[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 728 Reported in Senate (RS)]

                                                       Calendar No. 155
111th CONGRESS
  1st Session
                                 S. 728

                          [Report No. 111-71]

 To amend title 38, United States Code, to enhance veterans' insurance 
                   benefits, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2009

   Mr. Akaka introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

                           September 2, 2009

Reported under authority of the order of the Senate of August 7, 2009, 
                    by Mr. Akaka, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to enhance veterans' insurance 
                   benefits, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Veterans' 
Benefits Enhancement Act of 2009''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Reference to title 38, United States Code.
                  <DELETED>TITLE I--INSURANCE MATTERS

<DELETED>Sec. 101. Level-premium term life insurance for veterans with 
                            service-connected disabilities.
<DELETED>Sec. 102. Supplemental insurance for totally disabled 
                            veterans.
<DELETED>Sec. 103. Expansion of individuals qualifying for retroactive 
                            benefits from traumatic injury protection 
                            coverage under Servicemembers' Group Life 
                            Insurance.
<DELETED>Sec. 104. Enhancement of veterans' mortgage life insurance.
<DELETED>Sec. 105. Adjustment of coverage of dependents under 
                            Servicemembers' Group Life Insurance.
          <DELETED>TITLE II--COMPENSATION AND PENSION MATTERS

<DELETED>Sec. 201. Cost-of-living increase for temporary dependency and 
                            indemnity compensation payable for 
                            surviving spouses with dependent children 
                            under the age of 18.
<DELETED>Sec. 202. Eligibility of veterans 65 years of age or older for 
                            service pension for a period of war.
<DELETED>Sec. 203. Adjustments in amounts of dependency and indemnity 
                            compensation payable to disabled surviving 
                            spouses and to parents of deceased 
                            veterans.
<DELETED>Sec. 204. Increase and annual adjustment in limitation on 
                            pension payable to hospitalized veterans 
                            and others.
            <DELETED>TITLE III--BURIAL AND MEMORIAL MATTERS

<DELETED>Sec. 301. Supplemental benefits for veterans for funeral and 
                            burial expenses.
<DELETED>Sec. 302. Supplemental plot allowances.
                    <DELETED>TITLE IV--OTHER MATTERS

<DELETED>Sec. 401. Eligibility of disabled veterans and members of the 
                            Armed Forces with severe burn injuries for 
                            automobiles and adaptive equipment.
<DELETED>Sec. 402. Supplemental assistance for providing automobiles or 
                            other conveyances to certain disabled 
                            veterans.

<DELETED>SEC. 2. REFERENCE TO TITLE 38, UNITED STATES CODE.</DELETED>

<DELETED>    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.</DELETED>

             <DELETED>TITLE I--INSURANCE MATTERS</DELETED>

<DELETED>SEC. 101. LEVEL-PREMIUM TERM LIFE INSURANCE FOR VETERANS WITH 
              SERVICE-CONNECTED DISABILITIES.</DELETED>

<DELETED>    (a) In General.--Chapter 19 is amended by inserting after 
section 1922A the following new section:</DELETED>
<DELETED>``Sec. 1922B. Level-premium term life insurance for veterans 
              with service-connected disabilities</DELETED>
<DELETED>    ``(a) In General.--In accordance with the provisions of 
this section, the Secretary shall grant insurance to each eligible 
veteran who seeks such insurance against the death of such veteran 
occurring while such insurance is in force.</DELETED>
<DELETED>    ``(b) Eligible Veterans.--For purposes of this section, an 
eligible veteran is any veteran less than 65 years of age who has a 
service-connected disability.</DELETED>
<DELETED>    ``(c) Amount of Insurance.--(1) Subject to paragraph (2), 
the amount of insurance granted an eligible veteran under this section 
shall be $50,000 or such lesser amount as the veteran shall elect. The 
amount of insurance so elected shall be evenly divisible by 
$10,000.</DELETED>
<DELETED>    ``(2) The aggregate amount of insurance of an eligible 
veteran under this section, section 1922 of this title, and section 
1922A of this title may not exceed $50,000.</DELETED>
<DELETED>    ``(d) Reduced Amount for Veterans Age 70 or Older.--In the 
case of a veteran insured under this section who turns age 70, the 
amount of insurance of such veteran under this section after the date 
such veteran turns age 70 shall be the amount equal to 20 percent of 
the amount of insurance of the veteran under this section as of the day 
before such date.</DELETED>
<DELETED>    ``(e) Premiums.--(1) Premium rates for insurance under 
this section shall be based on the 2001 Commissioners Standard Ordinary 
Basic Table of Mortality and interest at the rate of 4.5 per centum per 
annum.</DELETED>
<DELETED>    ``(2) The amount of the premium charged a veteran for 
insurance under this section may not increase while such insurance is 
in force for such veteran.</DELETED>
<DELETED>    ``(3) The Secretary may not charge a premium for insurance 
under this section for a veteran as follows:</DELETED>
        <DELETED>    ``(A) A veteran who has a service-connected 
        disability rated as total and is eligible for a waiver of 
        premiums under section 1912 of this title.</DELETED>
        <DELETED>    ``(B) A veteran who is 70 years of age or 
        older.</DELETED>
<DELETED>    ``(4) Insurance granted under this section shall be on a 
nonparticipating basis and all premiums and other collections therefor 
shall be credited directly to a revolving fund in the Treasury of the 
United States, and any payments on such insurance shall be made 
directly from such fund. Appropriations to such fund are hereby 
authorized.</DELETED>
<DELETED>    ``(5) Administrative costs to the Government for the costs 
of the program of insurance under this section shall be paid from 
premiums credited to the fund under paragraph (4), and payments for 
claims against the fund under paragraph (4) for amounts in excess of 
amounts credited to such fund under that paragraph (after such 
administrative costs have been paid) shall be paid from appropriations 
to the fund.</DELETED>
<DELETED>    ``(f) Application Required.--An eligible veteran seeking 
insurance under this section shall file with the Secretary an 
application therefor. Such application shall be filed not later than 
the earlier of--</DELETED>
        <DELETED>    ``(1) the end of the two-year period beginning on 
        the date on which the Secretary notifies the veteran that the 
        veteran has a service-connected disability; and</DELETED>
        <DELETED>    ``(2) the end of the 10-year period beginning on 
        the date of the separation of the veteran from the Armed 
        Forces, whichever is earlier.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of chapter 19 is amended by inserting after the item related 
to section 1922A the following new item:</DELETED>

<DELETED>``1922B. Level-premium term life insurance for veterans with 
                            service-connected disabilities.''.
<DELETED>    (c) Exchange of Service Disabled Veterans' Insurance.--
During the one-year period beginning on the effective date of this 
section under subsection (d), any veteran insured under section 1922 of 
title 38, United States Code, who is eligible for insurance under 
section 1922B of such title (as added by subsection (a)), may exchange 
insurance coverage under such section 1922 for insurance coverage under 
such section 1922B.</DELETED>
<DELETED>    (d) Effective Date.--This section, and the amendments made 
by this section, shall take effect on April 1, 2010.</DELETED>

<DELETED>SEC. 102. SUPPLEMENTAL INSURANCE FOR TOTALLY DISABLED 
              VETERANS.</DELETED>

<DELETED>    (a) In General.--Section 1922A(a) is amended by striking 
``$20,000'' and inserting ``$30,000''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect on January 1, 2010.</DELETED>

<DELETED>SEC. 103. EXPANSION OF INDIVIDUALS QUALIFYING FOR RETROACTIVE 
              BENEFITS FROM TRAUMATIC INJURY PROTECTION COVERAGE UNDER 
              SERVICEMEMBERS' GROUP LIFE INSURANCE.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The heading of such section is 
amended by striking ``in Operation Enduring Freedom and Operation Iraqi 
Freedom''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on January 1, 2010.</DELETED>

<DELETED>SEC. 104. ENHANCEMENT OF VETERANS' MORTGAGE LIFE 
              INSURANCE.</DELETED>

<DELETED>    Section 2106(b) is amended by striking ``$90,000'' and 
inserting ``$150,000, or $200,000 after January 1, 2012,''.</DELETED>

<DELETED>SEC. 105. ADJUSTMENT OF COVERAGE OF DEPENDENTS UNDER 
              SERVICEMEMBERS' GROUP LIFE INSURANCE.</DELETED>

<DELETED>    Clause (ii) of section 1968(a)(5)(B) is amended to read as 
follows:</DELETED>
                        <DELETED>    ``(ii) 120 days after the date of 
                        the member's separation or release from the 
                        uniformed services; or''.</DELETED>

     <DELETED>TITLE II--COMPENSATION AND PENSION MATTERS</DELETED>

<DELETED>SEC. 201. COST-OF-LIVING INCREASE FOR TEMPORARY DEPENDENCY AND 
              INDEMNITY COMPENSATION PAYABLE FOR SURVIVING SPOUSES WITH 
              DEPENDENT CHILDREN UNDER THE AGE OF 18.</DELETED>

<DELETED>    Section 1311(f) is amended by adding at the end the 
following new paragraph:</DELETED>
<DELETED>    ``(5) 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.''.</DELETED>

<DELETED>SEC. 202. ELIGIBILITY OF VETERANS 65 YEARS OF AGE OR OLDER FOR 
              SERVICE PENSION FOR A PERIOD OF WAR.</DELETED>

<DELETED>    (a) In General.--Section 1513 is amended--</DELETED>
        <DELETED>    (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.'';</DELETED>
        <DELETED>    (2) by redesignating subsection (b) as subsection 
        (c); and</DELETED>
        <DELETED>    (3) by inserting after subsection (a) the 
        following new subsection (b):</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Application.--The amendments made by this section 
shall apply with respect to claims for pensions filed on or after the 
date of the enactment of this Act.</DELETED>

<DELETED>SEC. 203. ADJUSTMENTS IN AMOUNTS OF DEPENDENCY AND INDEMNITY 
              COMPENSATION PAYABLE TO DISABLED SURVIVING SPOUSES AND TO 
              PARENTS OF DECEASED VETERANS.</DELETED>

<DELETED>    (a) Increase in DIC Payable to Disabled Surviving 
Spouses.--Section 1311 is amended--</DELETED>
        <DELETED>    (1) in subsection (c), by striking ``$271'' and 
        inserting ``$325''; and</DELETED>
        <DELETED>    (2) in subsection (d), by striking ``$128'' and 
        inserting ``$146''.</DELETED>
<DELETED>    (b) Increase in Certain DIC Amounts Payable to Parents.--
</DELETED>
        <DELETED>    (1) In general.--Section 1315 is amended--
        </DELETED>
                <DELETED>    (A) in subsection (b)--</DELETED>
                        <DELETED>    (i) in paragraph (1), by striking 
                        ``$163'' and inserting ``$661''; and</DELETED>
                        <DELETED>    (ii) in paragraph (2), by striking 
                        ``$5 monthly'' and inserting ``$100 monthly, as 
                        increased from time to time under section 5312 
                        of this title'';</DELETED>
                <DELETED>    (B) in subsection (c)(2), by striking ``$5 
                monthly'' and inserting ``$100 monthly, as increased 
                from time to time under section 5312 of this 
                title'';</DELETED>
                <DELETED>    (C) in subsection (d)(2), by striking ``$5 
                monthly'' and inserting ``$100 monthly, as increased 
                from time to time under section 5312 of this title''; 
                and</DELETED>
                <DELETED>    (D) in subsection (g), by striking ``$85'' 
                and inserting ``$395''.</DELETED>
        <DELETED>    (2) Additional amount payable to housebound 
        parents.--Such section is further amended by adding at the end 
        the following new subsection:</DELETED>
<DELETED>    ``(h) The monthly rate of dependency and indemnity 
compensation payable to a parent shall be increased by $146, as 
increased from time to time under section 5312 of this title, if such 
parent--</DELETED>
        <DELETED>    ``(1) is, by reason of disability, permanently 
        housebound; and</DELETED>
        <DELETED>    ``(2) does not qualify for an increase in 
        dependency and indemnity compensation under subsection (g) of 
        this section.''.</DELETED>
<DELETED>    (c) Codification of Increase in Rates of DIC Payable to 
Parents.--Section 1315 is further amended--</DELETED>
        <DELETED>    (1) in subsection (b)(3), by striking ``$4,038'' 
        and inserting ``$13,456'';</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``$115'' 
                and inserting ``$412''; and</DELETED>
                <DELETED>    (B) in paragraph (3), by striking 
                ``$4,038'' and inserting ``$13,456''; and</DELETED>
        <DELETED>    (3) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``$109'' 
                and inserting ``$387''; and</DELETED>
                <DELETED>    (B) in paragraph (3), by striking 
                ``$5,430'' and inserting ``$18,087''.</DELETED>
<DELETED>    (d) Technical Amendment.--Subsection (f)(1)(A) of such 
section 1315 is amended by striking ``the six-months' death gratuity'' 
and inserting ``death gratuity payments by the Secretary concerned 
under sections 1475 through 1480 of title 10 (including payments under 
section 307 of the Persian Gulf Conflict Supplemental Authorization and 
Personnel Benefits Act of 1991 (Public Law 102-25; 105 Stat. 82; 10 
U.S.C. 1478 note))''.</DELETED>
<DELETED>    (e) Cost-of-living Adjustments.--Section 5312(b)(1) is 
amended by striking ``the monthly rate provided in subsection (g), of 
section 1315 of this title'' and inserting ``the monthly rates provided 
in subsections (g) and (h), of section 1315 of this title, the minimum 
monthly amounts of dependency and indemnity compensation payable to 
parents under subsections (b)(2), (c)(2), and (d)(2) of such 
section,''.</DELETED>
<DELETED>    (f) Effective Date.--</DELETED>
        <DELETED>    (1) In general.--The amendments made by this 
        section shall take effect on October 1, 2009, and shall apply 
        with respect to dependency and indemnity compensation payable 
        for months beginning on or after that date.</DELETED>
        <DELETED>    (2) Prohibition on cola in fiscal year 2010.--No 
        increase shall be made under section 5312(b)(1) of title 38, 
        United States Code, in the minimum monthly amounts of 
        dependency and indemnity compensation payable under subsections 
        (b)(2), (c)(2), and (d)(2) of section 1315 of such title (as 
        amended by subsection (b)(1) of this section) during fiscal 
        year 2010.</DELETED>

<DELETED>SEC. 204. INCREASE AND ANNUAL ADJUSTMENT IN LIMITATION ON 
              PENSION PAYABLE TO HOSPITALIZED VETERANS AND 
              OTHERS.</DELETED>

<DELETED>    (a) Increase and Annual Adjustment.--</DELETED>
        <DELETED>    (1) In general.--Section 5503 is amended--
        </DELETED>
                <DELETED>    (A) in subsection (a)(1)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``$90 per month'' and inserting ``$100 
                        per month, as increased from time to time under 
                        section 5312 of this title,''; and</DELETED>
                        <DELETED>    (ii) in subparagraphs (B) and (C), 
                        by striking ``$90 per month'' each place it 
                        appears and inserting ``$100 per month, as so 
                        increased,''; and</DELETED>
                <DELETED>    (B) in subsection (d)(2), by striking 
                ``$90 per month'' and inserting ``$100 per month, as 
                increased from time to time under section 5312 of this 
                title,''.</DELETED>
        <DELETED>    (2) Annual adjustment.--Section 5312(b)(1) is 
        amended by striking ``5507(c)(2)(D) and'' and inserting ``5503, 
        5507(c)(2)(D), and''.</DELETED>
<DELETED>    (b) Applicability of Limitation to Pension Payable to 
Certain Children of Veterans of a Period of War.--Section 5503(d)(5) is 
amended--</DELETED>
        <DELETED>    (1) by inserting ``(A)'' after ``(5)''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subparagraph:</DELETED>
<DELETED>    ``(B) The provisions of this subsection shall also 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.''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect October 1, 2009. However no adjustment shall be made 
during fiscal year 2010 under section 5312(b)(1) of title 38, United 
States Code (as amended by subsection (a)(2)), in the limitation under 
section 5503 of title 38, United States Code (as amended by subsections 
(a)(1) and (b)), on amounts of pension payable to veterans and 
others.</DELETED>

       <DELETED>TITLE III--BURIAL AND MEMORIAL MATTERS</DELETED>

<DELETED>SEC. 301. SUPPLEMENTAL BENEFITS FOR VETERANS FOR FUNERAL AND 
              BURIAL EXPENSES.</DELETED>

<DELETED>    (a) Funeral Expenses.--</DELETED>
        <DELETED>    (1) In general.--Chapter 23 is amended by 
        inserting after section 2302 the following new 
        section:</DELETED>
<DELETED>``Sec. 2302A. Funeral expenses: supplemental 
              benefits</DELETED>
<DELETED>    ``(a) In General.--(1) Subject to the availability of 
funds specifically provided for purposes of this subsection in advance 
in an appropriations Act, whenever the Secretary makes a payment for 
the burial and funeral of a veteran under section 2302(a) of this 
title, the Secretary is also authorized and directed to pay the 
recipient of such payment a supplemental payment under this section for 
the cost of such burial and funeral.</DELETED>
<DELETED>    ``(2) No supplemental payment shall be made under this 
subsection if the Secretary has expended all funds that were 
specifically provided for purposes of this subsection in an 
appropriations Act.</DELETED>
<DELETED>    ``(b) Amount.--The amount of the supplemental payment 
required by subsection (a) for any death is $900 (as adjusted from time 
to time under subsection (c)).</DELETED>
<DELETED>    ``(c) Adjustment.--With respect to deaths that occur in 
any fiscal year after fiscal year 2009, the supplemental payment 
described in subsection (b) shall be equal to the sum of--</DELETED>
        <DELETED>    ``(1) the supplemental payment in effect under 
        subsection (b) for the preceding fiscal year (determined after 
        application of this subsection), plus</DELETED>
        <DELETED>    ``(2) the sum of the amount described in section 
        2302(a) of this title and the amount under paragraph (1), 
        multiplied by the percentage by which--</DELETED>
                <DELETED>    ``(A) 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</DELETED>
                <DELETED>    ``(B) such Consumer Price Index for the 
                12-month period preceding the 12-month period described 
                in subparagraph (A).</DELETED>
<DELETED>    ``(d) Estimates.--(1) From time to time, the Secretary 
shall make an estimate of--</DELETED>
        <DELETED>    ``(A) the amount of funding that would be 
        necessary to provide supplemental payments under this section 
        to all eligible recipients for the remainder of the fiscal year 
        in which such an estimate is made; and</DELETED>
        <DELETED>    ``(B) the amount that Congress would need to 
        appropriate to provide all eligible recipients with 
        supplemental payments under this section in the next fiscal 
        year.</DELETED>
<DELETED>    ``(2) On the dates described in paragraph (3), the 
Secretary shall submit to the appropriate committees of Congress the 
estimates described in paragraph (1).</DELETED>
<DELETED>    ``(3) The dates described in this paragraph are the 
following:</DELETED>
        <DELETED>    ``(A) April 1 of each year.</DELETED>
        <DELETED>    ``(B) July 1 of each year.</DELETED>
        <DELETED>    ``(C) September 1 of each year.</DELETED>
        <DELETED>    ``(D) The date that is 60 days before the date 
        estimated by the Secretary on which amounts appropriated for 
        the purposes of this section for a fiscal year will be 
        exhausted.</DELETED>
<DELETED>    ``(e) Appropriate Committees of Congress Defined.--In this 
section, the term `appropriate committees of Congress' means--
</DELETED>
        <DELETED>    ``(1) the Committee on Appropriations and the 
        Committee on Veterans' Affairs of the Senate; and</DELETED>
        <DELETED>    ``(2) the Committee on Appropriations and the 
        Committee on Veterans' Affairs of the House of 
        Representatives.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of sections at 
        the beginning of such chapter is amended by inserting after the 
        item related to section 2302 the following new item:</DELETED>

<DELETED>``2302A. Funeral expenses: supplemental benefits.''.
        <DELETED>    (3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of Veterans 
        Affairs such sums as may be necessary to carry out the 
        provisions of section 2302A of title 38, United States Code (as 
        added by this subsection).</DELETED>
<DELETED>    (b) Death From Service-connected Disability.--</DELETED>
        <DELETED>    (1) In general.--Chapter 23 is amended by 
        inserting after section 2307 the following new 
        section:</DELETED>
<DELETED>``Sec. 2307A. Death from service-connected disability: 
              supplemental benefits for burial and funeral 
              expenses</DELETED>
<DELETED>    ``(a) In General.--(1) Subject to the availability of 
funds specifically provided for purposes of this subsection in advance 
in an appropriations Act, whenever the Secretary makes a payment for 
the burial and funeral of a veteran under section 2307(1) of this 
title, the Secretary is also authorized and directed to pay the 
recipient of such payment a supplemental payment under this section for 
the cost of such burial and funeral.</DELETED>
<DELETED>    ``(2) No supplemental payment shall be made under this 
subsection if the Secretary has expended all funds that were 
specifically provided for purposes of this subsection in an 
appropriations Act.</DELETED>
<DELETED>    ``(b) Amount.--The amount of the supplemental payment 
required by subsection (a) for any death is $2,100 (as adjusted from 
time to time under subsection (c)).</DELETED>
<DELETED>    ``(c) Adjustment.--With respect to deaths that occur in 
any fiscal year after fiscal year 2009, the supplemental payment 
described in subsection (b) shall be equal to the sum of--</DELETED>
        <DELETED>    ``(1) the supplemental payment in effect under 
        subsection (b) for the preceding fiscal year (determined after 
        application of this subsection), plus</DELETED>
        <DELETED>    ``(2) the sum of the amount described in section 
        2307(1) of this title and the amount under paragraph (1), 
        multiplied by the percentage by which--</DELETED>
                <DELETED>    ``(A) 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</DELETED>
                <DELETED>    ``(B) such Consumer Price Index for the 
                12-month period preceding the 12-month period described 
                in subparagraph (A).</DELETED>
<DELETED>    ``(d) Estimates.--(1) From time to time, the Secretary 
shall make an estimate of--</DELETED>
        <DELETED>    ``(A) the amount of funding that would be 
        necessary to provide supplemental payments under this section 
        to all eligible recipients for the remainder of the fiscal year 
        in which such an estimate is made; and</DELETED>
        <DELETED>    ``(B) the amount that Congress would need to 
        appropriate to provide all eligible recipients with 
        supplemental payments under this section in the next fiscal 
        year.</DELETED>
<DELETED>    ``(2) On the dates described in paragraph (3), the 
Secretary shall submit to the appropriate committees of Congress the 
estimates described in paragraph (1).</DELETED>
<DELETED>    ``(3) The dates described in this paragraph are the 
following:</DELETED>
        <DELETED>    ``(A) April 1 of each year.</DELETED>
        <DELETED>    ``(B) July 1 of each year.</DELETED>
        <DELETED>    ``(C) September 1 of each year.</DELETED>
        <DELETED>    ``(D) The date that is 60 days before the date 
        estimated by the Secretary on which amounts appropriated for 
        the purposes of this section for a fiscal year will be 
        exhausted.</DELETED>
<DELETED>    ``(e) Appropriate Committees of Congress Defined.--In this 
section, the term `appropriate committees of Congress' means--
</DELETED>
        <DELETED>    ``(1) the Committee on Appropriations and the 
        Committee on Veterans' Affairs of the Senate; and</DELETED>
        <DELETED>    ``(2) the Committee on Appropriations and the 
        Committee on Veterans' Affairs of the House of 
        Representatives.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of sections at 
        the beginning of such chapter is amended by inserting after the 
        item related to section 2307 the following new item:</DELETED>

<DELETED>``2307A. Death from service-connected disability: supplemental 
                            benefits for burial and funeral 
                            expenses.''.
        <DELETED>    (3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of Veterans 
        Affairs such sums as may be necessary to carry out the 
        provisions of section 2307A of title 38, United States Code (as 
        added by this subsection).</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on October 1, 2009, and shall apply with respect to 
deaths occurring on or after that date.</DELETED>

<DELETED>SEC. 302. SUPPLEMENTAL PLOT ALLOWANCES.</DELETED>

<DELETED>    (a) In General.--Chapter 23 is amended by inserting after 
section 2303 the following new section:</DELETED>
<DELETED>``Sec. 2303A. Supplemental plot allowance</DELETED>
<DELETED>    ``(a) In General.--(1) Subject to the availability of 
funds specifically provided for purposes of this subsection in advance 
in an appropriations Act, whenever the Secretary makes a payment for 
the burial and funeral of a veteran under section 2303(a)(1)(A) of this 
title, or for the burial of a veteran under paragraph (1) or (2) of 
section 2303(b) of this title, the Secretary is also authorized and 
directed to pay the recipient of such payment a supplemental payment 
under this section for the cost of such burial and funeral or burial, 
as applicable.</DELETED>
<DELETED>    ``(2) No supplemental plot allowance payment shall be made 
under this subsection if the Secretary has expended all funds that were 
specifically provided for purposes of this subsection in an 
appropriations Act.</DELETED>
<DELETED>    ``(b) Amount.--The amount of the supplemental payment 
required by subsection (a) for any death is $445 (as adjusted from time 
to time under subsection (c)).</DELETED>
<DELETED>    ``(c) Adjustment.--With respect to deaths that occur in 
any fiscal year after fiscal year 2009, the supplemental payment 
described in subsection (b) shall be equal to the sum of--</DELETED>
        <DELETED>    ``(1) the supplemental payment in effect under 
        subsection (b) for the preceding fiscal year (determined after 
        application of this subsection), plus</DELETED>
        <DELETED>    ``(2) the sum of the amount described in section 
        2303(a)(1)(A) of this title and the amount under paragraph (1), 
        multiplied by the percentage by which--</DELETED>
                <DELETED>    ``(A) 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</DELETED>
                <DELETED>    ``(B) such Consumer Price Index for the 
                12-month period preceding the 12-month period described 
                in subparagraph (A).</DELETED>
<DELETED>    ``(d) Estimates.--(1) From time to time, the Secretary 
shall make an estimate of--</DELETED>
        <DELETED>    ``(A) the amount of funding that would be 
        necessary to provide supplemental plot allowance payments under 
        this section to all eligible recipients for the remainder of 
        the fiscal year in which such an estimate is made; 
        and</DELETED>
        <DELETED>    ``(B) the amount that Congress would need to 
        appropriate to provide all eligible recipients with 
        supplemental plot allowance payments under this section in the 
        next fiscal year.</DELETED>
<DELETED>    ``(2) On the dates described in paragraph (3), the 
Secretary shall submit to the appropriate committees of Congress the 
estimates described in paragraph (1).</DELETED>
<DELETED>    ``(3) The dates described in this paragraph are the 
following:</DELETED>
        <DELETED>    ``(A) April 1 of each year.</DELETED>
        <DELETED>    ``(B) July 1 of each year.</DELETED>
        <DELETED>    ``(C) September 1 of each year.</DELETED>
        <DELETED>    ``(D) The date that is 60 days before the date 
        estimated by the Secretary on which amounts appropriated for 
        the purposes of this section for a fiscal year will be 
        exhausted.</DELETED>
<DELETED>    ``(e) Appropriate Committees of Congress Defined.--In this 
section, the term `appropriate committees of Congress' means--
</DELETED>
        <DELETED>    ``(1) the Committee on Appropriations and the 
        Committee on Veterans' Affairs of the Senate; and</DELETED>
        <DELETED>    ``(2) the Committee on Appropriations and the 
        Committee on Veterans' Affairs of the House of 
        Representatives.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by inserting after the item 
related to section 2303 the following new item:</DELETED>

<DELETED>``2303A. Supplemental plot allowance.''.
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on October 1, 2009, and shall apply with respect to 
deaths occurring on or after that date.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of Veterans Affairs such sums as 
may be necessary to carry out the provisions of section 2303A of title 
38, United States Code (as added by subsection (a)).</DELETED>

               <DELETED>TITLE IV--OTHER MATTERS</DELETED>

<DELETED>SEC. 401. ELIGIBILITY OF DISABLED VETERANS AND MEMBERS OF THE 
              ARMED FORCES WITH SEVERE BURN INJURIES FOR AUTOMOBILES 
              AND ADAPTIVE EQUIPMENT.</DELETED>

<DELETED>    (a) Eligibility.--Paragraph (1) of section 3901 is 
amended--</DELETED>
        <DELETED>    (1) in subparagraph (A)--</DELETED>
                <DELETED>    (A) in the matter preceding clause (i), by 
                striking ``or (iii) below'' and inserting ``(iii), or 
                (iv)''; and</DELETED>
                <DELETED>    (B) by adding at the end the following new 
                clause:</DELETED>
                <DELETED>    ``(iv) A severe burn injury (as determined 
                pursuant to regulations prescribed by the 
                Secretary).''; and</DELETED>
        <DELETED>    (2) in subparagraph (B), by striking ``or (iii)'' 
        and inserting ``(iii), or (iv)''.</DELETED>
<DELETED>    (b) Stylistic Amendments.--Such section is further 
amended--</DELETED>
        <DELETED>    (1) in the matter preceding paragraph (1), by 
        striking ``chapter--'' and inserting ``chapter:'';</DELETED>
        <DELETED>    (2) in paragraph (1)--</DELETED>
                <DELETED>    (A) in the matter preceding subparagraph 
                (A), by striking ``means--'' and inserting ``means the 
                following:'';</DELETED>
                <DELETED>    (B) in subparagraph (A)--</DELETED>
                        <DELETED>    (i) in the matter preceding clause 
                        (i), by striking ``any veteran'' and inserting 
                        ``Any veteran'';</DELETED>
                        <DELETED>    (ii) in clauses (i) and (ii), by 
                        striking the semicolon at the end and inserting 
                        a period; and</DELETED>
                        <DELETED>    (iii) in clause (iii), by striking 
                        ``or'' and inserting a period; and</DELETED>
                <DELETED>    (C) in subparagraph (B), by striking ``any 
                member'' and inserting ``Any member''.</DELETED>

<DELETED>SEC. 402. SUPPLEMENTAL ASSISTANCE FOR PROVIDING AUTOMOBILES OR 
              OTHER CONVEYANCES TO CERTAIN DISABLED VETERANS.</DELETED>

<DELETED>    (a) In General.--Chapter 39 is amended by inserting after 
section 3902 the following new section:</DELETED>
<DELETED>``Sec. 3902A. Supplemental assistance for providing 
              automobiles or other conveyances</DELETED>
<DELETED>    ``(a) In General.--(1) Subject to the availability of 
funds specifically provided for purposes of this subsection in advance 
in an appropriations Act, whenever the Secretary makes a payment for 
the purchase of an automobile or other conveyance for an eligible 
person under section 3902 of this title, the Secretary is also 
authorized and directed to pay the recipient of such payment a 
supplemental payment under this section for the cost of such 
purchase.</DELETED>
<DELETED>    ``(2) No supplemental payment shall be made under this 
subsection if the Secretary has expended all funds that were 
specifically provided for purposes of this subsection in an 
appropriations Act.</DELETED>
<DELETED>    ``(b) Amount of Supplemental Payment.--Supplemental 
payment required by subsection (a) is equal to the excess of--
</DELETED>
        <DELETED>    ``(1) the payment which would be determined under 
        section 3902 of this title if the amount described in section 
        3902 of this title were increased to the adjusted amount 
        described in subsection (c), over</DELETED>
        <DELETED>    ``(2) the payment determined under section 3902 of 
        this title without regard to this section.</DELETED>
<DELETED>    ``(c) Adjusted Amount.--The adjusted amount is $22,484 (as 
adjusted from time to time under subsection (d)).</DELETED>
<DELETED>    ``(d) Adjustment.--(1) Effective on October 1 of each year 
(beginning in 2009), the Secretary shall increase the adjusted amount 
described in subsection (c) to an amount equal to 80 percent of the 
average retail cost of new automobiles for the preceding calendar 
year.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Estimates.--(1) From time to time, the Secretary 
shall make an estimate of--</DELETED>
        <DELETED>    ``(A) the amount of funding that would be 
        necessary to provide supplemental payment under this section 
        for every eligible person for the remainder of the fiscal year 
        in which such an estimate is made; and</DELETED>
        <DELETED>    ``(B) the amount that Congress would need to 
        appropriate to provide every eligible person with supplemental 
        payment under this section in the next fiscal year.</DELETED>
<DELETED>    ``(2) On the dates described in paragraph (3), the 
Secretary shall submit to the appropriate committees of Congress the 
estimates described in paragraph (1).</DELETED>
<DELETED>    ``(3) The dates described in this paragraph are the 
following:</DELETED>
        <DELETED>    ``(A) April 1 of each year.</DELETED>
        <DELETED>    ``(B) July 1 of each year.</DELETED>
        <DELETED>    ``(C) September 1 of each year.</DELETED>
        <DELETED>    ``(D) The date that is 60 days before the date 
        estimated by the Secretary on which amounts appropriated for 
        the purposes of this section for a fiscal year will be 
        exhausted.</DELETED>
<DELETED>    ``(f) Appropriate Committees of Congress Defined.--In this 
section, the term `appropriate committees of Congress' means--
</DELETED>
        <DELETED>    ``(1) the Committee on Appropriations and the 
        Committee on Veterans' Affairs of the Senate; and</DELETED>
        <DELETED>    ``(2) the Committee on Appropriations and the 
        Committee on Veterans' Affairs of the House of 
        Representatives.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by inserting after the item 
related to section 3902 the following new item:</DELETED>

<DELETED>``3902A. Supplemental assistance for providing automobiles or 
                            other conveyances.''.
<DELETED>    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of Veterans Affairs such sums as 
may be necessary to carry out the provisions of section 3902A of title 
38, United States Code (as added by subsection (a)).</DELETED>
<DELETED>    (d) Effective Date.--The amendments made by this section 
shall take effect on October 1, 2009, and shall apply with respect to 
payments made in accordance with section 3902 of title 38, United 
States Code, on or after that date.</DELETED>

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. Supplemental benefits for veterans for funeral and burial 
                            expenses.
Sec. 502. Supplemental plot allowances.

                        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 ``September 30, 2014''.

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. SUPPLEMENTAL BENEFITS FOR VETERANS FOR FUNERAL AND BURIAL 
              EXPENSES.

    (a) Funeral Expenses.--
            (1) In general.--Chapter 23 is amended by inserting after 
        section 2302 the following new section:
``Sec. 2302A. Funeral expenses: supplemental benefits
    ``(a) In General.--(1) Subject to the availability of funds 
specifically provided for purposes of this subsection in advance in an 
appropriations Act, whenever the Secretary makes a payment for the 
burial and funeral of a veteran under section 2302(a) of this title, 
the Secretary is also authorized and directed to pay the recipient of 
such payment a supplemental payment under this section for the cost of 
such burial and funeral.
    ``(2) No supplemental payment shall be made under this subsection 
if the Secretary has expended all funds that were specifically provided 
for purposes of this subsection in an appropriations Act.
    ``(b) Amount.--The amount of the supplemental payment required by 
subsection (a) for any death is $900 (as adjusted from time to time 
under subsection (c)).
    ``(c) Adjustment.--With respect to deaths that occur in any fiscal 
year after fiscal year 2010, the supplemental payment described in 
subsection (b) shall be equal to the sum of--
            ``(1) the supplemental payment in effect under subsection 
        (b) for the preceding fiscal year (determined after application 
        of this subsection), plus
            ``(2) the sum of the amount described in section 2302(a) of 
        this title and the amount under paragraph (1), multiplied by 
        the percentage by which--
                    ``(A) 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
                    ``(B) such Consumer Price Index for the 12-month 
                period preceding the 12-month period described in 
                subparagraph (A).
    ``(d) Estimates.--(1) From time to time, the Secretary shall make 
an estimate of--
            ``(A) the amount of funding that would be necessary to 
        provide supplemental payments under this section to all 
        eligible recipients for the remainder of the fiscal year in 
        which such an estimate is made; and
            ``(B) the amount that Congress would need to appropriate to 
        provide all eligible recipients with supplemental payments 
        under this section in the next fiscal year.
    ``(2) On the dates described in paragraph (3), the Secretary shall 
submit to the appropriate committees of Congress the estimates 
described in paragraph (1).
    ``(3) The dates described in this paragraph are the following:
            ``(A) April 1 of each year.
            ``(B) July 1 of each year.
            ``(C) September 1 of each year.
            ``(D) The date that is 60 days before the date estimated by 
        the Secretary on which amounts appropriated for the purposes of 
        this section for a fiscal year will be exhausted.
    ``(e) Appropriate Committees of Congress Defined.--In this section, 
the term `appropriate committees of Congress' means--
            ``(1) the Committee on Appropriations and the Committee on 
        Veterans' Affairs of the Senate; and
            ``(2) the Committee on Appropriations and the Committee on 
        Veterans' Affairs of the House of Representatives.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item related to section 2302 the following new item:

``2302A. Funeral expenses: supplemental benefits.''.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary of Veterans Affairs such 
        sums as may be necessary to carry out the provisions of section 
        2302A of title 38, United States Code (as added by this 
        subsection).
    (b) Death From Service-Connected Disability.--
            (1) In general.--Chapter 23 is amended by inserting after 
        section 2307 the following new section:
``Sec. 2307A. Death from service-connected disability: supplemental 
              benefits for burial and funeral expenses
    ``(a) In General.--(1) Subject to the availability of funds 
specifically provided for purposes of this subsection in advance in an 
appropriations Act, whenever the Secretary makes a payment for the 
burial and funeral of a veteran under section 2307(1) of this title, 
the Secretary is also authorized and directed to pay the recipient of 
such payment a supplemental payment under this section for the cost of 
such burial and funeral.
    ``(2) No supplemental payment shall be made under this subsection 
if the Secretary has expended all funds that were specifically provided 
for purposes of this subsection in an appropriations Act.
    ``(b) Amount.--The amount of the supplemental payment required by 
subsection (a) for any death is $2,100 (as adjusted from time to time 
under subsection (c)).
    ``(c) Adjustment.--With respect to deaths that occur in any fiscal 
year after fiscal year 2010, the supplemental payment described in 
subsection (b) shall be equal to the sum of--
            ``(1) the supplemental payment in effect under subsection 
        (b) for the preceding fiscal year (determined after application 
        of this subsection), plus
            ``(2) the sum of the amount described in section 2307(1) of 
        this title and the amount under paragraph (1), multiplied by 
        the percentage by which--
                    ``(A) 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
                    ``(B) such Consumer Price Index for the 12-month 
                period preceding the 12-month period described in 
                subparagraph (A).
    ``(d) Estimates.--(1) From time to time, the Secretary shall make 
an estimate of--
            ``(A) the amount of funding that would be necessary to 
        provide supplemental payments under this section to all 
        eligible recipients for the remainder of the fiscal year in 
        which such an estimate is made; and
            ``(B) the amount that Congress would need to appropriate to 
        provide all eligible recipients with supplemental payments 
        under this section in the next fiscal year.
    ``(2) On the dates described in paragraph (3), the Secretary shall 
submit to the appropriate committees of Congress the estimates 
described in paragraph (1).
    ``(3) The dates described in this paragraph are the following:
            ``(A) April 1 of each year.
            ``(B) July 1 of each year.
            ``(C) September 1 of each year.
            ``(D) The date that is 60 days before the date estimated by 
        the Secretary on which amounts appropriated for the purposes of 
        this section for a fiscal year will be exhausted.
    ``(e) Appropriate Committees of Congress Defined.--In this section, 
the term `appropriate committees of Congress' means--
            ``(1) the Committee on Appropriations and the Committee on 
        Veterans' Affairs of the Senate; and
            ``(2) the Committee on Appropriations and the Committee on 
        Veterans' Affairs of the House of Representatives.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item related to section 2307 the following new item:

``2307A. Death from service-connected disability: supplemental benefits 
                            for burial and funeral expenses.''.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary of Veterans Affairs such 
        sums as may be necessary to carry out the provisions of section 
        2307A of title 38, United States Code (as added by this 
        subsection).
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2009, and shall apply with respect to deaths 
occurring on or after that date.

SEC. 502. SUPPLEMENTAL PLOT ALLOWANCES.

    (a) In General.--Chapter 23 is amended by inserting after section 
2303 the following new section:
``Sec. 2303A. Supplemental plot allowance
    ``(a) In General.--(1) Subject to the availability of funds 
specifically provided for purposes of this subsection in advance in an 
appropriations Act, whenever the Secretary makes a payment for the 
burial and funeral of a veteran under section 2303(a)(1)(A) of this 
title, or for the burial of a veteran under paragraph (1) or (2) of 
section 2303(b) of this title, the Secretary is also authorized and 
directed to pay the recipient of such payment a supplemental payment 
under this section for the cost of such burial and funeral or burial, 
as applicable.
    ``(2) No supplemental plot allowance payment shall be made under 
this subsection if the Secretary has expended all funds that were 
specifically provided for purposes of this subsection in an 
appropriations Act.
    ``(b) Amount.--The amount of the supplemental payment required by 
subsection (a) for any death is $445 (as adjusted from time to time 
under subsection (c)).
    ``(c) Adjustment.--With respect to deaths that occur in any fiscal 
year after fiscal year 2010, the supplemental payment described in 
subsection (b) shall be equal to the sum of--
            ``(1) the supplemental payment in effect under subsection 
        (b) for the preceding fiscal year (determined after application 
        of this subsection), plus
            ``(2) the sum of the amount described in section 
        2303(a)(1)(A) of this title and the amount under paragraph (1), 
        multiplied by the percentage by which--
                    ``(A) 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
                    ``(B) such Consumer Price Index for the 12-month 
                period preceding the 12-month period described in 
                subparagraph (A).
    ``(d) Estimates.--(1) From time to time, the Secretary shall make 
an estimate of--
            ``(A) the amount of funding that would be necessary to 
        provide supplemental plot allowance payments under this section 
        to all eligible recipients for the remainder of the fiscal year 
        in which such an estimate is made; and
            ``(B) the amount that Congress would need to appropriate to 
        provide all eligible recipients with supplemental plot 
        allowance payments under this section in the next fiscal year.
    ``(2) On the dates described in paragraph (3), the Secretary shall 
submit to the appropriate committees of Congress the estimates 
described in paragraph (1).
    ``(3) The dates described in this paragraph are the following:
            ``(A) April 1 of each year.
            ``(B) July 1 of each year.
            ``(C) September 1 of each year.
            ``(D) The date that is 60 days before the date estimated by 
        the Secretary on which amounts appropriated for the purposes of 
        this section for a fiscal year will be exhausted.
    ``(e) Appropriate Committees of Congress Defined.--In this section, 
the term `appropriate committees of Congress' means--
            ``(1) the Committee on Appropriations and the Committee on 
        Veterans' Affairs of the Senate; and
            ``(2) the Committee on Appropriations and the Committee on 
        Veterans' Affairs of the House of Representatives.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item related to section 
2303 the following new item:

``2303A. Supplemental plot allowance.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2009, and shall apply with respect to deaths 
occurring on or after that date.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Veterans Affairs such sums as may be 
necessary to carry out the provisions of section 2303A of title 38, 
United States Code (as added by subsection (a)).

                        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''.
                                                       Calendar No. 155

111th CONGRESS

  1st Session

                                 S. 728

                          [Report No. 111-71]

_______________________________________________________________________

                                 A BILL

 To amend title 38, United States Code, to enhance veterans' insurance 
                   benefits, and for other purposes.

_______________________________________________________________________

                           September 2, 2009

                       Reported with an amendment