HR 117
112th CONGRESS
1st Session
H. R. 117
To amend title 38, United States Code, to make certain improvements
in the laws administered by the Secretary of Veterans Affairs, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Mr. FILNER introduced the following bill; which was referred to the Committee
on Veterans' Affairs
A BILL
To amend title 38, United States Code, to make certain improvements
in the laws administered by the Secretary of Veterans Affairs, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Housing, Employment, and Living
Programs for Veterans Act of 2011' or the `HELP Veterans Act of 2011'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
Sec. 3. Modification of standard of visual acuity required for eligibility
for specially adapted housing assistance provided by the Secretary of Veterans
Affairs.
Sec. 4. Authorities regarding housing loans guaranteed by the Department
of Veterans Affairs.
Sec. 5. Assistance for flight training.
Sec. 6. Seven-year increase in amount of assistance for individuals pursuing
internships or on-the-job training.
Sec. 7. Extension of authority for certain qualifying work-study activities
for purposes of the educational assistance programs of the Department of
Veterans Affairs.
Sec. 8. Expansion of work-study allowance to include certain outreach services
conducted through congressional offices.
Sec. 9. Temporary reduction of required amount of wages for on-the-job training
programs.
Sec. 10. Reauthorization of Veterans' Advisory Committee on Education.
Sec. 11. Review and evaluation of new technology.
Sec. 12. Child care; President's Budget.
Sec. 13. Increase in amount of reporting fee payable to educational institutions
that enroll veterans receiving educational assistance.
Sec. 14. Modification of advance payment of initial educational assistance
or subsistence allowance.
Sec. 15. Increase in amount of subsistence allowance payable to veterans
participating in vocational rehabilitation program.
Sec. 16. Expansion of availability of employment assistance allowance for
veterans using employment services.
Sec. 17. Veterans entrepreneurial development summit.
Sec. 18. Increase in the maximum amount of specially adapted housing assistance
authorized to be provided by the Secretary of Veterans Affairs.
Sec. 19. Department of Veterans Affairs housing loans for construction of
energy efficient dwellings.
Sec. 20. Pilot program on specially adapted housing assistance for veterans
residing temporarily in housing owned by a family member.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an amendment
or repeal is expressed in terms of an amendment to, or a repeal of, a section
or other provision, the reference shall be considered to be made to a section
or other provision of title 38, United States Code.
SEC. 3. MODIFICATION OF STANDARD OF VISUAL ACUITY REQUIRED FOR ELIGIBILITY
FOR SPECIALLY ADAPTED HOUSING ASSISTANCE PROVIDED BY THE SECRETARY OF VETERANS
AFFAIRS.
(a) In General- Section 2101(b)(2)(A) is amended by striking `with 5/200'
and all that follows through the period and inserting the following: `with
central visual acuity of 20/200 or less in the better eye with the use of
standard correcting lenses (for purposes of this subparagraph, an eye which
is accompanied by a limitation in the fields of vision such that the widest
diameter of the visual field subtends an angle no greater than 20 degrees
shall be treated as having a central visual acuity of 20/200 or less).'.
(b) Effective Date- The amendment made by subsection (a) shall apply with
respect to specially adapted housing assistance provided on or after the date
of the enactment of this Act.
SEC. 4. AUTHORITIES REGARDING HOUSING LOANS GUARANTEED BY THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) Covenants and Liens in Response to Disaster-Relief Assistance- Paragraph
(3) of section 3703(d) is amended to read as follows:
`(3)(A) Any real estate housing loan (other than for repairs, alterations,
or improvements) shall be secured by a first lien on the realty. In determining
whether a loan is so secured, the Secretary may either disregard or allow
for subordination to a superior lien that--
`(i) is created by a duly recorded covenant running with the realty in favor
of--
`(I) a public entity that provides assistance in response to a major disaster
as determined by the President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or
`(II) a private entity to secure an obligation to such entity for the
homeowner's share of the costs of the management, operation, or maintenance
of property, services, or programs within and for the benefit of the development
or community in which the veteran's realty is located; and
`(ii) the Secretary determines will not prejudice the interests of the veteran
borrower and of the Government by the operation of such a covenant.
`(B) In respect to a superior lien described by subparagraph (A) that is created
after June 6, 1969, the Secretary's determination must have been made prior
to the recordation of the covenant.'.
(b) Extension of Authority to Pool Loans- Paragraph (2) of section 3720(h)
is amended by striking `2011' and inserting `2016'.
SEC. 5. ASSISTANCE FOR FLIGHT TRAINING.
Subsection (e)(1) of section 3032 is amended by striking `60 percent' and
inserting `75 percent'.
SEC. 6. SEVEN-YEAR INCREASE IN AMOUNT OF ASSISTANCE FOR INDIVIDUALS PURSUING
INTERNSHIPS OR ON-THE-JOB TRAINING.
During the seven-year period beginning on the date of the enactment of this
Act, the Secretary of Veterans Affairs shall apply--
(1) section 3032(c)(1) of title 38, United States Code--
(A) in subparagraph (A), by substituting `80 percent' for `75 percent';
(B) in subparagraph (B), by substituting `60 percent' for `55 percent';
and
(C) in subparagraph (C), by substituting `40 percent' for `35 percent';
(2) section 3233(a) of such title--
(A) in paragraph (1), by substituting `80 percent' for `75 percent';
(B) in paragraph (2), by substituting `60 percent' for `55 percent'; and
(C) in paragraph (3), by substituting `40 percent' for `35 percent';
(3) section 3687(b)(2) of such title--
(A) by substituting `$603' for `$574';
(B) by substituting `$450' for `$429'; and
(C) by substituting `$299' for `$285'; and
(4) section 16131(d)(1) of title 10, United States Code--
(A) in subparagraph (A), by substituting `80 percent' for `75 percent';
(B) in subparagraph (B), by substituting `60 percent' for `55 percent';
and
(C) in subparagraph (C), by substituting `40 percent' for `35 percent'.
SEC. 7. EXTENSION OF AUTHORITY FOR CERTAIN QUALIFYING WORK-STUDY ACTIVITIES
FOR PURPOSES OF THE EDUCATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS
AFFAIRS.
Paragraph (4) of section 3485(a) is amended by striking `June 30, 2013' each
place it appears and inserting `June 30, 2020'.
SEC. 8. EXPANSION OF WORK-STUDY ALLOWANCE TO INCLUDE CERTAIN OUTREACH SERVICES
CONDUCTED THROUGH CONGRESSIONAL OFFICES.
Section 3485(a)(4) is amended by adding at the end the following new subparagraph:
`(K) The following activities carried out at the offices of Members of Congress
for such Members:
`(i) The distribution of information to members of the Armed Forces, veterans,
and their dependents about the benefits and services under laws administered
by the Secretary and other appropriate governmental and non-governmental
programs.
`(ii) The provision of assistance in ascertaining the status of claims
(including appeals) for benefits under laws administered by the Secretary,
as well as other constituent services for veterans as the Secretary determines
appropriate.'.
SEC. 9. TEMPORARY REDUCTION OF REQUIRED AMOUNT OF WAGES FOR ON-THE-JOB TRAINING
PROGRAMS.
(1) REDUCING REQUIREMENT- Section 3677(b)(1)(A)(ii) is amended by striking
`85 per centum' and inserting `60 percent'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect
on October 1, 2010, and shall apply to a veteran who enrolls in a program
of training on the job approved under section 3677 of title 38, United States
Code, on or after such date.
(1) REVERSION- Effective October 1, 2013, section 3677(b)(1)(A)(ii) of such
title, as amended by subsection (a) of this section, is amended by striking
`60 percent' and inserting `85 percent'.
(2) APPLICATION- The amendment made by paragraph (1) shall apply to a veteran
who enrolls in a program of training on the job approved under section 3677
of title 38, United States Code, on or after October 1, 2013.
(c) GAO Report- Not later than October 1, 2013, the Comptroller General shall
submit to the Committee on Veterans' Affairs of the House of Representatives
and the Committee on Veterans' Affairs of the Senate a report on the effects
of eliminating the requirement under section 3677(b)(1)(A)(ii) of title 38,
United States Code, for a private employer to provide wage increases to veterans
enrolled in a program of training on the job approved under section 3677 of
such title.
SEC. 10. REAUTHORIZATION OF VETERANS' ADVISORY COMMITTEE ON EDUCATION.
Section 3692(c) is amended by striking `December 31, 2013' and inserting `December
31, 2020'.
SEC. 11. REVIEW AND EVALUATION OF NEW TECHNOLOGY.
The Secretary of Veterans Affairs shall establish a team of individuals from
appropriate disciplines to be responsible for reviewing new technologies,
processes, and products and for determining which such technologies, processes,
and products may be beneficial to the Department of Veterans Affairs or to
the veterans served by the Department. Upon completion of the review under
this subsection, the team shall submit the review to the Secretary, who shall
disseminate the review within the Department, as appropriate.
SEC. 12. CHILD CARE; PRESIDENT'S BUDGET.
(a) In General- Chapter 31 is amended by adding at the end the following new
sections:
`Sec. 3123. Child care assistance for single parents
`(a) In General- Pursuant to regulations prescribed by the Secretary to carry
out this section, the Secretary shall provide reimbursements for the actual
cost of child care provided by a licensed provider to a veteran who--
`(1) is participating in a vocational rehabilitation program under this
chapter;
`(2) is the sole caretaker of a child; and
`(3) would not otherwise be able to afford such child care.
`(b) Amount and Duration- The amount of the reimbursement for the actual cost
for child care under this section shall be not more than $2,000 per month
for each month the veteran is participating in a vocational rehabilitation
program under this chapter.
`Sec. 3124. Information included in support of President's budget
`The Secretary shall include in documents submitted to Congress by the Secretary
in support of the President's budget for each fiscal year submitted under
section 1105 of title 31, United States Code, the following:
`(1) For the calendar year preceding the submission--
`(A) the percentage of veterans receiving assistance under this chapter
who became employed; and
`(B) the percentage of veterans receiving assistance under this chapter
who achieved independence in daily living.
`(2) Any changes made by the Secretary in measuring or calculating the performance
of the department under this chapter.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter
31 is amended by adding at the end the following:
`3123. Child care assistance for single parents.
`3124. Information included in support of President's budget.'.
SEC. 13. INCREASE IN AMOUNT OF REPORTING FEE PAYABLE TO EDUCATIONAL INSTITUTIONS
THAT ENROLL VETERANS RECEIVING EDUCATIONAL ASSISTANCE.
(a) Increase in Amount of Fee- Subsection (c) of section 3684 is amended--
(1) by striking `$7' and inserting `$16'; and
(2) by striking `$11' and inserting `$16'.
(b) Technical Correction- Subsection (a) of such section is amended by striking
the second comma after `34'.
(c) Effective Date- The amendments made by subsections (a) and (b) shall take
effect on January 1, 2011.
SEC. 14. MODIFICATION OF ADVANCE PAYMENT OF INITIAL EDUCATIONAL ASSISTANCE
OR SUBSISTENCE ALLOWANCE.
(a) Modification- Section 3680(d)(2) is amended by inserting after the third
sentence the following new sentence: `For purposes of the entitlement to educational
assistance of the veteran or person receiving an advance payment under this
subsection, the advance payment shall be charged against the final month of
the entitlement of the person or veteran and, if necessary, the penultimate
such month. In no event may any veteran or person receive more than one advance
payment under this subsection during any academic year.'.
(b) Effective Date- The amendment made by subsection (a) shall apply with
respect to an advance payment of educational assistance made on or after September
1, 2010.
SEC. 15. INCREASE IN AMOUNT OF SUBSISTENCE ALLOWANCE PAYABLE TO VETERANS
PARTICIPATING IN VOCATIONAL REHABILITATION PROGRAM.
(a) Increase in Subsistence Allowance- Section 3108(b)(1) is amended by striking
the table and inserting the following new table:
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Column I Column II Column III Column IV Column V
Type of program No dependents One dependent Two dependents More than two dependents
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The amount in column IV, plus the following for each dependent in excess of two:
Full-time $576.01 $714.50 $841.98 $61.37
Three-quarter time $432.80 $536.65 $629.50 $47.19
Half-time $289.59 $358.81 $421.77 $31.49.
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(b) Effective Date- The amendment made by subsection (a) shall apply with
respect to a payment made for the third month beginning after the date of
the enactment of this Act and each subsequent month.
SEC. 16. EXPANSION OF AVAILABILITY OF EMPLOYMENT ASSISTANCE ALLOWANCE FOR
VETERANS USING EMPLOYMENT SERVICES.
Paragraph (2) of section 3108(a) is amended to read as follows:
`(2) In the case of a veteran with a service-connected disability who the
Secretary determines has reached a point of employability and who is participating
only in a program of employment services provided under section 3104(a)(5)
of this title, the Secretary shall pay the veteran a subsistence allowance
as prescribed in this section for three months while the veteran is satisfactorily
pursuing such program.'.
SEC. 17. VETERANS ENTREPRENEURIAL DEVELOPMENT SUMMIT.
(a) In General- Subchapter II of chapter 81 is amended by adding at the end
the following new section:
`Sec. 8120. Veterans entrepreneurial development summit
`(a) Veterans Entrepreneurial Development Summit- The Secretary may hold an
event, once every year, to provide networking opportunities, outreach, education,
training, and support to small business concerns owned and controlled by veterans,
veterans service organizations, and other entities as determined appropriate
by the Secretary.
`(b) Authorization of Appropriations- There is authorized to be appropriated
to carry out this subsection $1,000,000 for each of fiscal years 2011 and
2021.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter
is amended by adding at the end of the items relating to subchapter II the
following:
`8120. Veterans entrepreneurial development summit.'.
SEC. 18. INCREASE IN THE MAXIMUM AMOUNT OF SPECIALLY ADAPTED HOUSING ASSISTANCE
AUTHORIZED TO BE PROVIDED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) In General- Section 2102 is amended--
(1) in subsection (b)(2), by striking `$12,000' and inserting `$13,756';
and
(A) in paragraph (1), by striking `$60,000' and inserting `$65,780'; and
(B) in paragraph (2), by striking `$12,000' and inserting `$13,756'.
(b) Effective Date- The amendments made by subsection (a) shall apply with
respect to assistance furnished after the date of the enactment of this Act.
SEC. 19. DEPARTMENT OF VETERANS AFFAIRS HOUSING LOANS FOR CONSTRUCTION OF
ENERGY EFFICIENT DWELLINGS.
(a) Loans Authorized- Section 3710(d) is amended--
(A) by striking `The Secretary' and inserting `(A) The Secretary';
(B) by striking `for the acquisition of' and all that follows through
the end and inserting `for any of the following purposes:';
(C) by adding at the end the following new clauses:
`(i) The acquisition of an existing dwelling and the cost of making energy
efficiency improvements to the dwelling.
`(ii) The construction of a new dwelling and the cost of making energy efficiency
improvements to the dwelling.
`(iii) Energy efficiency improvements to a dwelling owned and occupied by
a veteran.'; and
(D) by adding at the end the following new subparagraphs:
`(B) Except as otherwise provided in this subsection, a loan may be guaranteed
under this subsection only if it meets the requirements of this chapter.
`(C) The Secretary shall determine appropriate energy efficiency standards
for purposes of this subsection and shall require that dwellings purchased,
constructed, or improved using a loan guaranteed under this subsection meet
such standards.'; and
(2) in paragraph (2), by striking subparagraphs (A) and (B) and inserting
the following new subparagraphs (A) and (B):
`(A) five percent of the total established value of the property, dwelling,
and improvements; or
`(B) $6,000, or a higher amount specifically provided by the Secretary.'.
(b) Guidance- Not later than 180 days after the date of the enactment of this
Act, the Secretary shall issue guidance on appraising the value of energy
efficiency improvements for purposes of section 3710(d) of title 38, United
States Code, as amended by this Act.
(1) INTERIM POLICY GUIDANCE- Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall prescribe
interim policy guidance on energy efficiency audits and the conditions under
which the performance of such audits may be included in the amount guaranteed
by the Secretary under section 3710(d) of title 38, United States Code,
as amended by subsection (a).
(2) REGULATIONS- Not later than one year after the date of the enactment
of this Act, the Secretary shall prescribe regulations to carry out the
amendments made by subsection (a).
(3) ENERGY EFFICIENCY AUDIT DEFINED- For purposes of this subsection, the
term `energy efficiency audit' means a measurement of the effects of an
improvement made to a dwelling for the purpose of reducing energy consumption
or increasing energy efficiency that is carried out by a certified professional
auditor, as determined by the Secretary.
(d) Effective Date- The amendments made by subsections (a) and (b) shall apply
with respect to a loan secured on or after January 1, 2011.
SEC. 20. PILOT PROGRAM ON SPECIALLY ADAPTED HOUSING ASSISTANCE FOR VETERANS
RESIDING TEMPORARILY IN HOUSING OWNED BY A FAMILY MEMBER.
(a) Treatment of Certain Limitations- Notwithstanding subsection (d) of section
2102 of title 38, United States Code, and subject to subsection (b), a grant
under section 2102A of such title shall not count toward the dollar amount
limitations specified in that subsection.
(b) Termination- Subsection (a) shall apply only to the first 25 grants made
during fiscal year 2012.
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