,,ib ,union ,calendar ,no4 #aeb #aacth ,,congress #ast ,session ,h4 ,r4 #bdha ,report ,no4 #aac-bjg ,,in ,,the ,,house ,,of ,,representatives ,june #be1 #bjac,mr4 ,flores introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs ,september #aa1 #bjac,reported with amendments1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,june #be1 #bjac ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to codify and improve the election requirements for the receipt of educational assistance under the ,post-#i_/aa ,educational ,assistance program of the ,department of ,veterans ,affairs4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,veterans ,economic ,opportunity ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,references to title #ch1 ,united ,states ,code4,sec4 #c4 ,scoring of budgetary effects4,sec4 #d4 ,establishment of ,veterans ,economic ,opportunity ,administration of ,department of ,veterans ,affairs4,sec4 #e4 ,under ,secretary for ,veterans ,economic ,opportunity4,sec4 #f4 ,five-year extension of homeless veterans reintegration programs4,sec4 #g4 ,entitlement of children of certain deceased veterans to educational assistance under the ,post-#i_/aa ,educational ,assistance ,program of the ,department of ,veterans ,affairs4,sec4 #h4 ,recodification and improvement of election process for ,post-#i_/aa ,educational ,assistance ,program4,sec4 #i4 ,centralized reporting of veteran enrollment by certain groups1 districts1 and consortiums of educational institutions4,sec4 #aj4 ,extension of loan guaranty fee for certain subsequent loans4,sec4 #aa4 ,mortgage protection for members of the ,armed ,forces1 surviving spouses1 and certain veterans4,sec4 #ab4 ,treatment of relocation for active duty for purposes of mortgage refinancing4,sec4 #ac4 ,requirements for lending institutions that are creditors for obligations and liabilities covered by the ,servicemembers ,civil ,relief ,act4,sec4 #ad4 ,protection of child custody arrangements for parents who are members of the ,armed ,forces4 #b4 ,references to title #ch1 ,united ,states ,code ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to 1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #ch 1 ,united ,states ,code4 #c4 ,scoring of budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 #d4 ,establishment of ,veterans ,economic ,opportunity ,administration of ,department of ,veterans ,affairs 7a7 ,economic ,opportunity ,administration 7#a7 ,in general ,part ,v is amended by adding at the end the following new chapter3 #hj ,veterans ,economic ,opportunity ,administration #hjja4 ,organization of ,administration4#hjjb4 ,functions of ,administration4 #hjja4 ,organization of ,administration 7a7 ,veterans ,economic ,opportunity ,administration ,there is in the ,department of ,veterans ,affairs a ,veterans ,economic ,opportunity ,administration4 ,the primary function of the ,veterans ,economic ,opportunity ,administration is the administration of the programs of the ,department which provide assistance related to economic opportunity to veterans and their dependents and survivors4 7b7 ,under ,secretary for ,economic ,opportunity ,the ,veterans ,economic ,opportunity ,administration is under the ,under ,secretary for ,veterans ,economic ,opportunity1 who is directly responsible to the ,secretary for the operations of the ,administration4 #hjjb4 ,functions of ,administration ,the ,veterans ,economic ,opportunity ,administration is responsible for the administration of the following programs of the ,department3 7#a7 ,vocational rehabilitation and employment programs4 7#b7 ,educational assistance programs4 7#c7 ,veterans' housing loan and related programs4 7#d7 ,the veterans small business program under section #habg of this title4 4 7#b7 ,clerical amendments ,the tables of chapters at the beginning of title #ch1 ,united ,states ,code1 and of part ,v of title #ch1 ,united ,states ,code1 are each amended by inserting after the item relating to chapter #gi the following new item3 #hj4 ,veterans ,economic ,opportunity ,administration#hjja 4 7b7 ,effective date ,chapter #hj of title #ch1 ,united ,states ,code1 as added by subsection 7a7 shall take effect on ,october #a1 #bjad4 #e4 ,under ,secretary for ,veterans ,economic ,opportunity 7a7 ,under ,secretary 7#a7 ,in general ,chapter #c is amended by inserting after section #cjf the following new section3 #cjf;,a4 ,under ,secretary for ,veterans ,economic ,opportunity 7a7 ,under ,secretary ,there is in the ,department an ,under ,secretary for ,veterans ,economic ,opportunity1 who is appointed by the ,president1 by and with the advice and consent of the ,senate4 ,the ,under ,secretary for ,veterans ,economic ,opportunity shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in-- 7#a7 information technology2 and 7#b7 the administration of programs within the ,veterans ,economic ,opportunity ,administration or programs of similar content and scope4 7b7 ,responsibilities ,the ,under ,secretary for ,veterans ,economic ,opportunity is the head of1 and is directly responsible to the ,secretary for the operations of1 the ,veterans ,economic ,opportunity ,administration4 7c7 ,vacancies 7#a7 ,whenever a vacancy in the position of ,under ,secretary for ,veterans ,economic ,opportunity occurs or is anticipated1 the ,secretary shall establish a commission to recommend individuals to the ,president for appointment to the position4 7#b7 ,a commission established under this subsection shall be composed of the following members appointed by the ,secretary3 7,a7 ,three persons representing education and training1 vocational rehabilitation1 employment1 real estate1 mortgage finance and related industries1 and survivor benefits activities affected by the ,veterans ,economic ,opportunity ,administration4 7,b7 ,two persons representing veterans served by the ,veterans ,economic ,opportunity ,administration4 7,c7 ,two persons who have experience in the management of private sector benefits programs of similar content and scope to the economic opportunity programs of the ,department4 7,d7 ,the ,deputy ,secretary of ,veterans ,affairs4 7,e7 ,the chairman of the ,veterans' ,advisory ,committee on ,education formed under section #cfib of this title4 7,f7 ,one person who has held the position of ,under ,secretary for ,veterans ,economic ,opportunity1 if the ,secretary determines that it is desirable for such person to be a member of the commission4 7#c7 ,a commission established under this subsection shall recommend at least three individuals for appointment to the position of ,under ,secretary for ,veterans ,economic ,opportunity4 ,the commission shall submit all recommendations to the ,secretary4 ,the ,secretary shall forward the recommendations to the ,president and the ,committees on ,veterans' ,affairs of the ,senate and ,house of ,representatives with any comments the ,secretary considers appropriate4 ,thereafter1 the ,president may request the commission to recommend additional individuals for appointment4 7#d7 ,the ,assistant ,secretary or ,deputy ,assistant ,secretary of ,veterans ,affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection4 7d7 ,qualifications of recommended individuals ,each individual recommended to the ,president by the commission for appointment to the position of ,under ,secretary for ,veterans ,economic ,opportunity shall be an individual who has held a senior level position in the private sector with responsibilities relating to at least one of the following3 7#a7 ,education policy4 7#b7 ,vocational rehabilitation4 7#c7 ,employment4 7#d7 ,home loan finance4 7#e7 ,small business development4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #cjf the following new item3 #cjf;,a4 ,under ,secretary for ,veterans ,economic ,opportunity4 4 7b7 ,conforming amendments ,title #ch1 ,united ,states ,code1 is further amended-- 7#a7 in section #cjf7;c77#b71 by striking subparagraphs 7,a7 and 7,e7 and redesignating subparagraphs 7,b71 7,c71 7,d71 and 7,f71 as subparagraphs 7,a7 through 7,d71 respectively2 7#b7 in section #cag7;d71 by inserting after ,under ,secretary for ,benefits1 the following3 the ,under ,secretary for ,veterans ,economic ,opportunity12 7#c7 in section #cah7;d77#b71 by inserting after ,under ,secretary for ,benefits1 the following3 the ,under ,secretary for ,veterans ,economic ,opportunity12 7#d7 in section #eaf7;e77#b77;,c71 by striking ,health and the ,under ,secretary for ,benefits and inserting ,health1 the ,under ,secretary for ,benefits1 and the ,under ,secretary for ,veterans ,economic ,opportunity2 7#e7 in section #eda7;a77#b77;,b71 by striking ,health and the ,under ,secretary for ,benefits and inserting ,health1 the ,under ,secretary for ,benefits1 and the ,under ,secretary for ,veterans ,economic ,opportunity2 7#f7 in section #edb7;a77#b77;,b77iii71 by striking ,health and the ,under ,secretary for ,benefits and inserting ,health1 the ,under ,secretary for ,benefits1 and the ,under ,secretary for ,veterans ,economic ,opportunity2 7#g7 in section #edd7;a77#b77;,b77vi71 by striking ,health and the ,under ,secretary for ,benefits and inserting ,health1 the ,under ,secretary for ,benefits1 and the ,under ,secretary for ,veterans ,economic ,opportunity2 7#h7 in section #gji7;c77#b77;,a71 by inserting after ,under ,secretary for ,benefits1 the following3 the ,under ,secretary for ,veterans ,economic ,opportunity14 7#i7 in section #ggja7;a71 by inserting after assistance the following3 1 other than assistance related to economic opportunity12 and 7#aj7 in section #ggjc1 by striking paragraphs 7#b7 and 7#c7 and redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#b7 and 7#c71 respectively4 7c7 ,full-,time employees ,for fiscal years #bjad and #bjae1 the aggregate number of full-time equivalent employees authorized for the ,veterans ,benefit ,administration and the ,veterans ,economic ,opportunity ,administration1 as established under chapter #hj of title #ch1 ,united ,states ,code1 as added by section #b1 may not exceed #bj1hea4 7d7 ,effective date ,section #cjf;,a of title #ch1 ,united ,states ,code1 as added by subsection 7a71 and the amendments made by this section1 shall take effect on ,october #a1 #bjad4 #f4 ,five-year extension of homeless veterans reintegration programs ,section #bjba7;e77,f7 of title #ch1 ,united ,states ,code1 is amended by striking #bjac and inserting #bjah4 #g4 ,entitlement of children of certain deceased veterans to educational assistance under the ,post-#i_/aa ,educational ,assistance ,program of the ,department of ,veterans ,affairs 7a7 ,in general ,section #ccaa7;b77#i7 is amended-- 7#a7 by striking #bjja1 dies in line of duty while serving on active duty as a member of the ,armed ,forces4 and inserting #bjja--2 and 7#b7 by adding at the end the following new subparagraphs3 7,a7 dies in line of duty while serving on active duty as a member of the ,armed ,forces2 or 7,b7 is awarded the ,purple ,heart for an injury and dies as a result of that injury during the #ca-;day period beginning on the date of the person's discharge or release from active duty service in the ,armed ,forces4 4 7b7 ,applicability ,the amendments made by subsection 7a7 shall apply with respect to a person who dies on or after ,september #aa1 #bjja4 7c7 ,effective date ,the amendments made by subsection 7a7 shall take effect on ,october #a1 #bjad1 and apply to payments of educational assistance for programs of education pursued after that date4 #h4 ,recodification and improvement of election process for ,post-#i_/aa ,educational ,assistance ,program 7a7 ,in general ,subchapter ,,iii of chapter #cc is amended by adding at the end the following new section3 #ccbf4 ,election to receive educational assistance 7a7 ,individuals eligible ,to elect participation in post-#i_/aa educational assistance ,an individual may elect to receive educational assistance under this chapter if such individual-- 7#a7 as of ,august #a1 #bjji-- 7,a7 is entitled to basic educational assistance under chapter #cj of the title and has used1 but retains unused1 entitlement under that chapter2 7,b7 is entitled to educational assistance under chapter #ajg1 #afjf1 or #afjg of title #aj and has used1 but retains unused1 entitlement under the applicable chapter2 7,c7 is entitled to basic educational assistance under chapter #cj of this title but has not used any entitlement under that chapter2 7,d7 is entitled to educational assistance under chapter #ajg1 #afjf1 or #afjg of title #aj but has not used any entitlement under such chapter2 7,e7 is a member of the ,armed ,forces who is eligible for receipt of basic educational assistance under chapter #cj this title and is making contributions toward such assistance under section #cjaa7;b7 or #cjab7;c7 of this title2 or 7,f7 is a member of the ,armed ,forces who is not entitled to basic educational assistance under chapter #cj of this title by reason of an election under section #cjaa7;c77#a7 or #cjab7;d77#a7 of this title2 and 7#b7 as of the date of the individual's election under this paragraph1 meets the requirements for entitlement to educational assistance under this chapter4 7b7 ,cessation of contributions toward ,,gi bill ,effective as of the first month beginning on or after the date of an election under subsection 7a7 of an individual described by paragraph 7#a77;,e7 of that subsection1 the obligation of the individual to make contributions under section #cjaa7;b7 or #cjab7;c7 of this title1 as applicable1 shall cease1 and the requirements of such section shall be deemed to be no longer applicable to the individual4 7c7 ,revocation of remaining transferred entitlement 7#a7 ,election to revoke ,if1 on the date an individual described in paragraph 7#a77;,a7 or 7#a77;,c7 of subsection 7a7 makes an election under that subsection1 a transfer of the entitlement of the individual to basic educational assistance under section #cjbj of this title is in effect and a number of months of the entitlement so transferred remain unutilized1 the individual may elect to revoke all or a portion of the entitlement so transferred that remains unutilized4 7#b7 ,availability of revoked entitlement ,any entitlement revoked by an individual under this paragraph shall no longer be available to the dependent to whom transferred1 but shall be available to the individual instead for educational assistance under chapter #cc of this title in accordance with the provisions of this section4 7#c7 ,availability of unrevoked entitlement ,any entitlement described in paragraph 7#a7 that is not revoked by an individual in accordance with that paragraph shall remain available to the dependent or dependents concerned in accordance with the current transfer of such entitlement under section #cjbj of this title4 7d7 ,post-#i_/aa educational assistance 7#a7 ,in general ,subject to paragraph 7#b7 and except as provided in subsection 7e71 an individual making an election under subsection 7a7 shall be entitled to educational assistance under this chapter in accordance with the provisions of this chapter1 instead of basic educational assistance under chapter #cj this title1 or educational assistance under chapter #ajg1 #afjf1 or #afjg of title #aj1 as applicable4 7#b7 ,limitation on entitlement for certain individuals ,in the case of an individual making an election under subsection 7a7 who is described by paragraph 7#a77;,a7 of that subsection1 the number of months of entitlement of the individual to educational assistance under this chapter #cc shall be the number of months equal to-- 7,a7 the number of months of unused entitlement of the individual under chapter #cj of this title1 as of the date of the election1 plus 7,b7 the number of months1 if any1 of entitlement revoked by the individual under subsection 7c77#a74 7e7 ,continuing entitlement to educational assistance not available under #i_/aa assistance program 7#a7 ,in general ,in the event educational assistance to which an individual making an election under subsection 7a7 would be entitled under chapter #cj of this title1 or chapter #ajg1 #afjf1 or #afjg of title #aj1 as applicable1 is not authorized to be available to the individual under the provisions of this chapter the individual shall remain entitled to such educational assistance in accordance with the provisions of the applicable chapter4 7#b7 ,charge for use of entitlement ,the utilization by an individual of entitlement under paragraph 7#a7 shall be chargeable against the entitlement of the individual to educational assistance under this chapter at the rate of one month of entitlement under this chapter for each month of entitlement utilized by the individual under paragraph 7#a7 7as determined as if such entitlement were utilized under the provisions of chapter #cj of this title1 or chapter #ajg1 #afjf1 or #afjg of title #aj1 as applicable74 7f7 ,additional post-#i_/aa assistance for members having made contributions toward ,,gi bill 7#a7 ,additional assistance ,in the case of an individual making an election under subsection 7a7 who is described by subparagraph 7,a71 7,c71 or 7,e7 of paragraph 7#a7 of that subsection1 the amount of educational assistance payable to the individual under this chapter #cc as a monthly stipend payable under paragraph 7#a77;,b7 of section #ccac7;c7 of this title1 or under paragraphs 7#b7 through 7#g7 of that section 7as applicable71 shall be the amount otherwise payable as a monthly stipend under the applicable paragraph increased by the amount equal to-- 7,a7 the total amount of contributions toward basic educational assistance made by the individual under section #cjaa7;b7 or #cjab7;c7 of this title1 as of the date of the election1 multiplied by 7,b7 the fraction-- 7i7 the numerator of which is-- 7,i7 the number of months of entitlement to basic educational assistance under chapter #cj of this title remaining to the individual at the time of the election2 plus 7,,ii7 the number of months1 if any1 of entitlement under such chapter #cj revoked by the individual under subsection 7c77#a72 and 7ii7 the denominator of which is #cf months4 7#b7 ,months of remaining entitlement for certain individuals ,in the case of an individual covered by paragraph 7#a7 who is described by subsection 7a77#a77;,e71 the number of months of entitlement to basic educational assistance remaining to the individual for purposes of paragraph 7#a77;,b77i77,,ii7 shall be #cf months4 7#c7 ,timing of payment ,the amount payable with respect to an individual under paragraph 7#a7 shall be paid to the individual together with the last payment of the monthly stipend payable to the individual under paragraph 7#a77;,b7 of section #ccac7;c7 of this title1 or under subsections 7b7 through 7g7 of that section 7as applicable71 before the exhaustion of the individual's entitlement to educational assistance under this chapter4 7g7 ,continuing entitlement to additional assistance for critical skills or speciality and additional service ,an individual making an election under subsection 7a77#a7 who1 at the time of the election1 is entitled to increased educational assistance under section #cjae7;d7 of this title1 or section #afaca7;i7 of title #aj1 or supplemental educational assistance under subchapter ,,iii of chapter #cj of this title1 shall remain entitled to such increased educational assistance or supplemental educational assistance in the utilization of entitlement to educational assistance under this chapter1 in an amount equal to the quarter1 semester1 or term1 as applicable1 equivalent of the monthly amount of such increased educational assistance or supplemental educational assistance payable with respect to the individual at the time of the election4 7h7 ,alternative election by ,secretary 7#a7 ,in general ,in the case of an individual who1 on or after ,october #a1 #bjad1 submits to the ,secretary an election under this section that the ,secretary determines is clearly against the interests of the individual1 the ,secretary may make an alternative election on behalf of the individual that the ,secretary determines is in the best interests of the individual4 7#b7 ,notice ,if the ,secretary makes an election on behalf of an individual under this subsection1 the ,secretary shall notify the individual by not later than seven days after making such election and shall provide the individual with a #cj-;day period1 beginning on the date of the individual's receipt of such notice1 during which the individual may modify or revoke the election made by the ,secretary on the individual's behalf4 ,the ,secretary shall include1 as part of such notice1 a clear statement of why the alternative election made by the ,secretary is in the best interests of the individual as compared to the election submitted by the individual4 ,the ,secretary shall provide the notice required under this paragraph by electronic means whenever possible4 7i7 ,irrevocability of elections ,an election under subsection 7a7 or 7c77#a7 is irrevocable4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by adding at the end the following new item3 #ccbf4 ,election to receive educational assistance4 4 7c7 ,conforming repeal ,subsection 7c7 of section #ejjc of the ,post-#i_/aa ,veterans ,educational ,assistance ,act of #bjjh 7,public ,law #aaj-beb2 #ch ,u4,s4,c4 #ccja note7 is hereby repealed4 #i4 ,centralized reporting of veteran enrollment by certain groups1 districts1 and consortiums of educational institutions 7a7 ,in general ,section #cfhd7;a7 is amended-- 7#a7 in paragraph 7#a71 by inserting #cb1 #cc1 after #ca12 and 7#b7 by adding at the end the following new paragraph3 7#d7 ,for purposes of this subsection1 the term educational institution may include a group1 district1 or consortium of separately accredited educational institutions located in the same ,state that are organized in a manner that facilitates the centralized reporting of the enrollments in such group1 district1 or consortium of institutions4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall apply with respect to reports submitted on or after the date of the enactment of this ,act4 #aj4 ,extension of loan guaranty fee for certain subsequent loans 7a7 ,extension ,section #cgbi7;b77#b77;,b7 is amended-- 7#a7 in clause 7i71 by striking ,october #a1 #bjag and inserting ,october #a1 #bjah2 and 7#b7 in clause 7ii71 by striking ,october #a1 #bjag and inserting ,october #a1 #bjah4 #aa4 ,mortgage protection for members of the ,armed ,forces1 surviving spouses1 and certain veterans 7a7 ,members of the ,armed ,forces1 surviving spouses1 and certain disabled veterans 7#a7 ,in general ,title ,,iii of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eja et seq47 is amended by inserting after section #cjc the following new section3 #cjc;,a4 ,mortgages and trust deeds of certain servicemembers1 surviving spouses1 and disabled veterans 7a7 ,mortgage as ,security ,this section applies only to an obligation on real or personal property owned by a covered individual that-- 7#a7 originated at any time and for which the covered individual is still obligated2 and 7#b7 is secured by a mortgage1 trust deed1 or other security in the nature of a mortgage4 7b7 ,stay of ,proceedings 7#a7 ,in general ,in accordance with subsection 7d77#a71 in a judicial action pending or in a nonjudicial action commenced during a covered time period to enforce an obligation described in subsection 7a71 a court-- 7,a7 may1 after a hearing and on its own motion1 stay the proceedings until the end of the covered time period2 and 7,b7 shall1 upon application by a covered individual1 stay the proceedings until the end of the covered time period4 7#b7 ,obligation to stop proceedings ,upon receipt of notice provided under subsection 7d77#a71 a mortgagee1 trustee1 or other creditor seeking to foreclose on real property secured by an obligation covered by this section using any judicial or nonjudicial proceedings shall immediately stop any such proceeding until the end of the covered time period4 7c7 ,sale or ,foreclosure ,a sale1 judicial or nonjudicial foreclosure1 or seizure of property for a breach of an obligation described in subsection 7a7 that is not stayed under subsection 7b7 shall not be valid during a covered time period except-- 7#a7 upon a court order granted before such sale1 judicial or nonjudicial foreclosure1 or seizure with a return made and approved by the court2 or 7#b7 if made pursuant to an agreement as provided in section #ajg4 7d7 ,notice required 7#a7 ,in general ,to be covered under this section1 a covered individual shall provide to the mortgagee1 trustee1 or other creditor written notice that such individual is so covered4 7#b7 ,manner ,written notice under paragraph 7#a7 may be provided electronically4 7#c7 ,time ,notice provided under paragraph 7#a7 shall be provided during the covered time period4 7#d7 ,contents ,with respect to a servicemember described in subsection 7g77#a77;,a71 notice shall include-- 7,a7 a copy of the servicemember's official military orders1 or any notification1 certification1 or verification from a servicemember's commanding officer that provides evidence of servicemember's eligibility for special pay as described in subsection 7g77#a77;,a72 or 7,b7 an official notice using a form designed under paragraph 7#e74 7#e7 ,official forms 7,a7 ,in general ,the ,secretary of ,defense shall design and distribute an official ,department of ,defense form that can be used by an individual to give notice under paragraph 7#a74 7,b7 ,use of official form not required ,failure by any individual to use a form designed or distributed under subparagraph 7,a7 to provide notice shall not make such provision of notice invalid4 7e7 ,aggregate duration ,the aggregate duration for which a covered individual 7except a servicemember described in subsection 7g77#a77;,a77 may be covered under this section is one year4 7f7 ,misdemeanor ,a person who knowingly makes or causes to be made a sale1 foreclosure1 or seizure of property that is prohibited by subsection 7c71 or who knowingly attempts to do so1 shall be fined as provided in title #ah1 ,united ,states ,code1 or imprisoned for not more than one year1 or both4 7g7 ,definitions ,in this section3 7#a7 ,covered individual ,the term covered individual means the following individuals3 7,a7 ,a servicemember who is or was eligible for hostile fire or imminent danger special pay under section #caj of title #cg1 ,united ,states ,code1 during a period of military service4 7,b7 ,a servicemember placed on convalescent status1 including a servicemember transferred to the temporary disability retired list under section #abjb or #abje of title #aj1 ,united ,states ,code4 7,c7 ,a veteran who was medically discharged and retired under chapter #fa of title #aj1 ,united ,states ,code1 except for a veteran described in section #abjg of such title4 7,d7 ,a surviving spouse 7as defined in section #aja7c7 of title #ch1 ,united ,states ,code1 and in accordance with section #ajc of such title7 of a servicemember who died while in military service if such spouse is the successor in interest to property covered under subsection 7a74 7#b7 ,covered time period ,the term covered time period means the following time periods3 7,a7 ,with respect to a servicemember who is or was eligible for hostile fire or imminent danger special pay under section #caj of title #cg1 ,united ,states ,code1 during a period of military service1 during the period beginning on the first day on which the servicemember is or was eligible for such special pay during such period of military service and ending on the date that is one year after the last day of such period of military service4 7,b7 ,with respect to a servicemember described in paragraph 7#a77;,b71 during the one-year period beginning on the date on which the servicemember is placed on convalescent status or transferred to the temporary disability retired list under section #abjb or #abje of title #aj1 ,united ,states ,code4 7,c7 ,with respect to a veteran described in paragraph 7#a77;,c71 during the one-year period beginning on the date of the retirement of such veteran4 7,d7 ,with respect to a surviving spouse of a servicemember as described in paragraph 7#a77;,d71 during the one-year period beginning on the date on which the spouse receives notice of the death of the servicemember4 4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by inserting after the item relating to section #cjc the following new item3 ,sec4 #cjc;,a4 ,mortgages and trust deeds of certain servicemembers1 surviving spouses1 and disabled veterans4 4 7#c7 ,conforming amendment ,section #ajg of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eag7 is amended by adding at the end the following3 7e7 ,other individuals ,for purposes of this section1 the term servicemember includes any covered individual under section #cjc;,a4 4 7b7 ,increased civil penalties for mortgage violations ,paragraph 7#c7 of section #hja7;b7 of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eig7;b77#c77 is amended to read as follows3 7#c7 to vindicate the public interest1 assess a civil penalty-- 7,a7 with respect to a violation of section #bjg1 #cjc1 or #cjc;,a regarding real property-- 7i7 in an amount not exceeding #aaj1jjj for a first violation2 and 7ii7 in an amount not exceeding #bbj1jjj for any subsequent violation2 and 7,b7 with respect to any other violation of this ,act-- 7i7 in an amount not exceeding #ee1jjj for a first violation2 and 7ii7 in an amount not exceeding #aaj1jjj for any subsequent violation4 4 7c7 ,credit discrimination ,section #ajh of such ,act 7#ej ,u4,s4,c4 ,app4 #eah7 is amended-- 7#a7 by striking ,application by and inserting 7a7 ,application or receipt4--,application by2 and 7#b7 by adding at the end the following new subsection3 7b7 ,eligibility ,in addition to the protections under subsection 7a71 an individual who is entitled to any right or protection provided under this ,act may not be denied or refused credit or be subject to any other action described under paragraphs 7#a7 through 7#f7 of subsection 7a7 solely by reason of such entitlement4 4 7d7 ,effective date ,section #cjc;,a of the ,servicemembers ,civil ,relief ,act1 as added by subsection 7a71 and the amendments made by this section1 shall take effect on ,october #a1 #bjad4 #ab4 ,treatment of relocation for active duty for purposes of mortgage refinancing 7a7 ,in general ,title ,,iii of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eca et seq47 is amended by inserting after section #cjc;,a1 as added by section #aa7;a77#a71 the following new section3 #cjc;,b4 ,treatment of relocation for active duty for purposes of mortgage refinancing 7a7 ,treatment of absence from residence due to active duty 7#a7 ,in general ,subject to paragraph 7#b71 if1 at any time that a servicemember who is the mortgagor under an existing mortgage does not reside in the residence that secures the existing mortgage because of relocation described in subsection 7c77#a77;,b71 such servicemember inquires about or applies for a covered refinancing mortgage1 such servicemember shall be1 for all purposes relating to the covered refinancing mortgage1 including such inquiry or application and eligibility for and compliance with any underwriting criteria and standards regarding such covered refinancing mortgage1 considered to occupy the residence that secures the existing mortgage to be paid or prepaid by such covered refinancing mortgage as the principal residence of the servicemember during the period of any such relocation4 7#b7 ,limitation ,paragraph 7#a7 shall not apply with respect to a servicemember at any time if1 during the five-year period preceding such time1 the servicemember entered into a covered refinancing mortgage pursuant to this section4 7b7 ,mortgages originated before period military service ,if a covered refinancing mortgage is entered into pursuant to this section with respect to an existing mortgage that originated before the period of the servicemember's military service1 such covered refinancing mortgage shall be deemed to be an obligation that originated before the period of the servicemember's military service and for which the servicemember is still obligated for purposes of section #cjc7;a77#a74 7c7 ,definitions ,in this section3 7#a7 ,existing mortgage ,the term existing mortgage means a mortgage that is secured by a #a- to #d-;family residence1 including a condominium or a share in a cooperative ownership housing association1 that was the principal residence of a servicemember for a period that-- 7,a7 had a duration of #ac consecutive months or longer2 and 7,b7 ended upon the relocation of the servicemember caused by the servicemember receiving military orders for a permanent change of station or to deploy with a military unit1 or as an individual in support of a military operation1 for a period of not less than #ij days that did not allow the servicemember to continue to occupy such residence as a principal residence4 7#b7 ,covered refinancing mortgage ,the term covered refinancing mortgage means any mortgage-- 7,a7 that is made for the purpose of paying or prepaying1 and extinguishing1 the outstanding obligations under an existing mortgage or mortgages2 and 7,b7 that is secured by the same residence that secured such existing mortgage or mortgages4 4 7b7 ,clerical amendment ,the table of contents for such ,act is amended by inserting after the item relating to section #cjc;,a the following new item3 ,sec4 #cjc;,b4 ,treatment of relocation for active duty for purposes of mortgage refinancing4 4 7c7 ,effective date ,section #cjc;,b of the ,servicemembers ,civil ,relief ,act1 as added by subsection 7a71 and the amendments made by this section1 shall take effect on ,october #a1 #bjad4 #ac4 ,requirements for lending institutions that are creditors for obligations and liabilities covered by the ,servicemembers ,civil ,relief ,act ,section #bjg of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #ebg7 is amended-- 7#a7 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 and 7#b7 by inserting after subsection 7c7 the following new subsection 7d73 7d7 ,lending institution requirements 7#a7 ,compliance officers ,each lending institution subject to the requirements of this section shall designate an employee of the institution as a compliance officer who is responsible for ensuring the institution's compliance with this section and for distributing information to servicemembers whose obligations and liabilities are covered by this section4 7#b7 ,toll-free telephone number ,during any fiscal year1 a lending institution subject to the requirements of this section that had annual assets for the preceding fiscal year of #aj1jjj1jjj1jjj or more shall maintain a toll-free telephone number and shall make such telephone number available on the primary ,internet website of the institution4 4 #ad4 ,protection of child custody arrangements for parents who are members of the ,armed ,forces 7a7 ,child custody protection ,title ,,ii of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eba et seq47 is amended by adding at the end the following new section3 #bjh4 ,child custody protection 7a7 ,restriction on temporary custody order ,if a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent who is a servicemember1 then the court shall require that1 upon the return of the servicemember from deployment1 the custody order that was in effect immediately preceding the temporary order shall be reinstated1 unless the court finds that such a reinstatement is not in the best interest of the child1 except that any such finding shall be subject to subsection 7b74 7b7 ,limitation on consideration of member's deployment in determination of ,child's ,best ,interest ,if a motion or a petition is filed seeking a permanent order to modify the custody of the child of a servicemember1 no court may consider the absence of the servicemember by reason of deployment1 or the possibility of deployment1 as the sole factor in determining the best interest of the child4 7c7 ,no ,federal jurisdiction or right of action or removal ,nothing in this section shall create a ,federal right of action or otherwise give rise to ,federal jurisdiction or create a right of removal4 7d7 ,preemption ,in any case where ,state law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order1 the appropriate court shall apply the higher ,state standard4 7e7 ,deployment ,defined ,in this section1 the term deployment means the movement or mobilization of a servicemember to a location for a period of longer than #fj days and not longer than #edj days pursuant to temporary or permanent official orders-- 7#a7 that are designated as unaccompanied2 7#b7 for which dependent travel is not authorized2 or 7#c7 that otherwise do not permit the movement of family members to that location4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by adding at the end of the items relating to title ,,ii the following new item3 #bjh4 ,child custody protection4 4 ,amend the title so as to read3 ,a bill make certain improvements in the laws administered by the ,secretary of ,veterans ,affairs relating to benefits1 and for other purposes44 ,september #aa1 #bjac,reported with amendments1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed