[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1037 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 7, 2009.
Resolved, That the bill from the House of Representatives (H.R.
1037) entitled ``An Act to direct the Secretary of Veterans Affairs to
conduct a five-year pilot project to test the feasibility and
advisability of expanding the scope of certain qualifying work-study
activities under title 38, United States Code.'', do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans' Benefits
Enhancement Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reference to title 38, United States Code.
TITLE I--INSURANCE MATTERS
Sec. 101. Increase in amount of supplemental insurance for totally
disabled veterans.
Sec. 102. Adjustment of coverage of dependents under Servicemembers'
Group Life Insurance.
Sec. 103. Expansion of individuals qualifying for retroactive benefits
from traumatic injury protection coverage
under Servicemembers' Group Life Insurance.
Sec. 104. Consideration of loss of dominant hand in prescription of
schedule of severity of traumatic injury
under Servicemembers' Group Life Insurance.
Sec. 105. Enhancement of veterans' mortgage life insurance.
TITLE II--COMPENSATION AND PENSION MATTERS
Sec. 201. Cost-of-living increase for temporary dependency and
indemnity compensation payable for
surviving spouses with dependent children
under the age of 18.
Sec. 202. Eligibility of veterans 65 years of age or older for service
pension for a period of war.
Sec. 203. Clarification of additional requirements for consideration to
be afforded time, place, and circumstances
of service in determinations regarding
service-connected disabilities.
Sec. 204. Extension of reduced pension for certain veterans covered by
Medicaid plans for services furnished by
nursing facilities.
Sec. 205. Enhancement of disability compensation for certain disabled
veterans with difficulties using prostheses
and disabled veterans in need of regular
aid and attendance for residuals of
traumatic brain injury.
Sec. 206. Commencement of period of payment of original awards of
compensation for veterans retired or
separated from the uniformed services for
catastrophic disability.
Sec. 207. Applicability of limitation to pension payable to certain
children of veterans of a period of war.
Sec. 208. Payment of dependency and indemnity compensation to survivors
of former prisoners of war who died on or
before September 30, 1999.
TITLE III--READJUSTMENT AND RELATED BENEFIT MATTERS
Sec. 301. Repeal of limitation on number of veterans enrolled in
programs of independent living services and
assistance.
Sec. 302. Eligibility of disabled veterans and members of the Armed
Forces with severe burn injuries for
automobiles and adaptive equipment.
Sec. 303. Enhancement of automobile assistance allowance for veterans.
Sec. 304. Payment of unpaid balances of Department of Veterans Affairs
guaranteed loans.
TITLE IV--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
Sec. 401. Waiver of sovereign immunity under the 11th Amendment with
respect to enforcement of USERRA.
Sec. 402. Clarifying the definition of ``successor in interest''.
Sec. 403. Clarifying that USERRA prohibits wage discrimination against
members of the Armed Forces.
Sec. 404. Requirement that Federal agencies provide notice to
contractors of potential USERRA
obligations.
Sec. 405. Comptroller General of the United States study on
effectiveness of Federal programs of
education and outreach on employer
obligations under USERRA.
Sec. 406. Technical amendments.
TITLE V--BURIAL AND MEMORIAL MATTERS
Sec. 501. Increase in certain burial and funeral benefits and plot
allowances for veterans.
TITLE VI--OTHER MATTERS
Sec. 601. National Academies review of best treatments for Gulf War
Illness.
Sec. 602. Extension of National Academy of Sciences reviews and
evaluations regarding illness and service
in Persian Gulf War.
Sec. 603. Extension of authority for regional office in Republic of the
Philippines.
Sec. 604. Aggregate amount of educational assistance available to
individuals who receive both survivors' and
dependents educational assistance and other
veterans and related educational
assistance.
Sec. 605. Technical correction.
SEC. 2. REFERENCE TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
TITLE I--INSURANCE MATTERS
SEC. 101. INCREASE IN AMOUNT OF SUPPLEMENTAL INSURANCE FOR TOTALLY
DISABLED VETERANS.
Section 1922A(a) is amended by striking ``$20,000'' and inserting
``$30,000''.
SEC. 102. ADJUSTMENT OF COVERAGE OF DEPENDENTS UNDER SERVICEMEMBERS'
GROUP LIFE INSURANCE.
Clause (ii) of section 1968(a)(5)(B) is amended to read as follows:
``(ii)(I) in the case of a member of the
Ready Reserve of a uniformed service who meets
the qualifications set forth in subparagraph
(B) or (C) of section 1965(5) of this title,
120 days after separation or release from such
assignment; or
``(II) in the case of any other member of
the uniformed services, 120 days after the date
of the member's separation or release from the
uniformed services; or''.
SEC. 103. EXPANSION OF INDIVIDUALS QUALIFYING FOR RETROACTIVE BENEFITS
FROM TRAUMATIC INJURY PROTECTION COVERAGE UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE.
(a) In General.--Paragraph (1) of section 501(b) of the Veterans'
Housing Opportunity and Benefits Improvement Act of 2006 (Public Law
109-233; 120 Stat. 414; 38 U.S.C. 1980A note) is amended by striking
``, if, as determined by the Secretary concerned, that loss was a
direct result of a traumatic injury incurred in the theater of
operations for Operation Enduring Freedom or Operation Iraqi Freedom''.
(b) Conforming Amendment.--The heading of such section is amended
by striking ``in Operation Enduring Freedom and Operation Iraqi
Freedom''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2010.
SEC. 104. CONSIDERATION OF LOSS OF DOMINANT HAND IN PRESCRIPTION OF
SCHEDULE OF SEVERITY OF TRAUMATIC INJURY UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE.
(a) In General.--Section 1980A(d) is amended--
(1) by striking ``Payments under'' and inserting ``(1)
Payments under''; and
(2) by adding at the end the following new paragraph:
``(2) As the Secretary considers appropriate, the schedule required
by paragraph (1) may distinguish in specifying payments for qualifying
losses between the severity of a qualifying loss of a dominant hand and
a qualifying loss of a nondominant hand.''.
(b) Payments for Qualifying Losses Incurred Before Date of
Enactment.--
(1) In general.--The Secretary of Veterans Affairs shall
prescribe in regulations mechanisms for payments under section
1980A of title 38, United States Code, for qualifying losses
incurred before the date of the enactment of this Act by reason
of the requirements of paragraph (2) of subsection (d) of such
section (as added by subsection (a)(2) of this section).
(2) Qualifying loss defined.--In this subsection, the term
``qualifying loss'' means--
(A) a loss specified in the second sentence of
subsection (b)(1) of section 1980A of title 38, United
States Code; and
(B) any other loss specified by the Secretary of
Veterans Affairs pursuant to the first sentence of that
subsection.
SEC. 105. ENHANCEMENT OF VETERANS' MORTGAGE LIFE INSURANCE.
(a) In General.--Section 2106(b) is amended by striking ``$90,000''
and inserting ``$150,000, or $200,000 after January 1, 2012,''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2010.
TITLE II--COMPENSATION AND PENSION MATTERS
SEC. 201. COST-OF-LIVING INCREASE FOR TEMPORARY DEPENDENCY AND
INDEMNITY COMPENSATION PAYABLE FOR SURVIVING SPOUSES WITH
DEPENDENT CHILDREN UNDER THE AGE OF 18.
Section 1311(f) is amended--
(1) in paragraph (1), by inserting ``(as increased from
time to time under paragraph (4))'' after ``$250'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Whenever there is an increase in benefit amounts payable
under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a
result of a determination made under section 215(i) of such Act (42
U.S.C. 415(i)), the Secretary shall, effective on the date of such
increase in benefit amounts, increase the amount payable under
paragraph (1), as such amount was in effect immediately prior to the
date of such increase in benefit amounts, by the same percentage as the
percentage by which such benefit amounts are increased. Any increase in
a dollar amount under this paragraph shall be rounded down to the next
lower whole dollar amount.''.
SEC. 202. ELIGIBILITY OF VETERANS 65 YEARS OF AGE OR OLDER FOR SERVICE
PENSION FOR A PERIOD OF WAR.
(a) In General.--Section 1513 is amended--
(1) in subsection (a), by striking ``by section 1521'' and
all that follows and inserting ``by subsection (b), (c),
(f)(1), (f)(5), or (g) of that section, as the case may be and
as increased from time to time under section 5312 of this
title.'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) The conditions in subsections (h) and (i) of section 1521 of
this title shall apply to determinations of income and maximum payments
of pension for purposes of this section.''.
(b) Applicability.--The amendments made by this section shall apply
with respect to any claim for pension filed on or after the date of the
enactment of this Act.
SEC. 203. CLARIFICATION OF ADDITIONAL REQUIREMENTS FOR CONSIDERATION TO
BE AFFORDED TIME, PLACE, AND CIRCUMSTANCES OF SERVICE IN
DETERMINATIONS REGARDING SERVICE-CONNECTED DISABILITIES.
(a) In General.--Subsection (a) of section 1154 is amended to read
as follows:
``(a) The Secretary shall include in the regulations pertaining to
service-connection of disabilities the following:
``(1) Provisions requiring that, in each case where a
veteran is seeking service-connection for any disability, due
consideration shall be given to the places, types, and
circumstances of such veteran's service as shown by--
``(A) such veteran's service record;
``(B) the official history of each organization in
which such veteran served;
``(C) such veteran's medical records; and
``(D) all pertinent medical and lay evidence.
``(2) Provisions generally recognizing circumstances in
which lay evidence consistent with the place, conditions,
dangers, or hardships associated with particular military
service does not require confirmatory official documentary
evidence in order to establish the occurrence of an event or
exposure during active military, naval, or air service.
``(3) The provisions required by section 5 of the Veterans'
Dioxin and Radiation Exposure Compensation Standards Act
(Public Law 98-542; 98 Stat. 2727).''.
(b) Regulations.--
(1) In general.--Not later than 210 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall promulgate regulations to implement section 1154(a)(2) of
title 38, United States Code, as added by subsection (a).
(2) Interim regulations.--In the case that the Secretary is
unable to promulgate final regulations under paragraph (1) on
or before the date that is 210 days after the date of the
enactment of this Act, the Secretary shall promulgate interim
regulations on or before such date to be in effect until such
time as the Secretary promulgates final regulations.
SEC. 204. EXTENSION OF REDUCED PENSION FOR CERTAIN VETERANS COVERED BY
MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING
FACILITIES.
Section 5503(d)(7) is amended by striking ``September 30, 2011''
and inserting ``April 30, 2016''.
SEC. 205. ENHANCEMENT OF DISABILITY COMPENSATION FOR CERTAIN DISABLED
VETERANS WITH DIFFICULTIES USING PROSTHESES AND DISABLED
VETERANS IN NEED OF REGULAR AID AND ATTENDANCE FOR
RESIDUALS OF TRAUMATIC BRAIN INJURY.
(a) Veterans Suffering Anatomical Loss of Hands, Arms, or Legs.--
Section 1114 is amended--
(1) in subsection (m)--
(A) by striking ``at a level, or with
complications,'' and inserting ``with factors''; and
(B) by striking ``at levels, or with
complications,'' and inserting ``with factors'';
(2) in subsection (n)--
(A) by striking ``at levels, or with
complications,'' and inserting ``with factors'';
(B) by striking ``so near the hip as to'' and
inserting ``with factors that''; and
(C) by striking ``so near the shoulder and hip as
to'' and inserting ``with factors that''; and
(3) in subsection (o), by striking ``so near the shoulder
as to'' and inserting ``with factors that''.
(b) Veterans With Service-Connected Disabilities in Need of Regular
Aid and Attendance for Residuals of Traumatic Brain Injury.--
(1) In general.--Such section is further amended--
(A) in subsection (p), by striking the semicolon at
the end and inserting a period; and
(B) by adding at the end the following new
subsection:
``(t) Subject to section 5503(c) of this title, if any veteran, as
the result of service-connected disability, is in need of regular aid
and attendance for the residuals of traumatic brain injury, is not
eligible for compensation under subsection (r)(2), and in the absence
of such regular aid and attendance would require hospitalization,
nursing home care, or other residential institutional care, the veteran
shall be paid, in addition to any other compensation under this
section, a monthly aid and attendance allowance equal to the rate
described in subsection (r)(2), which for purposes of section 1134 of
this title shall be considered as additional compensation payable for
disability. An allowance authorized under this subsection shall be paid
in lieu of any allowance authorized by subsection (r)(1).''.
(2) Conforming amendment.--Section 5503(c) is amended by
striking ``in section 1114(r)'' and inserting ``in subsection
(r) or (t) of section 1114''.
(c) Effective Date.--The amendments made by this section shall take
effect on August 31, 2010.
SEC. 206. COMMENCEMENT OF PERIOD OF PAYMENT OF ORIGINAL AWARDS OF
COMPENSATION FOR VETERANS RETIRED OR SEPARATED FROM THE
UNIFORMED SERVICES FOR CATASTROPHIC DISABILITY.
(a) Commencement of Period of Payment.--Subsection (a) of section
5111 is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) in paragraph (1), as designated by paragraph (1) of
this subsection, by striking ``in subsection (c) of this
section'' and inserting ``in paragraph (2) of this subsection
and subsection (c)''; and
(3) by adding at the end the following new paragraph:
``(2)(A) In the case of a veteran who is retired or separated from
the active military, naval, or air service for a catastrophic
disability or disabilities, payment of monetary benefits based on an
award of compensation based on an original claim shall be made as of
the date on which such award becomes effective as provided under
section 5110 of this title or another applicable provision of law.
``(B) In this paragraph, the term `catastrophic disability', with
respect to a veteran, means a permanent, severely disabling injury,
disorder, or disease that compromises the ability of the veteran to
carry out the activities of daily living to such a degree that the
veteran requires personal or mechanical assistance to leave home or
bed, or requires constant supervision to avoid physical harm to self or
others.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply
with respect to awards of compensation based on original claims that
become effective on or after that date.
(c) Technical Correction Regarding Waiver of Retired Pay.--Section
5305 is amended by striking ``section 1414'' and inserting ``sections
1212(d)(2) and 1414''.
SEC. 207. APPLICABILITY OF LIMITATION TO PENSION PAYABLE TO CERTAIN
CHILDREN OF VETERANS OF A PERIOD OF WAR.
Section 5503(d)(5) is amended--
(1) by inserting ``(A)'' after ``(5)''; and
(2) by adding at the end the following new subparagraph:
``(B) The provisions of this subsection shall apply
with respect to a child entitled to pension under
section 1542 of this title in the same manner as they
apply to a veteran having neither spouse nor child.''.
SEC. 208. PAYMENT OF DEPENDENCY AND INDEMNITY COMPENSATION TO SURVIVORS
OF FORMER PRISONERS OF WAR WHO DIED ON OR BEFORE
SEPTEMBER 30, 1999.
Section 1318(b)(3) is amended by striking ``who died after
September 30, 1999,''.
TITLE III--READJUSTMENT AND RELATED BENEFIT MATTERS
SEC. 301. REPEAL OF LIMITATION ON NUMBER OF VETERANS ENROLLED IN
PROGRAMS OF INDEPENDENT LIVING SERVICES AND ASSISTANCE.
(a) In General.--Section 3120 is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(b) Conforming Amendment.--Subsection (a) of such section is
amended by striking ``described in subsection (f)'' and inserting
``described in subsection (e)''.
SEC. 302. ELIGIBILITY OF DISABLED VETERANS AND MEMBERS OF THE ARMED
FORCES WITH SEVERE BURN INJURIES FOR AUTOMOBILES AND
ADAPTIVE EQUIPMENT.
(a) Eligibility.--Paragraph (1) of section 3901 is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``in subclause (i), (ii), or (iii) below'' and
inserting ``in clause (i), (ii), (iii), or (iv) of this
subparagraph''; and
(B) by adding at the end the following new clause:
``(iv) A severe burn injury (as determined pursuant
to regulations prescribed by the Secretary).''; and
(2) in subparagraph (B), by striking ``subclause (i), (ii),
or (iii) of clause (A) of this paragraph'' and inserting
``clause (i), (ii), (iii), or (iv) of subparagraph (A)''.
(b) Stylistic Amendments.--Such section is further amended--
(1) in the matter preceding paragraph (1), by striking
``chapter--'' and inserting ``chapter:'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``means--'' and inserting ``means the
following:'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``any veteran'' and inserting ``Any
veteran'';
(ii) in clauses (i) and (ii), by striking
the semicolon at the end and inserting a
period; and
(iii) in clause (iii), by striking ``; or''
and inserting a period; and
(C) in subparagraph (B), by striking ``any member''
and inserting ``Any member''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2010.
SEC. 303. ENHANCEMENT OF AUTOMOBILE ASSISTANCE ALLOWANCE FOR VETERANS.
(a) Increase in Amount of Allowance.--Subsection (a) of section
3902 is amended by striking ``$11,000'' and inserting ``$22,500 (as
adjusted from time to time under subsection (e))''.
(b) Annual Adjustment.--Such section is further amended by adding
at the end the following new subsection:
``(e)(1) Effective on October 1 of each year (beginning in 2011),
the Secretary shall increase the dollar amount in effect under
subsection (a) to an amount equal to 80 percent of the average retail
cost of new automobiles for the preceding calendar year.
``(2) The Secretary shall establish the method for determining the
average retail cost of new automobiles for purposes of this subsection.
The Secretary may use data developed in the private sector if the
Secretary determines the data is appropriate for purposes of this
subsection.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2010.
SEC. 304. PAYMENT OF UNPAID BALANCES OF DEPARTMENT OF VETERANS AFFAIRS
GUARANTEED LOANS.
Section 3732(a)(2) is amended--
(1) by striking ``Before suit'' and inserting ``(A) Before
suit''; and
(2) by adding at the end the following new subparagraph:
``(B) In the event that a housing loan guaranteed under this
chapter is modified under the authority provided under section 1322(b)
of title 11, the Secretary may pay the holder of the obligation the
unpaid balance of the obligation due as of the date of the filing of
the petition under title 11 plus accrued interest, but only upon the
assignment, transfer, and delivery to the Secretary (in a form and
manner satisfactory to the Secretary) of all rights, interest, claims,
evidence, and records with respect to the housing loan.''.
TITLE IV--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
SEC. 401. WAIVER OF SOVEREIGN IMMUNITY UNDER THE 11TH AMENDMENT WITH
RESPECT TO ENFORCEMENT OF USERRA.
(a) In General.--Section 4323 is amended--
(1) in subsection (b) by striking paragraph (2) and
inserting the following new paragraph:
``(2) In the case of an action against a State (as an employer) by
a person, the action may be brought in the appropriate district court
of the United States or State court of competent jurisdiction.'';
(2) by redesignating subsection (i) as subsection (j); and
(3) by inserting after subsection (h) the following new
subsection (i):
``(i) Waiver of State Sovereign Immunity.--(1) A State's receipt or
use of Federal financial assistance for any program or activity of a
State shall constitute a waiver of sovereign immunity, under the 11th
amendment to the Constitution or otherwise, to a suit brought by--
``(A) a person who is or was an employee in that program or
activity for the rights or benefits authorized the person by
this chapter;
``(B) a person applying to be such an employee in that
program or activity for the rights or benefits authorized the
person by this chapter; or
``(C) a person seeking reemployment as an employee in that
program or activity for the rights or benefits authorized the
person by this chapter.
``(2) In this subsection, the term `program or activity' has the
meaning given that term in section 309 of the Age Discrimination Act of
1975 (42 U.S.C. 6107).''.
(b) Application.--The amendments made by subsection (a) shall apply
to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) all actions or complaints filed under such chapter 43
that are commenced after the date of the enactment of this Act.
SEC. 402. CLARIFYING THE DEFINITION OF ``SUCCESSOR IN INTEREST''.
(a) In General.--Section 4303(4) is amended by adding at the end
the following new subparagraph:
``(D)(i) Whether the term `successor in interest' applies
with respect to an entity described in subparagraph (A) for
purposes of clause (iv) of such subparagraph shall be
determined on a case-by-case basis using a multi-factor test
that considers the following factors:
``(I) Substantial continuity of business
operations.
``(II) Use of the same or similar facilities.
``(III) Continuity of work force.
``(IV) Similarity of jobs and working conditions.
``(V) Similarity of supervisory personnel.
``(VI) Similarity of machinery, equipment, and
production methods.
``(VII) Similarity of products or services.
``(ii) The entity's lack of notice or awareness of a
potential or pending claim under this chapter at the time of a
merger, acquisition, or other form of succession shall not be
considered when applying the multi-factor test under clause
(i).''.
(b) Application.--The amendment made by subsection (a) shall apply
to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) all actions or complaints filed under such chapter 43
that are pending on or after the date of the enactment of this
Act.
SEC. 403. CLARIFYING THAT USERRA PROHIBITS WAGE DISCRIMINATION AGAINST
MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 4303(2) is amended by striking ``other
than'' and inserting ``including''.
(b) Application.--The amendment made by subsection (a) shall apply
to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) all actions or complaints filed under such chapter 43
that are pending on or after the date of the enactment of this
Act.
SEC. 404. REQUIREMENT THAT FEDERAL AGENCIES PROVIDE NOTICE TO
CONTRACTORS OF POTENTIAL USERRA OBLIGATIONS.
(a) Civilian Agencies.--The Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by adding at
the end the following new section:
``SEC. 318. NOTICE TO CONTRACTORS OF POTENTIAL OBLIGATIONS RELATING TO
EMPLOYMENT AND REEMPLOYMENT OF MEMBERS OF THE ARMED
FORCES.
``Each contract for the procurement of property or services that is
entered into by the head of an executive agency shall include a notice
to the contractor that the contractor may have obligations under
chapter 43 of title 38, United States Code.''.
(b) Armed Forces.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2334. Notice to contractors of potential obligations relating to
employment and reemployment of members of the armed
forces
``Each contract for the procurement of property or services that is
entered into by the head of an executive agency shall include a notice
to the contractor that the contractor may have obligations under
chapter 43 of title 38.''.
(2) Clerical amendment.--The table of sections for such
chapter is amended by adding at the end the following new item:
``2334. Notice to contractors of potential obligations relating to
employment and reemployment of members of
the armed forces.''.
SEC. 405. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON
EFFECTIVENESS OF FEDERAL PROGRAMS OF EDUCATION AND
OUTREACH ON EMPLOYER OBLIGATIONS UNDER USERRA.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study on the effectiveness of Federal programs of
education and outreach on employer obligations under chapter 43 of
title 38, United States Code.
(b) Contents of Study.--In carrying out the study required by
subsection (a), the Comptroller General shall--
(1) assess current practices and procedures of Federal
agencies for educating employers about their obligations under
chapter 43 of title 38, United States Code;
(2) identify best practices for bringing the employment
practices of small businesses into compliance with such
chapter;
(3) determine whether the Employer Support for the Guard
and Reserve, the Small Business Administration, or other
agencies could collaborate to develop a program to educate
employers regarding their obligations under such chapter; and
(4) determine the effect on recruitment and retention in
the National Guard and Reserves of the failure of employers to
meet their reemployment obligations under such chapter.
(c) Report to Congress.--Not later than June 30, 2010, the
Comptroller General shall submit to Congress a report on the study
conducted under subsection (a), including the following:
(1) The findings of the Comptroller General with respect to
such study.
(2) The recommendations of the Comptroller General for the
improvement of education and outreach for employers with
respect to their obligations under chapter 43 of title 38,
United States Code.
SEC. 406. TECHNICAL AMENDMENTS.
(a) Amendment to Congressional Accountability Act of 1995.--Section
206(b) of the Congressional Accountability Act of 1995 (2 U.S.C.
1316(b)) is amended by striking ``under paragraphs (1), (2)(A), and (3)
of section 4323(c) of title 38, United States Code'' and inserting
``under section 4323(d) of title 38, United States Code''.
(b) Amendment to Section 416 of Title 3, United States Code.--
Section 416(b) of title 3, United States Code, is amended by striking
``under paragraphs (1) and (2)(A) of section 4323(c) of title 38'' and
inserting ``under section 4323(d) of title 38''.
(c) Amendment to Section 4324 of Title 38, United States Code.--
Section 4324(b)(4) of title 38, United States Code, is amended by
inserting before the period the following: ``declining to initiate an
action and represent the person before the Merit Systems Protection
Board''.
TITLE V--BURIAL AND MEMORIAL MATTERS
SEC. 501. INCREASE IN CERTAIN BURIAL AND FUNERAL BENEFITS AND PLOT
ALLOWANCES FOR VETERANS.
(a) Increase in Burial and Funeral Expenses for Deaths in
Department Facilities.--Section 2303(a)(1)(A) is amended by striking
``$300'' and inserting ``$745 (as increased from time to time under
subsection (c))''.
(b) Increase in Amount of Plot Allowances.--Section 2303(b) is
amended by striking ``$300'' each place it appears and inserting ``$745
(as increased from time to time under subsection (c))''.
(c) Annual Adjustment.--Section 2303 is amended by adding at the
end the following new subsection:
``(c) With respect to any fiscal year, the Secretary shall provide
a percentage increase (rounded to the nearest dollar) in the burial and
funeral expenses under subsection (a) and in the plot allowance under
subsection (b), equal to the percentage by which--
``(1) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the June 30
preceding the beginning of the fiscal year for which the
increase is made, exceeds
``(2) the Consumer Price Index for the 12-month period
preceding the 12-month period described in paragraph (1).''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
deaths occurring on or after October 1, 2010.
(2) Prohibition on cost-of-living adjustment for fiscal
year 2011.--No adjustments shall be made under section 2303(c)
of title 38, United States Code, as added by subsection (c),
for fiscal year 2011.
TITLE VI--OTHER MATTERS
SEC. 601. NATIONAL ACADEMIES REVIEW OF BEST TREATMENTS FOR GULF WAR
ILLNESS.
(a) In General.--The Secretary of Veterans Affairs shall enter into
a contract with the Institute of Medicine of the National Academies to
conduct a comprehensive review of the best treatments for Gulf War
Illness.
(b) Group of Medical Professionals.--In conducting the study
required under subsection (a), the Institute of Medicine shall convene
a group of medical professionals who are experienced in treating
individuals diagnosed with Gulf War illness as follows:
(1) Members of the Armed Forces who served during the
Persian Gulf War in the Southwest Asia theater of operations.
(2) Members of the Armed Forces who served in the Post 9/11
Global Operations theaters.
(c) Reports.--The contract required by subsection (a) shall require
the Institute of Medicine to submit to the Secretary and to the
appropriate committees of Congress a report on the review required
under subsection (a) not later than December 31, 2011. The final report
shall include such recommendations for legislative or administrative
action as the Institute considers appropriate in light of the results
of the review.
(d) Funding.--The Secretary shall provide the Institute of Medicine
with such funds as are necessary to ensure the timely completion of the
review required under subsection (a).
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs of the
Senate; and
(B) the Committee on Veterans' Affairs of the House
of Representatives.
(2) Gulf war illness.--The term ``Gulf War Illness'' means
a medically unexplained chronic multisymptom illness, such as
chronic fatigue syndrome, fibromyalgia, and irritable bowel
syndrome, that is defined by a cluster of signs or symptoms
relating to service in the Persian Gulf War or Post 9/11 Global
Operations theaters.
(3) Persian gulf war.--The term ``Persian Gulf War'' has
the meaning given that term in section 101(33) of title 38,
United States Code.
(4) Post 9/11 global operations theaters.--The term ``Post
9/11 Global Operations theaters'' means Afghanistan, Iraq, or
any other theater in which the Global War on Terrorism
Expeditionary Medal is awarded for service.
SEC. 602. EXTENSION OF NATIONAL ACADEMY OF SCIENCES REVIEWS AND
EVALUATIONS REGARDING ILLNESS AND SERVICE IN PERSIAN GULF
WAR.
(a) Review and Evaluation of Toxic Drugs and Illnesses Associated
With Persian Gulf War.--Section 1603(j) of the Persian Gulf War
Veterans Act of 1998 (38 U.S.C. 1117 note) is amended by striking
``October 1, 2010'' and inserting ``October 1, 2015''.
(b) Review and Evaluation of Available Evidence Regarding Illness
and Service in Persian Gulf War.--
(1) In general.--Section 101(j) of the Veterans Programs
Enhancement Act of 1998 (Public Law 105-368; 112 Stat. 3321) is
amended by striking ``11 years after'' and all that follows
through ``under subsection (b)'' and inserting ``on October 1,
2018''.
(2) Conforming amendment.--Section 1604 of the Persian Gulf
War Veterans Act of 1998 (Public Law 105-277; 38 U.S.C. 1117
note) is repealed.
SEC. 603. EXTENSION OF AUTHORITY FOR REGIONAL OFFICE IN REPUBLIC OF THE
PHILIPPINES.
Section 315(b) is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2011''.
SEC. 604. AGGREGATE AMOUNT OF EDUCATIONAL ASSISTANCE AVAILABLE TO
INDIVIDUALS WHO RECEIVE BOTH SURVIVORS' AND DEPENDENTS
EDUCATIONAL ASSISTANCE AND OTHER VETERANS AND RELATED
EDUCATIONAL ASSISTANCE.
(a) Aggregate Amount Available.--Section 3695 is amended--
(1) in subsection (a)(4), by striking ``35,''; and
(2) by adding at the end the following new subsection:
``(c) The aggregate period for which any person may receive
assistance under chapter 35 of this title, on the one hand, and any of
the provisions of law referred to in subsection (a), on the other hand,
may not exceed 81 months (or the part-time equivalent thereof).''.
(b) Applicability.--The amendment made by subsection (a) shall take
effect on October 1, 2010, and shall not operate to revive any
entitlement to assistance under chapter 35 of title 38, United States
Code, or the provisions of law referred to in section 3695(a) of such
title, as in effect on the day before such date, that was terminated by
reason of the operation of section 3695(a) of such title, as so in
effect, before such date.
(c) Revival of Entitlement Reduced by Prior Utilization of Chapter
35 Assistance.--
(1) In general.--Subject to paragraph (2), in the case of
an individual whose period of entitlement to assistance under a
provision of law referred to in section 3695(a) of title 38,
United States Code (other than chapter 35 of such title), as in
effect on September 30, 2010, was reduced under such section
3695(a), as so in effect, by reason of the utilization of
entitlement to assistance under chapter 35 of such title before
October 1, 2010, the period of entitlement to assistance of
such individual under such provision shall be determined
without regard to any entitlement so utilized by the individual
under chapter 35 of such title.
(2) Limitation.--The maximum period of entitlement to
assistance of an individual under paragraph (1) may not exceed
81 months.
SEC. 605. TECHNICAL CORRECTION.
Section 5503(c) is amended by striking ``veterans''' and inserting
``veteran's''.
Attest:
Secretary.
111th CONGRESS
1st Session
H.R. 1037
_______________________________________________________________________
AMENDMENT