[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3949 Engrossed in House (EH)]

111th CONGRESS
  1st Session
                                H. R. 3949

_______________________________________________________________________

                                 AN ACT


 
  To amend title 38, United States Code, and the Servicemember Civil 
   Relief Act, to make certain improvements in the laws relating to 
  benefits 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 ``Veterans' Small 
Business Assistance and Servicemembers Protection 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. References to title 38, United States Code.
             TITLE I--SMALL BUSINESS AND EDUCATION MATTERS

Sec. 101. Clarification of responsibility of Secretary of Veterans 
                            Affairs to verify small business ownership.
Sec. 102. Reauthorization of Veterans' Advisory Committee on Education.
           TITLE II--SERVICEMEMBERS CIVIL RELIEF ACT MATTERS

Sec. 201. Termination of service contracts.
Sec. 202. Residential and motor vehicle leases.
Sec. 203. Enforcement by the Attorney General and by private right of 
                            action.
                   TITLE III--OTHER BENEFITS MATTERS

Sec. 301. Improvement of outreach activities within Department of 
                            Veterans Affairs.
Sec. 302. Visual impairment and orientation and mobility professionals 
                            education assistance program.
Sec. 303. Interment in national cemeteries of parents of certain 
                            deceased veterans.

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

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 38, United States 
Code.

             TITLE I--SMALL BUSINESS AND EDUCATION MATTERS

SEC. 101. CLARIFICATION OF RESPONSIBILITY OF SECRETARY OF VETERANS 
              AFFAIRS TO VERIFY SMALL BUSINESS OWNERSHIP.

    (a) Short Title.--This section may be cited as the ``Veterans Small 
Business Verification Act''.
    (b) Clarification of Responsibility of Secretary of Veterans 
Affairs To Verify Small Business Ownership.--
            (1) Clarification.--Section 8127(f) is amended--
                    (A) in paragraph (2)--
                            (i) by inserting ``(A)'' before ``To be 
                        eligible'';
                            (ii) by inserting after ``or the veteran.'' 
                        the following new sentence: ``Application for 
                        inclusion in the database shall constitute 
                        permission under section 552a of title 5 
                        (commonly referred to as the Privacy Act) for 
                        the Secretary to access such personal 
                        information maintained by the Secretary as may 
                        be necessary to verify the information 
                        contained in the application.''; and
                            (iii) by inserting after the sentence added 
                        by subparagraph (B) the following new 
                        subparagraph:
    ``(B) If the Secretary receives an application for inclusion in the 
database from an individual whose status as a veteran cannot be 
verified because the Secretary does not maintain information with 
respect to the veteran status of the individual, the Secretary may not 
include the small business concern owned or controlled by the 
individual in the database maintained by the Secretary until the 
Secretary receives such information as may be necessary to verify that 
the individual is a veteran.''; and
                    (B) by striking paragraph (4) and inserting the 
                following new paragraph (4):
    ``(4) No small business concern may be listed in the database until 
the Secretary has verified that--
            ``(A) the small business concern is owned and controlled by 
        veterans; and
            ``(B) in the case of a small business concern for which the 
        person who owns or controls the concern indicates that the 
        person is a veteran with a service-connected disability, that 
        the person is a veteran with a service-connected disability.''.
            (2) Applicability.--In the case of a small business concern 
        included in the database as of the date of the enactment of 
        this Act for which, as of such date, the Secretary of Veterans 
        Affairs has not verified the status of such concern in 
        accordance with paragraph (4) of subsection (f) of section 8127 
        of title 38, United States Code, as amended by subsection (a), 
        not later than 60 days after the date of the enactment of this 
        Act, the Secretary shall notify the person who owns or controls 
        the concern that--
                    (A) the Secretary is required to verify the status 
                of the concern in accordance with such paragraph;
                    (B) verification of such status shall require that 
                the person who owns or controls the concern apply for 
                inclusion in the database in accordance with such 
                subsection, as so amended;
                    (C) application for inclusion in the database shall 
                constitute permission under section 552a of title 5, 
                United States Code (commonly referred to as the Privacy 
                Act), for the Secretary to access such personal 
                information maintained by the Secretary as may be 
                necessary to verify the information contained in the 
                application; and
                    (D) the person who owns or controls the concern 
                must submit to the Secretary an affirmative 
                acknowledgment of the requirement under paragraph (3) 
                within 90 days of receiving the Secretary's notice of 
                such requirement or the concern shall be removed from 
                the database.

SEC. 102. REAUTHORIZATION OF VETERANS' ADVISORY COMMITTEE ON EDUCATION.

    Section 3692(c) is amended by striking ``December 31, 2009'' and 
inserting ``December 31, 2015''.

           TITLE II--SERVICEMEMBERS CIVIL RELIEF ACT MATTERS

SEC. 201. TERMINATION OF SERVICE CONTRACTS.

    (a) In General.--Section 305A of the Servicemembers Civil Relief 
Act (50 U.S.C. App. 535a) is amended to read as follows:

``SEC. 305A. TERMINATION OF SERVICE CONTRACTS.

    ``(a) Termination by Servicemember.--A servicemember may terminate 
a contract described in subsection (c) at any time after the date the 
servicemember receives military orders--
            ``(1) to deploy with a military unit, or as an individual, 
        in support of a contingency operation for a period of not less 
        than 90 days; or
            ``(2) for a change of permanent station to a location that 
        does not support the contract.
    ``(b) Special Rule for Cellular or Telephone Exchange Service.--In 
any case in which a contract being terminated under subsection (a) or 
(d) is for cellular telephone service or telephone exchange service, 
the servicemember may keep, to the extent practicable and in accordance 
with applicable law, the telephone number the servicemember has under 
the contract for a period not to exceed 90 days after the period of 
deployment or change of permanent station has concluded.
    ``(c) Covered Contracts.--This section applies to a contract for 
cellular telephone service, telephone exchange service, multichannel 
video programming service, Internet access service, or residential 
utility service involving the provision of water, electricity, home 
heating oil, or natural gas.
    ``(d) Family Plans.--In the case of a contract for cellular 
telephone service entered into by any individual in which a 
servicemember is a designated beneficiary of such contract, the 
individual may terminate such contract--
            ``(1) with respect to the servicemember if the 
        servicemember is eligible to terminate contracts pursuant to 
        subsection (a); and
            ``(2) with respect to all of the designated beneficiaries 
        of such contract if all such beneficiaries accompany the 
        servicemember in a change of permanent station to a location 
        that does not support the contract.
    ``(e) Manner of Termination.--Termination of a contract under 
subsection (a) or (d) shall be made by delivery of a written notice of 
such termination and a copy of the servicemember's military orders to 
the service provider, delivered--
            ``(1) by hand delivery;
            ``(2) by private business carrier;
            ``(3) by facsimile; or
            ``(4) by United States mail, addressed as designated by the 
        service provider, return receipt requested, with sufficient 
        postage.
    ``(f) Date of Contract Termination.--Termination of a contract 
under subsection (a) or (d) is effective as of the date on which the 
notice under subsection (e) is delivered.
    ``(g) Other Obligations and Liabilities.--The service provider 
under the contract may not impose an early termination charge, but any 
tax or any other obligation or liability of the servicemember that, in 
accordance with the terms of the contract, is due and unpaid or 
unperformed at the time of termination of the contract shall be paid or 
performed by the servicemember. If the servicemember re-subscribes to 
the service provided under a covered contract in the 90-day period 
after the period of deployment or change of permanent station has 
concluded, the service provider may not impose a charge for reinstating 
service, other than a charge to cover any cost of installing or 
acquiring new equipment that existing customers received, and for which 
such customers paid a similar charge, during such period.
    ``(h) Return of Advance Payments.--Not later than 60 days after the 
effective date of the termination of the contract, the service provider 
shall refund to the servicemember any fee or other amount to the extent 
paid for a period extending after such date, except for the remainder 
of the monthly or similar billing period in which the termination 
occurs if it is not reasonably possible to determine a pro-rata amount 
for such remainder.
    ``(i) Definitions.--In this section:
            ``(1) The term `cellular telephone service' means 
        commercial mobile service, as that term is defined in section 
        332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).
            ``(2) The term `contingency operation' has the meaning 
        given that term by section 101(a)(13) of title 10, United 
        States Code.
            ``(3) The term `Internet access service' has the meaning 
        given that term under section 231(e)(4) of the Communications 
        Act of 1934 (47 U.S.C. 231(e)(4)).
            ``(4) The term `multichannel video programming service' 
        means video programming service provided by a multichannel 
        video programming distributor, as such term is defined in 
        section 602(13) of the Communications Act of 1934 (47 U.S.C. 
        522(13)).
            ``(5) The term `telephone exchange service' has the meaning 
        given that term under section 3 of the Communications Act of 
        1934 (47 U.S.C. 153).''.
    (b) Technical Amendment To Conform Heading of Title III to the 
Contents of the Title.--The heading for title III of such Act is 
amended by inserting ``, SERVICE CONTRACTS'' after ``LEASES''.
    (c) Clerical Amendments.--The table of contents in section 1(b) of 
such Act is amended--
            (1) by striking the item relating to title III and 
        inserting the following new item:

``TITLE III--RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, 
                    LEASES, SERVICE CONTRACTS''; and

            (2) by striking the item relating to section 305A and 
        inserting the following new item:

``Sec. 305A. Termination of service contracts.''.

SEC. 202. RESIDENTIAL AND MOTOR VEHICLE LEASES.

    Subsection (e) of section 305 of the Servicemembers Civil Relief 
Act (50 U.S.C. App. 535) is amended to read as follows:
    ``(e) Arrearages and Other Obligations and Liabilities.--
            ``(1) Leases of premises.--Rent amounts for a lease 
        described in subsection (b)(1) that are unpaid for the period 
        preceding the effective date of the lease termination shall be 
        paid on a prorated basis. The lessor may not impose an early 
        termination charge, but any taxes, summonses, or other 
        obligations and liabilities of the lessee in accordance with 
        the terms of the lease, including reasonable charges to the 
        lessee for excess wear, that are due and unpaid at the time of 
        termination of the lease shall be paid by the lessee.
            ``(2) Leases of motor vehicles.--Lease amounts for a lease 
        described in subsection (b)(2) that are unpaid for the period 
        preceding the effective date of the lease termination shall be 
        paid on a prorated basis. The lessor may not impose an early 
        termination charge, but any taxes, summonses, title and 
        registration fees, or other obligations and liabilities of the 
        lessee in accordance with the terms of the lease, including 
        reasonable charges to the lessee for excess wear or use and 
        mileage, that are due and unpaid at the time of termination of 
        the lease shall be paid by the lessee.''.

SEC. 203. ENFORCEMENT BY THE ATTORNEY GENERAL AND BY PRIVATE RIGHT OF 
              ACTION.

    (a) In General.--The Servicemembers Civil Relief Act (50 U.S.C. 
App. 501 et seq.) is amended by adding at the end the following new 
title:

                     ``TITLE VIII--CIVIL LIABILITY

``SEC. 801. ENFORCEMENT BY THE ATTORNEY GENERAL.

    ``(a) Civil Action.--The Attorney General may commence a civil 
action in any appropriate United States district court against any 
person who--
            ``(1) engages in a pattern or practice of violating this 
        Act; or
            ``(2) engages in a violation of this Act that raises an 
        issue of significant public importance.
    ``(b) Relief.--In a civil action commenced under subsection (a), 
the court may--
            ``(1) grant any appropriate equitable or declaratory relief 
        with respect to the violation;
            ``(2) award all other appropriate relief, including 
        monetary damages, to any person aggrieved by the violation; and
            ``(3) may, to vindicate the public interest, assess a civil 
        penalty--
                    ``(A) in an amount not exceeding $55,000 for a 
                first violation; and
                    ``(B) in an amount not exceeding $110,000 for any 
                subsequent violation.
    ``(c) Intervention.--Upon timely application, a person aggrieved by 
a violation with respect to which the civil action is commenced may 
intervene in such action, and may obtain such appropriate relief as the 
person could obtain in a civil action under section 802 with respect to 
that violation, along with costs and a reasonable attorney fee.

``SEC. 802. PRIVATE RIGHT OF ACTION.

    ``(a) In General.--Any person aggrieved by a violation of this Act 
may in a civil action--
            ``(1) obtain any appropriate equitable or declaratory 
        relief with respect to the violation; and
            ``(2) recover all other appropriate relief, including 
        monetary damages.
    ``(b) Costs and Attorney Fees.--The court may award to a 
servicemember who prevails in an action brought under subsection (a) 
the costs of the action, including a reasonable attorney fee.

``SEC. 803. PRESERVATION OF REMEDIES.

    ``Nothing in section 801 or 802 shall be construed to preclude or 
limit any remedy otherwise available under other law, including 
consequential and punitive damages.''.
    (b) Conforming Amendments.--Such Act is further amended as follows:
            (1) Section 207 (50 U.S.C. App. 527) is amended by striking 
        subsection (f).
            (2) Section 301(c) (50 U.S.C. App. 531(c)) is amended to 
        read as follows:
    ``(c) Misdemeanor.--Except as provided in subsection (a), a person 
who knowingly takes part in an eviction or distress described in 
subsection (a), or who knowingly attempts to do so, shall be fined as 
provided in title 18, United States Code, or imprisoned for not more 
than one year, or both.''.
            (3) Section 302(b) (50 U.S.C. App. 532(b)) is amended to 
        read as follows:
    ``(b) Misdemeanor.--A person who knowingly resumes possession of 
property in violation of subsection (a), or in violation of section 107 
of this Act, or who knowingly attempts to do so, shall be fined as 
provided in title 18, United States Code, or imprisoned for not more 
than one year, or both.''.
            (4) Section 303(d) (50 U.S.C. App. 533(d)) is amended to 
        read as follows:
    ``(d) Misdemeanor.--A person who knowingly makes or causes to be 
made a sale, foreclosure, or seizure of property that is prohibited by 
subsection (c), or who knowingly attempts to do so, shall be fined as 
provided in title 18, United States Code, or imprisoned for not more 
than one year, or both.''.
            (5) Section 305(h) (50 U.S.C. App. 535(h)) is amended to 
        read as follows:
    ``(h) Misdemeanor.--Any person who knowingly seizes, holds, or 
detains the personal effects, security deposit, or other property of a 
servicemember or a servicemember's dependent who lawfully terminates a 
lease covered by this section, or who knowingly interferes with the 
removal of such property from premises covered by such lease, for the 
purpose of subjecting or attempting to subject any of such property to 
a claim for rent accruing subsequent to the date of termination of such 
lease, or attempts to do so, shall be fined as provided in title 18, 
United States Code, or imprisoned for not more than one year, or 
both.''.
            (6) Section 306(e) (50 U.S.C. App. 536(e)) is amended to 
        read as follows:
    ``(e) Misdemeanor.--A person who knowingly takes an action contrary 
to this section, or attempts to do so, shall be fined as provided in 
title 18, United States Code, or imprisoned for not more than one year, 
or both.''.
            (7) Section 307(c) (50 U.S.C. App. 537(c)) is amended to 
        read as follows:
    ``(c) Misdemeanor.--A person who knowingly takes an action contrary 
to this section, or attempts to do so, shall be fined as provided in 
title 18, United States Code, or imprisoned for not more than one year, 
or both.''.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end the following new items:

                     ``TITLE VIII--CIVIL LIABILITY

``Sec. 801. Enforcement by the Attorney General.
``Sec. 802. Private right of action.
``Sec. 803. Preservation of remedies.''.

                   TITLE III--OTHER BENEFITS MATTERS

SEC. 301. IMPROVEMENT OF OUTREACH ACTIVITIES WITHIN DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) In General.--Chapter 5 is amended by adding at the end the 
following new subchapter:

                  ``SUBCHAPTER IV--OUTREACH ACTIVITIES

``Sec. 561. Outreach activities: coordination of activities within the 
              Department
    ``(a) Coordination Procedures.--The Secretary shall establish and 
maintain procedures for ensuring the effective coordination of the 
outreach activities of the Department between and among the following:
            ``(1) The Office of the Secretary.
            ``(2) The Office of Public Affairs.
            ``(3) The Veterans Health Administration.
            ``(4) The Veterans Benefits Administration.
            ``(5) The National Cemetery Administration.
    ``(b) Annual Review of Procedures.--The Secretary shall--
            ``(1) annually review the procedures in effect under 
        subsection (a) for the purpose of ensuring that those 
        procedures meet the requirements of that subsection; and
            ``(2) make such modifications to those procedures as the 
        Secretary considers appropriate in light of such review in 
        order to better achieve that purpose.
``Sec. 562. Outreach activities: cooperative activities with States; 
              grants to States for improvement of outreach
    ``(a) Purpose.--It is the purpose of this section to provide for 
assistance by the Secretary to State and county veterans agencies to 
carry out programs in locations within the respective jurisdictions of 
such agencies that offer a high probability of improving outreach and 
assistance to veterans, and to the spouses, children, and parents of 
veterans, to ensure that such individuals are fully informed about, and 
assisted in applying for, any veterans' and veterans-related benefits 
and programs (including State veterans' programs) for which they may be 
eligible.
    ``(b) Priority for Areas With High Concentration of Eligible 
Individuals.--In providing assistance under this section, the Secretary 
shall give priority to State and county veteran agencies in locations--
            ``(1) that have relatively large concentrations of 
        populations of veterans and other individuals referred to in 
        subsection (a); or
            ``(2) that are experiencing growth in the population of 
        veterans and other individuals referred to in subsection (a).
    ``(c) Contracts for Outreach Services.--The Secretary may enter 
into a contract with a State or county veterans agency in order to 
carry out, coordinate, improve, or otherwise enhance outreach by the 
Department and the State or county (including outreach with respect to 
a State or county veterans program). As a condition of entering into 
any such contract, the Secretary shall require the agency to submit 
annually to the Secretary a three-year plan for the use of any funds 
provided to the agency pursuant to the contract and to meet the annual 
outcome measures developed by the Secretary under subsection (d)(4).
    ``(d) Grants.--(1) The Secretary may make a grant to a State or 
county veterans agency to be used to carry out, coordinate, improve, or 
otherwise enhance--
            ``(A) outreach activities, including activities carried out 
        pursuant to a contract entered into under subsection (c); and
            ``(B) activities to assist in the development and submittal 
        of claims for veterans and veterans-related benefits, including 
        activities carried out pursuant to a contract entered into 
        under subsection (c).
    ``(2) A State veterans agency that receives a grant under this 
subsection may award all or a portion of the grant to county veterans 
agencies within the State to provide outreach services for veterans, on 
the basis of the number of veterans residing in the jurisdiction of 
each county.
    ``(3) To be eligible for a grant under this subsection, a State or 
county veterans agency shall submit to the Secretary an application 
containing such information and assurances as the Secretary may 
require. The Secretary shall require a State or county veterans agency 
to include, as part of the agency's application--
            ``(A) a three-year plan for the use of the grant; and
            ``(B) a description of the programs through which the 
        agency will meet the annual outcome measures developed by the 
        Secretary under paragraph (4).
    ``(4)(A) The Secretary shall develop and provide to the recipient 
of a grant under this subsection written guidance on annual outcome 
measures, Department policies, and procedures for applying for grants 
under this section.
    ``(B) The Secretary shall annually review the performance of each 
State or county veterans agency that receives a grant under this 
section.
    ``(C) In the case of a State or county veterans agency that is a 
recipient of a grant under this subsection that does not meet the 
annual outcome measures developed by the Secretary, the Secretary shall 
require the agency to submit a remediation plan under which the agency 
shall describe how and when it plans to meet such outcome measures. The 
Secretary must approve such plan before the Secretary may make a 
subsequent grant to that agency under this subsection.
    ``(5) No portion of any grant awarded under this subsection may be 
used for the purposes of administering the grant funds or to subsidize 
the salaries of State or county veterans service officers or other 
employees of a State or county veterans agency that receives a grant 
under this subsection.
    ``(6) Federal funds provided to a State or county veterans agency 
under this subsection may not be used to provide more than 50 percent 
of the total cost of the State or county government activities 
described in paragraph (1) and shall be used to expand existing 
outreach programs and services and not to supplant State and local 
funding that is otherwise available.
    ``(7) In awarding grants under this subsection, the Secretary shall 
give priority to State and county veterans agencies that serve the 
largest populations of veterans.
    ``(8)(A) In a case in which a county government does not have a 
county veterans agency, the county government may be awarded a grant 
under this subsection to establish such an agency.
    ``(B) In a case in which a county government does not have a county 
veterans agency and does not seek to establish such an agency through 
the use of a grant under this subsection, the State veterans agency for 
the State in which the county is located may use a grant under this 
section to provide outreach services for that county.
    ``(C) In the case of a State in which no State or county veterans 
agency seeks to receive a grant under this subsection, the funds that 
would otherwise be allocated for that State shall be reallocated to 
those States in which county veterans agencies exist and have sought 
grants under this subsection.
    ``(9) A grant under this subsection may be used to provide 
education and training, including on-the-job training, for State, 
county, and local government employees who provide (or when trained 
will provide) veterans outreach services in order for those employees 
to obtain accreditation in accordance with procedures approved by the 
Secretary and, for employees so accredited, for purposes of continuing 
education.
    ``(e) Definitions.--For the purposes of this section:
    ``(1) The term `State veterans agency' means the element of the 
government of a State that has responsibility for programs and 
activities of that State government relating to veterans benefits.
    ``(2) The term `county veterans agency' means the element of the 
government of a county or municipality that has responsibility for 
programs and activities of that county or municipal government relating 
to veterans benefits.
``Sec. 563. Outreach activities: funding
    ``(a) Separate Account.--Amounts for the outreach activities of the 
Department under this subchapter shall be budgeted and appropriated 
through a separate appropriation account.
    ``(b) Separate Statement of Amount.--In the budget justification 
materials submitted to Congress in support of the Department budget for 
any fiscal year (as submitted with the budget of the President under 
section 1105(a) of title 31), the Secretary shall include a separate 
statement of the amount requested to be appropriated for that fiscal 
year for the account specified in subsection (a).
``Sec. 564. Definition of outreach
    ``For purposes of this subchapter, the term `outreach' means the 
act or process of taking steps in a systematic manner to provide 
information, services, and benefits counseling to veterans, and the 
survivors of veterans, who may be eligible to receive benefits under 
the laws administered by the Secretary to ensure that those individuals 
are fully informed about, and assisted in applying for, any benefits 
and programs under such laws for which they may be eligible.
``Sec. 565. Authorization of appropriations
    ``There is authorized to be appropriated to the Secretary for each 
of fiscal years 2011, 2012, and 2013, $25,000,000 to carry out this 
subchapter, including making grants under section 562(d) of this 
title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new items:

                  ``subchapter iv--outreach activities

``561. Outreach activities: coordination of activities within the 
                            Department.
``562. Outreach activities: cooperative activities with States; grants 
                            to States for improvement of outreach.
``563. Outreach activities: funding.
``564. Definition of outreach.
``565. Authorization of appropriations.''.
    (c) Deadline for Implementation.--The Secretary of Veterans Affairs 
shall implement the outreach activities required under subchapter IV of 
chapter 5 of title 38, United States Code, as added by subsection (a), 
by not later than 120 days after the date of the enactment of this Act.

SEC. 302. VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS 
              EDUCATION ASSISTANCE PROGRAM.

    (a) Establishment of Program.--Part V is amended by adding at the 
end the following new chapter:

     ``CHAPTER 80--VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY 
               PROFESSIONALS EDUCATION ASSISTANCE PROGRAM

``Sec.
``8001. Establishment of scholarship program; purpose.
``8002. Application and acceptance.
``8003. Amount of assistance; duration.
``8004. Agreement.
``8005. Repayment for failure to satisfy requirements of agreement.
``Sec. 8001. Establishment of scholarship program; purpose
    ``(a) Establishment.--Subject to the availability of 
appropriations, the Secretary shall establish and carry out a 
scholarship program to provide financial assistance in accordance with 
this chapter to an individual--
            ``(1) who is accepted for enrollment or currently enrolled 
        in a program of study leading to a degree or certificate in 
        visual impairment or orientation and mobility, or a dual degree 
        or certification in both such areas, at an accredited (as 
        determined by the Secretary) educational institution that is in 
        a State; and
            ``(2) who enters into an agreement with the Secretary as 
        described in section 8004 of this chapter.
    ``(b) Purpose.--The purpose of the scholarship program established 
under this chapter is to increase the supply of qualified blind 
rehabilitation specialists for the Department and the Nation.
    ``(c) Outreach.--The Secretary shall publicize the scholarship 
program established under this chapter to educational institutions 
throughout the United States, with an emphasis on disseminating 
information to such institutions with high numbers of Hispanic students 
and to Historically Black Colleges and Universities.
``Sec. 8002. Application and acceptance
    ``(a) Application.--(1) To apply and participate in the scholarship 
program under this chapter, an individual shall submit to the Secretary 
an application for such participation together with an agreement 
described in section 8004 of this chapter under which the participant 
agrees to serve a period of obligated service in the Department as 
provided in the agreement in return for payment of educational 
assistance as provided in the agreement.
    ``(2) In distributing application forms and agreement forms to 
individuals desiring to participate in the scholarship program, the 
Secretary shall include with such forms the following:
            ``(A) A fair summary of the rights and liabilities of an 
        individual whose application is approved (and whose agreement 
        is accepted) by the Secretary.
            ``(B) A full description of the terms and conditions that 
        apply to participation in the scholarship program and service 
        in the Department.
    ``(b) Approval.--(1) Upon the Secretary's approval of an 
individual's participation in the scholarship program, the Secretary 
shall, in writing, promptly notify the individual of that acceptance.
    ``(2) An individual becomes a participant in the scholarship 
program upon such approval by the Secretary.
``Sec. 8003. Amount of assistance; duration
    ``(a) Amount of Assistance.--The amount of the financial assistance 
provided for an individual under this chapter shall be the amount 
determined by the Secretary as being necessary to pay the tuition and 
fees of the individual. In the case of an individual enrolled in a 
program of study leading to a dual degree or certification in both the 
areas of study described in section 8001(a)(1) of this chapter, the 
tuition and fees shall not exceed the amounts necessary for the minimum 
number of credit hours to achieve such dual certification or degree.
    ``(b) Relationship to Other Assistance.--Financial assistance may 
be provided to an individual under this chapter to supplement other 
educational assistance to the extent that the total amount of 
educational assistance received by the individual during an academic 
year does not exceed the total tuition and fees for such academic year.
    ``(c) Maximum Amount of Assistance.--(1) In no case may the total 
amount of assistance provided under this chapter for an academic year 
to an individual who is a full-time student exceed $15,000.
    ``(2) In the case of an individual who is a part-time student, the 
total amount of assistance provided under this chapter shall bear the 
same ratio to the amount that would be paid under paragraph (1) if the 
participant were a full-time student in the program of study being 
pursued by the individual as the coursework carried by the individual 
to full-time coursework in that program of study.
    ``(3) In no case may the total amount of assistance provided to an 
individual under this chapter exceed $45,000.
    ``(d) Maximum Duration of Assistance.--The Secretary may provide 
financial assistance to an individual under this chapter for not more 
than six years.
``Sec. 8004. Agreement
    ``An agreement between the Secretary and a participant in the 
scholarship program under this chapter shall be in writing, shall be 
signed by the participant, and shall include--
            ``(1) the Secretary's agreement to provide the participant 
        with financial assistance as authorized under this chapter;
            ``(2) the participant's agreement--
                    ``(A) to accept such financial assistance;
                    ``(B) to maintain enrollment and attendance in the 
                program of study described in section 8001(a)(1) of 
                this chapter;
                    ``(C) while enrolled in such program, to maintain 
                an acceptable level of academic standing (as determined 
                by the educational institution offering such program 
                under regulations prescribed by the Secretary); and
                    ``(D) after completion of the program, to serve as 
                a full-time employee in the Department for a period of 
                three years, to be served within the first six years 
                after the participant has completed such program and 
                received a degree or certificate described in section 
                8001(a)(1) of this chapter; and
            ``(3) any other terms and conditions that the Secretary 
        determines appropriate for carrying out this chapter.
``Sec. 8005. Repayment for failure to satisfy requirements of agreement
    ``(a) In General.--An individual who receives educational 
assistance under this chapter shall repay to the Secretary an amount 
equal to the unearned portion of such assistance if the individual 
fails to satisfy the requirements of the agreement entered into under 
section 8004 of this chapter, except in circumstances authorized by the 
Secretary.
    ``(b) Amount of Repayment.--The Secretary shall establish, by 
regulations, procedures for determining the amount of the repayment 
required under this subsection and the circumstances under which an 
exception to the required repayment may be granted.
    ``(c) Waiver or Suspension of Compliance.--The Secretary shall 
prescribe regulations providing for the waiver or suspension of any 
obligation of an individual for service or payment under this chapter 
(or an agreement under this chapter) whenever noncompliance by the 
individual is due to circumstances beyond the control of the individual 
or whenever the Secretary determines that the waiver or suspension of 
compliance is in the best interest of the United States.
    ``(d) Obligation as Debt to United States.--An obligation to repay 
the Secretary under this section is, for all purposes, a debt owed the 
United States. A discharge in bankruptcy under title 11 does not 
discharge a person from such debt if the discharge order is entered 
less than five years after the date of the termination of the agreement 
or contract on which the debt is based.''.
    (b) Clerical Amendments.--The tables of chapters at the beginning 
of title 38, United States Code, and of part V of such title, are each 
amended by inserting after the item relating to chapter 79 the 
following new item:

``80. Visual Impairment and Orientation and Mobility            8001''.
                            Professionals Education 
                            Assistance Program.
    (c) Effective Date.--The Secretary of Veterans Affairs shall 
implement chapter 80 of title 38, United States Code, as added by 
subsection (a), not later than six months after the date of the 
enactment of this Act.

SEC. 303. INTERMENT IN NATIONAL CEMETERIES OF PARENTS OF CERTAIN 
              DECEASED VETERANS.

    (a) Short Title.--This section may be cited as the ``Corey Shea 
Act''.
    (b) Interment of Parents of Certain Deceased Veterans.--Section 
2402 is amended--
            (1) In the matter preceding paragraph (1), by striking 
        ``Under such regulations'' and inserting ``(a) Under such 
        regulations'';
            (2) by moving the margins of paragraphs (1) through (8) two 
        ems to the right;
            (3) by inserting after paragraph (8) the following new 
        paragraph:
            ``(9)(A) The parent of a person described in subparagraph 
        (B), if the Secretary determines that there is available space 
        at the gravesite where the person described in subparagraph (B) 
        is interred.
            ``(B) A person described in this subparagraph is a person 
        described in paragraph (1) who--
                    ``(i) is a hostile casualty or died from a 
                training-related injury;
                    ``(ii) is interred in a national cemetery; and
                    ``(iii) at the time of the person's parent's death, 
                did not have a spouse, surviving spouse, or child who 
                is buried or who, upon death, may be eligible for 
                burial in a national cemetery pursuant to paragraph 
                (5).''; and
            (4) by adding at the end the following new subsection:
    ``(b) For purposes of subsection (a)(9) of this section:
            ``(1) The term `parent' means a biological father or a 
        biological mother or, in the case of adoption, a father through 
        adoption or a mother through adoption.
            ``(2) The term `hostile casualty' means a person who, as a 
        member of the Armed Forces, dies as the direct result of 
        hostile action with the enemy, while in combat, while going to 
        or returning from a combat mission if the cause of death was 
        directly related to hostile action, or while hospitalized or 
        undergoing treatment at the expense of the United States for 
        injury incurred during combat, and includes a person killed 
        mistakenly or accidentally by friendly fire directed at a 
        hostile force or what is thought to be a hostile force, but 
        does not include a person who dies due to the elements, a self-
        inflicted wound, combat fatigue, or a friendly force while the 
        person was in an absent-without-leave, deserter, or dropped-
        from-rolls status or was voluntarily absent from a place of 
        duty.
            ``(3) The term `training-related injury' means an injury 
        incurred by a member of the Armed Forces while performing 
        authorized training activities in preparation for a combat 
        mission.''.
    (c) Guidance Required.--The Secretary of Veterans Affairs, in 
consultation with the Secretary of Defense, shall develop guidance 
under which the parent of a person described in paragraph (9)(B) of 
subsection (a) of section 2402 of title 38, United States Code, may be 
designated for interment in a national cemetery under that section.
    (d) Conforming Amendments.--
            (1) Cross-reference correction.--Section 107 is amended by 
        striking ``section 2402(8)'' both places it appears and 
        inserting ``section 2402(a)(8)''.
            (2) Cross-reference correction.--Section 2301(e) is amended 
        by striking ``section 2402(6)'' and inserting ``section 
        2402(a)(6)''.
            (3) Cross-reference correction.--Section 2306(a) is 
        amended--
                    (A) in paragraph (2), by striking ``section 
                2402(4)'' and inserting ``section 2402(a)(4)''; and
                    (B) in paragraph (4), by striking ``section 
                2402(5)'' and inserting ``section 2402(a)(5)''.
    (e) Effective Date.--The amendments made by this section shall 
apply with respect to the death, on or after the date of the enactment 
of this Act, of the parent of a person described in section 
2402(a)(9)(B) of title 38, United States Code, as added by subsection 
(a), who dies on or after October 7, 2001.

            Passed the House of Representatives November 3, 2009.

            Attest:

                                                                 Clerk.
111th CONGRESS

  1st Session

                               H. R. 3949

_______________________________________________________________________

                                 AN ACT

  To amend title 38, United States Code, and the Servicemember Civil 
   Relief Act, to make certain improvements in the laws relating to 
  benefits administered by the Secretary of Veterans Affairs, and for 
                            other purposes.