘‘$69,053,000’’ and inserting ‘‘$346,300,000’’. 

21 SEC. 603. AUTHORIZATION OF FISCAL YEAR 2012 MAJOR 

22 MEDICAL FACILITY LEASES. 

23 The Secretary of Veterans Affairs may carry out the 

24 following fiscal year 2012 major medical facility leases at 


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1 the locations specified, in an amount not to exceed the 

2 amount shown for each such location: 

3 (1) Columbus, Georgia, Community Based Out4 patient Clinic, in an amount not to exceed 

5 $5,335,000. 

6 (2) Fort Wayne, Indiana, Outpatient Clinic, in 

7 an amount not to exceed $2,845,000. 

8 (3) Mobile, Alabama, Outpatient Clinic, in an 

9 amount not to exceed $6,565,000. 

10 (4) Rochester, New York, Outpatient Clinic, in 

11 an amount not to exceed $9,232,000. 

12 (5) Salem, Oregon, Community Based Out13 patient Clinic, in an amount not to exceed 

14 $2,549,000. 

15 (6) San Jose, California, Outpatient Clinic, in 

16 an amount not to exceed $9,546,000. 

17 (7) South Bend, Indiana, Outpatient Clinic, in 

18 an amount not to exceed $6,731,000. 

19 (8) Springfield, Missouri, Community Based 

20 Outpatient Clinic, in an amount not to exceed 

21 $6,489,000. 

22 SEC. 604. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) AUTHORIZATION OF APPROPRIATIONS FOR CON24 STRUCTION.—There is authorized to be appropriated to the 

25 Secretary of Veterans Affairs for fiscal year 2012 or the 


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1 year in which funds are appropriated for the Construction, 

2 Major Projects, account— 

3 (1) $87,300,000 for the projects authorized in 

4 section 601; and 

5 (2) $850,070,000 for the increased amounts au6 thorized for projects whose authorizations are modi7 fied by section 602. 

8 (b) AUTHORIZATION OF APPROPRIATIONS FOR MED9 ICAL FACILITY LEASES.—There is authorized to be appro10 priated to the Secretary of Veterans Affairs for fiscal year 

11 2012 or the year in which funds are appropriated for the 

12 Medical Facilities account $49,292,000 for the leases au13 thorized in section 603. 

14 (c) LIMITATION.—The projects authorized in sections 

15 601, 602, and 603 may only be carried out using— 

16 (1) funds appropriated for fiscal year 2012 pur17 suant to the authorization of appropriations in sub18 section (a) of this section; 

19 (2) funds available for Construction, Major 

20 Projects, for a fiscal year before fiscal year 2012 that 

21 remain available for obligation; 

22 (3) funds available for Construction, Major 

23 Projects, for a fiscal year after fiscal year 2012 that 

24 remain available for obligation; 


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1 (4) funds appropriated for Construction, Major 

2 Projects, for fiscal year 2012 for a category of activity 

3 not specific to a project; 

4 (5) funds appropriated for Construction, Major 

5 Projects, for a fiscal year before 2012 for a category 

6 of activity not specific to a project; and 

7 (6) funds appropriated for Construction, Major 

8 Projects, for a fiscal year after 2012 for a category of 

9 activity not specific to a project. 

10 SEC. 605. LIMITATION ON AUTHORITY OF SECRETARY OF 

11 VETERANS AFFAIRS TO USE BID SAVINGS ON 

12 MAJOR MEDICAL FACILITY PROJECTS TO EX13 PAND PURPOSE OF MAJOR MEDICAL FACIL14 ITY PROJECTS. 

15 Section 8104(d)(2) of title 38, United States Code, is 

16 amended by adding at the end the following new subpara17 graph: 

18 ‘‘(C) The Secretary may not obligate an amount under 

19 subparagraph (A) to expand the purpose of a major medical 

20 facility project except pursuant to a provision of law en21 acted after the date on which the Secretary submits to the 

22 committees described in subparagraph (B) notice of the fol23 lowing: 

24 ‘‘(i) The major medical facility project that is 

25 the source of the bid savings. 


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1 ‘‘(ii) The major medical facility project for 

2 which the Secretary intends to expand the purpose. 

3 ‘‘(iii) A description of such expansion of pur4 pose. 

5 ‘‘(iv) The amounts the Secretary intends to obli6 gate to expand the purpose.’’. 

7 SEC. 606. DESIGNATION OF GEORGE H. O’BRIEN, JR., DE8 PARTMENT OF VETERANS AFFAIRS MEDICAL 

9 CENTER. 

10 (a) DESIGNATION.—The Department of Veterans Af11 fairs medical center located in Big Spring, Texas, shall 

12 after the date of the enactment of this Act be known and 

13 designated as the ‘‘George H. O’Brien, Jr., Department of 

14 Veterans Affairs Medical Center’’. 

15 (b) REFERENCES.—Any reference in any law, regula16 tion, map, document, paper, or other record of the United 

17 States to the medical center referred to in subsection (a) 

18 shall be considered to be a reference to the George H. 

19 O’Brien, Jr., Department of Veterans Affairs Medical Cen20 ter. 

21 SEC. 607. DESIGNATION OF MAJOR WILLIAM EDWARD 

22 ADAMS DEPARTMENT OF VETERANS AFFAIRS 

23 CLINIC. 

24 (a) DESIGNATION.—The Department of Veterans Af25 fairs telehealth clinic in Craig, Colorado, shall after the date 


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1 of the enactment of this Act be known and designated as 

2 the ‘‘Major William Edward Adams Department of Vet3 erans Affairs Clinic’’. 

4 (b) REFERENCES.—Any reference in any law, regula5 tion, map, document, paper, or other record of the United 

6 States to the clinic referred to in subsection (a) shall be 

7 considered to be a reference to the Major William Edward 

8 Adams Department of Veterans Affairs Clinic. 

9 TITLE VII—OTHER ADMINISTRA10 TIVE AND BENEFITS MATTERS 

11 SEC. 701. ASSISTANCE TO VETERANS AFFECTED BY NAT12 URAL DISASTERS. 

13 (a) ADDITIONAL GRANTS FOR DISABLED VETERANS

14 FOR SPECIALLY ADAPTED HOUSING.— 

15 (1) IN GENERAL.—Chapter 21 is amended by 

16 adding at the end the following new section: 

17 ‘‘§ 2109. Specially adapted housing destroyed or dam18 aged by natural disasters 

19 ‘‘(a) IN GENERAL.—Notwithstanding the provisions of 

20 section 2102 of this title, the Secretary may award a grant 

21 to a veteran whose home was previously adapted with as22 sistance of a grant under this chapter in the event the 

23 adapted home which was being used and occupied by the 

24 veteran was destroyed or substantially damaged in a nat25 ural or other disaster, as determined by the Secretary. 


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1 ‘‘(b) USE OF FUNDS.—A grant awarded under sub2 section (a) shall be available to acquire a suitable housing 

3 unit with special fixtures or moveable facilities made nec4 essary by the veteran’s disability, and necessary land there5 for. 

6 ‘‘(c) LIMITATIONS.—The amount of the grant awarded 

7 under subsection (a) may not exceed the lesser of— 

8 ‘‘(1) the reasonable cost, as determined by the 

9 Secretary, of repairing or replacing the damaged or 

10 destroyed home in excess of the available insurance 

11 coverage on such home; or 

12 ‘‘(2) the maximum grant amount to which the 

13 veteran would have been entitled under subsection (a) 

14 or (b) of section 2102 of this title had the veteran not 

15 obtained the prior grant.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of such chapter is amended by 

18 inserting after the item relating to section 2108 the 

19 following new item: 

‘‘2109. Specially adapted housing destroyed or damaged by natural disasters.’’. 

20 (b) EXTENSION OF SUBSISTENCE ALLOWANCE FOR

21 VETERANS COMPLETING VOCATIONAL REHABILITATION

22 PROGRAM.—Section 3108(a)(2) is amended— 

23 (1) by inserting ‘‘(A)’’ before ‘‘In’’; and 

24 (2) by adding at the end the following new sub25 paragraph: 


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1 ‘‘(B) In any case in which the Secretary determines 

2 that a veteran described in subparagraph (A) has been dis3 placed as the result of a natural or other disaster while 

4 being paid a subsistence allowance under that subpara5 graph, as determined by the Secretary, the Secretary may 

6 extend the payment of a subsistence allowance under such 

7 subparagraph for up to an additional two months while 

8 the veteran is satisfactorily following a program of employ9 ment services described in such subparagraph.’’. 

10 (c) WAIVER OF LIMITATION ON PROGRAM OF INDE11 PENDENT LIVING SERVICES AND ASSISTANCE.—Section 

12 3120(e) is amended— 

13 (1) by inserting ‘‘(1)’’ before ‘‘Programs’’; and 

14 (2) by adding at the end the following new para15 graph: 

16 ‘‘(2) The limitation in paragraph (1) shall not apply 

17 in any case in which the Secretary determines that a vet18 eran described in subsection (b) has been displaced as the 

19 result of, or has otherwise been adversely affected in the 

20 areas covered by, a natural or other disaster, as determined 

21 by the Secretary.’’. 

22 (d) COVENANTS AND LIENS CREATED BY PUBLIC EN23 TITIES IN RESPONSE TO DISASTER-RELIEF ASSISTANCE.— 

24 Paragraph (3) of section 3703(d) is amended to read as 

25 follows: 


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1 ‘‘(3)(A) Any real estate housing loan (other than for 

2 repairs, alterations, or improvements) shall be secured by 

3 a first lien on the realty. In determining whether a loan 

4 is so secured, the Secretary may either disregard or allow 

5 for subordination to a superior lien created by a duly re6 corded covenant running with the realty in favor of either 

7 of the following: 

8 ‘‘(i) A public entity that has provided or will 

9 provide assistance in response to a major disaster as 

10 determined by the President under the Robert T. Staf11 ford Disaster Relief and Emergency Assistance Act 

12 (42 U.S.C. 5121 et seq.). 

13 ‘‘(ii) A private entity to secure an obligation to 

14 such entity for the homeowner’s share of the costs of 

15 the management, operation, or maintenance of prop16 erty, services, or programs within and for the benefit 

17 of the development or community in which the vet18 eran’s realty is located, if the Secretary determines 

19 that the interests of the veteran borrower and of the 

20 Government will not be prejudiced by the operation of 

21 such covenant. 

22 ‘‘(B) With respect to any superior lien described in 

23 subparagraph (A) created after June 6, 1969, the Sec24 retary’s determination under clause (ii) of such subparaVerDate Mar 15 2010 23:55 Oct 11, 2011 Jkt 019200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6203 E:\BILLS\S914.RS S914

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1 graph shall have been made prior to the recordation of the 

2 covenant.’’. 

3 (e) AUTOMOBILES AND OTHER CONVEYANCES FOR

4 CERTAIN DISABLED VETERANS AND MEMBERS OF THE

5 ARMED FORCES.—Section 3903(a) is amended— 

6 (1) by striking ‘‘No’’ and inserting ‘‘(1) Except 

7 as provided in paragraph (2), no’’; and 

8 (2) by adding at the end the following new para9 graph: 

10 ‘‘(2) The Secretary may provide or assist in providing 

11 an eligible person with a second automobile or other convey12 ance under this chapter if— 

13 ‘‘(A) the Secretary receives satisfactory evidence 

14 that the automobile or other conveyance previously 

15 purchased with assistance under this chapter was de16 stroyed— 

17 ‘‘(i) as a result of a natural or other dis18 aster, as determined by the Secretary; and 

19 ‘‘(ii) through no fault of the eligible person; 

20 and 

21 ‘‘(B) the eligible person does not otherwise receive 

22 from a property insurer compensation for the loss.’’. 

23 (f) ANNUAL REPORT.— 

24 (1) IN GENERAL.—Each year, the Secretary of 

25 Veterans Affairs shall submit to Congress a report on 


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1 the assistance provided or action taken by the Sec2 retary in the last fiscal year pursuant to the authori3 ties added by the amendments made by this section. 

4 (2) ELEMENTS.—Each report submitted under 

5 paragraph (1) shall include the following for the fiscal 

6 year covered by the report: 

7 (A) A description of each natural disaster 

8 for which assistance was provided or action was 

9 taken as described in paragraph (1). 

10 (B) The number of cases or individuals, as 

11 the case may be, in which or to whom the Sec12 retary provided assistance or took action as de13 scribed in paragraph (1). 

14 (C) For each such case or individual, a de15 scription of the type or amount of assistance or 

16 action taken, as the case may be. 

17 SEC. 702. AGGREGATE AMOUNT OF EDUCATIONAL ASSIST18 ANCE AVAILABLE TO INDIVIDUALS WHO RE19 CEIVE BOTH SURVIVORS’ AND DEPENDENTS 

20 EDUCATIONAL ASSISTANCE AND OTHER VET21 ERANS AND RELATED EDUCATIONAL ASSIST22 ANCE. 

23 (a) AGGREGATE AMOUNT AVAILABLE.—Section 3695 

24 is amended— 

25 (1) in subsection (a)(4), by striking ‘‘35,’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(c) The aggregate period for which any person may 

4 receive assistance under chapter 35 of this title, on the one 

5 hand, and any of the provisions of law referred to in sub6 section (a), on the other hand, may not exceed 81 months 

7 (or the part-time equivalent thereof).’’. 

8 (b) APPLICABILITY.—The amendment made by sub9 section (a) shall take effect on October 1, 2011, and shall 

10 not operate to revive any entitlement to assistance under 

11 chapter 35 of title 38, United States Code, or the provisions 

12 of law referred to in section 3695(a) of such title, as in 

13 effect on the day before such date, that was terminated by 

14 reason of the operation of section 3695(a) of such title, as 

15 so in effect, before such date. 

16 (c) REVIVAL OF ENTITLEMENT REDUCED BY PRIOR

17 UTILIZATION OF CHAPTER 35 ASSISTANCE.— 

18 (1) IN GENERAL.—Subject to paragraph (2), in 

19 the case of an individual whose period of entitlement 

20 to assistance under a provision of law referred to in 

21 section 3695(a) of title 38, United States Code (other 

22 than chapter 35 of such title), as in effect on Sep23 tember 30, 2011, was reduced under such section 

24 3695(a), as so in effect, by reason of the utilization 

25 of entitlement to assistance under chapter 35 of such 


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1 title before October 1, 2011, the period of entitlement 

2 to assistance of such individual under such provision 

3 shall be determined without regard to any entitlement 

4 so utilized by the individual under chapter 35 of such 

5 title. 

6 (2) LIMITATION.—The maximum period of enti7 tlement to assistance of an individual under para8 graph (1) may not exceed 81 months. 

9 SEC. 703. DEPARTMENT OF VETERANS AFFAIRS ENFORCE10 MENT PENALTIES FOR MISREPRESENTATION 

11 OF A BUSINESS CONCERN AS A SMALL BUSI12 NESS CONCERN OWNED AND CONTROLLED 

13 BY VETERANS OR AS A SMALL BUSINESS CON14 CERN OWNED AND CONTROLLED BY SERVICE15 DISABLED VETERANS. 

16 Subsection (g) of section 8127 is amended— 

17 (1) by striking ‘‘Any business’’ and inserting 

18 ‘‘(1) Any business’’; 

19 (2) in paragraph (1), as so designated— 

20 (A) by inserting ‘‘deliberately’’ before ‘‘mis21 represented’’; and 

22 (B) by striking ‘‘a reasonable period of 

23 time, as determined by the Secretary’’ and in24 serting ‘‘a period of not less than five years’’; 

25 and 


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1 (3) by adding at the end the following new para2 graphs: 

3 ‘‘(2) In the case of a debarment under paragraph (1), 

4 the Secretary shall commence debarment action against the 

5 business concern by not later than 30 days after deter6 mining that the concern misrepresented the status of the 

7 concern as described in paragraph (1) and shall complete 

8 debarment actions against such concern by not later than 

9 90 days after such determination. 

10 ‘‘(3) The debarment of a business concern under para11 graph (1) includes the debarment of all principals in the 

12 business concern for a period of not less than five years.’’. 

13 SEC. 704. AUTHORITY FOR CERTAIN PERSONS TO SIGN 

14 CLAIMS FILED WITH SECRETARY OF VET15 ERANS AFFAIRS ON BEHALF OF CLAIMANTS. 

16 (a) IN GENERAL.—Section 5101 is amended— 

17 (1) in subsection (a)— 

18 (A) by striking ‘‘A specific’’ and inserting 

19 ‘‘(1) A specific’’; and 

20 (B) by adding at the end the following new 

21 paragraph: 

22 ‘‘(2) If an individual has not attained the age of 18 

23 years, is mentally incompetent, or is physically unable to 

24 sign a form, a form filed under paragraph (1) for the indi25 vidual may be signed by a court-appointed representative, 


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1 a person who is responsible for the care of the individual, 

2 including a spouse or other relative, or an attorney in fact 

3 or agent authorized to act on behalf of the individual under 

4 a durable power of attorney. If the individual is in the care 

5 of an institution, the manager or principal officer of the 

6 institution may sign the form.’’; 

7 (2) in subsection (c)— 

8 (A) in paragraph (1)— 

9 (i) by inserting ‘‘, signs a form on be10 half of an individual to apply for,’’ after 

11 ‘‘who applies for’’; and 

12 (ii) by inserting ‘‘, or TIN in the case 

13 that the person is not an individual,’’ after 

14 ‘‘of such person’’; and 

15 (B) in paragraph (2), by inserting ‘‘or 

16 TIN’’ after ‘‘social security number’’ each place 

17 it appears; and 

18 (3) by adding at the end the following new sub19 section: 

20 ‘‘(d) In this section: 

21 ‘‘(1) The term ‘mentally incompetent’ with re22 spect to an individual means that the individual 

23 lacks the mental capacity— 

24 ‘‘(A) to provide substantially accurate infor25 mation needed to complete a form; or 


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1 ‘‘(B) to certify that the statements made on 

2 a form are true and complete. 

3 ‘‘(2) The term ‘TIN’ has the meaning given the 

4 term in section 7701(a)(41) of the Internal Revenue 

5 Code of 1986.’’. 

6 (b) APPLICABILITY.—The amendments made by sub7 section (a) shall apply with respect to claims filed on or 

8 after the date of the enactment of this Act. 

9 SEC. 705. IMPROVEMENT OF PROCESS FOR FILING JOINTLY 

10 FOR SOCIAL SECURITY AND DEPENDENCY 

11 AND INDEMNITY COMPENSATION. 

12 Section 5105 is amended— 

13 (1) in subsection (a)— 

14 (A) by striking ‘‘shall’’ the first place it ap15 pears and inserting ‘‘may’’; and 

16 (B) by striking ‘‘Each such form’’ and in17 serting ‘‘Such forms’’; and 

18 (2) in subsection (b), by striking ‘‘on such a 

19 form’’ and inserting ‘‘on any document indicating an 

20 intent to apply for survivor benefits’’. 


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1 SEC. 706. PARITY BETWEEN PART-TIME AND FULL-TIME 

2 STUDENTS UNDER EMPLOYEE INCENTIVE 

3 SCHOLARSHIP PROGRAM. 

4 Section 7675(b)(1) is amended by striking subpara5 graph (E) and inserting the following new subparagraph 

6 (E): 

7 ‘‘(E) In the case of a participant who is em8 ployed as an employee of the Department while en9 rolled in the course of training being pursued by the 

10 participant, the participant fails to maintain em11 ployment as a Department employee during such 

12 course of training.’’. 

13 SEC. 707. REPORT ON PAY-FOR-PERFORMANCE COMPENSA14 TION UNDER HEALTH CARE SERVICES CON15 TRACTS. 

16 (a) IN GENERAL.—Not later than 180 days after the 

17 date of the enactment of this Act, the Secretary of Veterans 

18 Affairs shall submit to the Committee on Veterans’ Affairs 

19 of the Senate and the Committee on Veterans’ Affairs of 

20 the House of Representatives a report on the use by the De21 partment of Veterans Affairs of pay-for-performance com22 pensation mechanisms in the provision of health care serv23 ices in contracts which compensate contractors of the De24 partment for the provision of health care services through 

25 community based outpatient clinics. 


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1 (b) ELEMENTS.—The report required by subsection (a) 

2 shall include the following: 

3 (1) An assessment of the feasibility and advis4 ability of utilizing pay-for-performance compensation 

5 mechanisms in the provision of health care services by 

6 the Department in contracts described in subsection 

7 (a). 

8 (2) The number of community based outpatient 

9 clinics of the Department that were operating under 

10 a pay-for-performance compensation mechanism in 

11 the provision of health care services on the day before 

12 the date of the enactment of this Act and the impact 

13 such mechanisms have had with respect to— 

14 (A) providing incentives for community 

15 based outpatient clinics to provide high quality 

16 health care; and 

17 (B) providing incentives to better assure pa18 tient satisfaction. 

19 (c) INCORPORATION OF VIEWS AND EXPERIENCES OF

20 PRIVATE HEALTH CARE SYSTEMS.—In meeting the re21 quirements of this section the Secretary shall incorporate 

22 the views and experiences of representatives of at least two 

23 private health care systems that have utilized pay-for-per24 formance compensation mechanisms in the operation of 

25 medical clinics to ascertain whether such mechanisms have 


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1 had an effect on the delivery of quality, timely, medical care 

2 in the private sector. 

3 SEC. 708. EXTENSION OF AUTHORITY TO OBTAIN INFORMA4 TION FROM SECRETARY OF TREASURY AND 

5 COMMISSIONER OF SOCIAL SECURITY FOR IN6 COME VERIFICATION PURPOSES. 

7 Section 5317(g) is amended by striking ‘‘September 

8 30, 2011’’ and inserting ‘‘September 30, 2013’’. 

9 SEC. 709. EXTENSION OF AUTHORITY FOR REGIONAL OF10 FICE OF DEPARTMENT OF VETERANS AF11 FAIRS IN REPUBLIC OF THE PHILIPPINES. 

12 Section 315(b) is amended by striking ‘‘December 31, 

13 2011’’ and inserting ‘‘December 31, 2012’’. 

14 SEC. 710. REPORT ON ESTABLISHMENT OF A POLYTRAUMA 

15 REHABILITATION CENTER OR POLYTRAUMA 

16 NETWORK SITE OF THE DEPARTMENT OF 

17 VETERANS AFFAIRS IN THE NORTHERN 

18 ROCKIES OR DAKOTAS. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of the enactment of this Act, the Secretary of Veterans 

21 Affairs shall submit to Congress a report on the feasibility 

22 and advisability of establishing a Polytrauma Rehabilita23 tion Center or Polytrauma Network Site for the Department 

24 of Veterans Affairs in the northern Rockies or the Dakotas. 

25 One of the locations evaluated as a potential location for 


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1 the Polytrauma Rehabilitation Center or Polytrauma Net2 work Site, as the case may be, shall be the Fort Harrison 

3 Department of Veterans Affairs hospital in Lewis and Clark 

4 County, Montana. 

5 (b) REQUIREMENTS.—The report required by this sub6 section shall include the following: 

7 (1) An assessment of the adequacy of existing 

8 Department of Veterans Affairs facilities in the north9 ern Rockies and the Dakotas to address matters that 

10 are otherwise addressed by Polytrauma Rehabilitation 

11 Centers and Polytrauma Network Sites. 

12 (2) A comparative assessment of the effectiveness 

13 of rehabilitation programs for individuals with trau14 matic brain injuries in urban areas with the effective15 ness of such programs for individuals with traumatic 

16 brain injuries in rural and frontier communities. 

17 (3) An assessment whether the low cost of living 

18 in the northern Rockies and the Dakotas could reduce 

19 the financial stress faced by veterans receiving care 

20 for traumatic brain injury and their families and 

21 thereby improve the effectiveness of such care. 

22 (4) An assessment whether therapies that can 

23 prevent or remediate the development of secondary 

24 neurologic conditions related to traumatic brain inVerDate Mar 15 2010 23:55 Oct 11, 2011 Jkt 019200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6203 E:\BILLS\S914.RS S914

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1 jury can be interrupted by stress caused by living in 

2 an urban area. 

3 (c) CONSULTATION.—The Secretary shall consult with 

4 appropriate State and local government agencies in the 

5 northern Rockies and the Dakotas in preparing the report 

6 required by subsection (a). 

7 SEC. 711. MODIFICATION OF LOAN GUARANTY FEE FOR 

8 CERTAIN INITIAL LOANS. 

9 Section 3729(b)(2)(A) is amended— 

10 (1) by striking clauses (i) and (ii); 

11 (2) by redesignating clause (iii) as clause (i); 

12 (3) by inserting after clause (i), as redesignated, 

13 the following new clause (ii): 

‘‘(A)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or 

any other initial loan described in 

section 3710(a) other than with 5- 

down or 10-down (closed on or after 

October 1, 2011, and before October 

1, 2012) ............................................... 1.50 1.75 NA’’; 

14 (4) by redesignating clause (iv) as clause (iii); 

15 and 

16 (5) in clause (iii), as redesignated by paragraph 

17 (4), by striking ‘‘October 1, 2011’’ and inserting ‘‘Oc18 tober 1, 2012’’. 


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Calendar No. 188 

112TH CONGRESS 

1ST SESSION S. 914 

[Report No. 112–88] 

A BILL 

To amend title 38, United States Code, to authorfor other purposes. telehealth and telemedicine visits of veterans, and ize the waiver of the collection of copayments for 

OCTOBER 11, 2011 

Reported with an amendment 


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