Congressional Record, Volume 156 Issue 133 (Wednesday, September 29, 2010)

[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[House]
[Pages H7321-H7342]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

{time} 2030
VETERANS' BENEFITS ACT OF 2010

Mr. FILNER. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendments to the bill (H.R. 3219) to amend title 38, United
States Code, to make certain improvements in the laws administered by
the Secretary of Veterans Affairs relating to insurance and health
care, and for other purposes.
The Clerk read the title of the bill.
The text of the Senate amendments is as follows:

Senate amendments:
Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Veterans'
Benefits Act of 2010''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.

TITLE I--EMPLOYMENT, SMALL BUSINESS, AND EDUCATION MATTERS

Sec. 101. Extension and expansion of authority for certain qualifying
work-study activities for purposes of the educational
assistance programs of the Department of Veterans
Affairs.
Sec. 102. Reauthorization of Veterans' Advisory Committee on Education.
Sec. 103. 18-month period for training of new disabled veterans'
outreach program specialists and local veterans'
employment representatives by National Veterans'
Employment and Training Services Institute.
Sec. 104. Clarification of responsibility of Secretary of Veterans
Affairs to verify small business ownership.
Sec. 105. Demonstration project for referral of USERRA claims against
Federal agencies to the Office of Special Counsel.
Sec. 106. Veterans Energy-Related Employment Program.
Sec. 107. Pat Tillman Veterans' Scholarship Initiative.

TITLE II--HOUSING AND HOMELESSNESS MATTERS

Sec. 201. Reauthorization of appropriations for Homeless Veterans
Reintegration Program.
Sec. 202. Homeless women veterans and homeless veterans with children
reintegration grant program.
Sec. 203. Specially Adapted Housing assistive technology grant program.
Sec. 204. Waiver of housing loan fee for certain veterans with service-
connected disabilities called to active service.

TITLE III--SERVICEMEMBERS CIVIL RELIEF ACT MATTERS

Sec. 301. Residential and motor vehicle leases.
Sec. 302. Termination of telephone service contracts.
Sec. 303. Enforcement by the Attorney General and by private right of
action.

TITLE IV--INSURANCE MATTERS

Sec. 401. Increase in amount of supplemental insurance for totally
disabled veterans.
Sec. 402. Permanent extension of duration of Servicemembers' Group Life
Insurance coverage for totally disabled veterans.
Sec. 403. Adjustment of coverage of dependents under Servicemembers'
Group Life Insurance.
Sec. 404. Opportunity to increase amount of Veterans' Group Life
Insurance.
Sec. 405. Elimination of reduction in amount of accelerated death
benefit for terminally-ill persons insured under
Servicemembers' Group Life Insurance and Veterans' Group
Life Insurance.
Sec. 406. Consideration of loss of dominant hand in prescription of
schedule of severity of traumatic injury under
Servicemembers' Group Life Insurance.
Sec. 407. Enhancement of veterans' mortgage life insurance.
Sec. 408. Expansion of individuals qualifying for retroactive benefits
from traumatic injury protection coverage under
Servicemembers' Group Life Insurance.

TITLE V--BURIAL AND CEMETERY MATTERS

Sec. 501. Increase in certain burial and funeral benefits and plot
allowances for veterans.
Sec. 502. Interment in national cemeteries of parents of certain
deceased veterans.
Sec. 503. Reports on selection of new national cemeteries.

TITLE VI--COMPENSATION AND PENSION

Sec. 601. 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. 602. Cost-of-living increase for temporary dependency and
indemnity compensation payable for surviving spouses with
dependent children under the age of 18.
Sec. 603. Payment of dependency and indemnity compensation to survivors
of former prisoners of war who died on or before
September 30, 1999.
Sec. 604. Exclusion of certain amounts from consideration as income for
purposes of veterans pension benefits.
Sec. 605. Commencement of period of payment of original awards of
compensation for veterans retired or separated from the
uniformed services for catastrophic disability.
Sec. 606. Applicability of limitation to pension payable to certain
children of veterans of a period of war.
Sec. 607. Extension of reduced pension for certain veterans covered by
Medicaid plans for services furnished by nursing
facilities.
Sec. 608. Codification of 2009 cost-of-living adjustment in rates of
pension for disabled veterans and surviving spouses and
children.

TITLE VII--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES

Sec. 701. Clarification that USERRA prohibits wage discrimination
against members of the Armed Forces.
Sec. 702. Clarification of the definition of ``successor in interest''.
Sec. 703. Technical amendments.

TITLE VIII--BENEFITS MATTERS

Sec. 801. Increase in number of veterans for which programs of
independent living services and assistance may be
initiated.
Sec. 802. Payment of unpaid balances of Department of Veterans Affairs
guaranteed loans.
Sec. 803. Eligibility of disabled veterans and members of the Armed
Forces with severe burn injuries for automobiles and
adaptive equipment.
Sec. 804. Enhancement of automobile assistance allowance for veterans.
Sec. 805. National Academies review of best treatments for chronic
multisymptom illness in Persian Gulf War veterans.
Sec. 806. Extension and modification of National Academy of Sciences
reviews and evaluations on illness and service in Persian
Gulf War and Post-9/11 Global Operations Theaters.
Sec. 807. Extension of authority for regional office in Republic of the
Philippines.
Sec. 808. Extension of an annual report on equitable relief.
Sec. 809. Authority for the performance of medical disability
examinations by contract physicians.

TITLE IX--AUTHORIZATION OF MEDICAL FACILITY PROJECTS AND MAJOR MEDICAL
FACILITY LEASES

Sec. 901. Authorization of fiscal year 2011 major medical facility
leases.
Sec. 902. Modification of authorization amount for major medical
facility construction project previously authorized for
the Department of Veterans Affairs Medical Center, New
Orleans, Louisiana.
Sec. 903. Modification of authorization amount for major medical
facility construction project previously authorized for
the Department of Veterans Affairs Medical Center, Long
Beach, California.
Sec. 904. Authorization of appropriations.
Sec. 905. Requirement that bid savings on major medical facility
projects of Department of Veterans Affairs be used for
other major medical facility construction projects of the
Department.

TITLE X--OTHER MATTERS

Sec. 1001. Technical corrections.
Sec. 1002. Statutory Pay-As-You-Go Act compliance.

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

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

TITLE I--EMPLOYMENT, SMALL BUSINESS, AND EDUCATION MATTERS

SEC. 101. EXTENSION AND EXPANSION OF AUTHORITY FOR CERTAIN
QUALIFYING WORK-STUDY ACTIVITIES FOR PURPOSES
OF THE EDUCATIONAL ASSISTANCE PROGRAMS OF THE
DEPARTMENT OF VETERANS AFFAIRS.

(a) Extension.--Paragraph (4) of section 3485(a) is amended
by striking ``June 30, 2010'' each place it appears and
inserting ``June 30, 2013''.
(b) Activities in State Veterans Agencies.--Such paragraph
is further amended by adding at the end the following new
subparagraphs:
``(G) Any activity of a State veterans agency related to
providing assistance to veterans in obtaining any benefit
under the laws administered by the Secretary or the laws of
the State.

[[Page H7322]]

``(H) A position working in a Center of Excellence for
Veteran Student Success, as established pursuant to part T of
title VIII of the Higher Education Act of 1965 (20 U.S.C.
1161t et seq.).
``(I) A position working in a cooperative program carried
out jointly by the Department and an institution of higher
learning.
``(J) Any other veterans-related position in an institution
of higher learning.''.
(c) Effective Date.--The amendment made by subsection (b)
shall take effect on October 1, 2011.

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

Section 3692(c) is amended by striking ``December 31,
2009'' and inserting ``December 31, 2013''.

SEC. 103. 18-MONTH PERIOD FOR TRAINING OF NEW DISABLED
VETERANS' OUTREACH PROGRAM SPECIALISTS AND
LOCAL VETERANS' EMPLOYMENT REPRESENTATIVES BY
NATIONAL VETERANS' EMPLOYMENT AND TRAINING
SERVICES INSTITUTE.

(a) 18-month Period.--Section 4102A(c)(8)(A) is amended by
striking ``three-year period'' and inserting ``18-month
period''.
(b) Effective Date.--
(1) Applicability to new employees.--The amendment made by
subsection (a) shall apply with respect to a State employee
assigned to perform the duties of a disabled veterans'
outreach program specialist or a local veterans' employment
representative under chapter 41 of title 38, United States
Code, who is so assigned on or after the date of the
enactment of this Act.
(2) Applicability to previously-hired employees.--In the
case of such a State employee who is so assigned on or after
January 1, 2006, and before the date of the enactment of this
Act, the Secretary of Labor shall require the State to
require, as a condition of a grant or contract under which
funds are made available to the State in order to carry out
section 4103A or 4104 of title 38, United States Code, each
such employee to satisfactorily complete the training
described in section 4102A(c)(8)(A) of such title by not
later than the date that is 18 months after the date of the
enactment of this Act.

SEC. 104. CLARIFICATION OF RESPONSIBILITY OF SECRETARY OF
VETERANS AFFAIRS TO VERIFY SMALL BUSINESS
OWNERSHIP.

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

SEC. 105. DEMONSTRATION PROJECT FOR REFERRAL OF USERRA CLAIMS
AGAINST FEDERAL AGENCIES TO THE OFFICE OF
SPECIAL COUNSEL.

(a) Establishment of Project.--The Secretary of Labor and
the Office of Special Counsel shall carry out a 36-month
demonstration project under which certain claims against
Federal executive agencies under chapter 43 of title 38,
United States Code, are referred to, or otherwise received
by, the Office of Special Counsel for assistance, including
investigation and resolution of the claim as well as
enforcement of rights with respect to the claim. The
demonstration program shall begin not later than 60 days
after the Comptroller General of the United States submits
the report required under subsection (e)(3).
(b) Referral of All Prohibited Personnel Practice Claims to
the Office of Special Counsel.--
(1) In general.--Under the demonstration project, the
Office of Special Counsel shall receive and investigate all
claims under chapter 43 of title 38, United States Code, with
respect to Federal executive agencies in cases where the
Office of Special Counsel has jurisdiction over related
claims pursuant to section 1212 of title 5, United States
Code.
(2) Related claims.--For purposes of paragraph (1), a
related claim is a claim involving the same Federal executive
agency and the same or similar factual allegations or legal
issues as those being pursued under a claim under chapter 43
of title 38, United States Code.
(c) Referral of Other Claims Against Federal Executive
Agencies.--
(1) In general.--Under the demonstration project, the
Secretary--
(A) shall refer to the Office of Special Counsel all claims
described in paragraph (2) made during the period of the
demonstration project; and
(B) may refer any claim described in paragraph (2) filed
before the demonstration project that is pending before the
Secretary at the beginning of the demonstration project.
(2) Claims described.--A claim described in this paragraph
is a claim under chapter 43 of title 38, United States Code,
against a Federal executive agency by a claimant with a
social security account number with an odd number as its
terminal digit or, in the case of a claim that does not
contain a social security account number, a case number
assigned to the claim with an odd number as its terminal
digit.
(d) Administration of Demonstration Project.--
(1) In general.--The Office of Special Counsel shall
administer the demonstration project. The Secretary shall
cooperate with the Office of Special Counsel in carrying out
the demonstration project.
(2) Treatment of certain terms in chapter 43 of title 38,
united states code.--In the case of any claim referred to, or
otherwise received by, the Office of Special Counsel under
the demonstration project, any reference to the ``Secretary''
in sections 4321, 4322, and 4326 of title 38, United States
Code, is deemed to be a reference to the ``Office of Special
Counsel''.
(3) Administrative jurisdiction.--In the case of any claim
referred to, or otherwise received by, the Office of Special
Counsel under the demonstration project, the Office of
Special Counsel shall retain administrative jurisdiction over
the claim.
(e) Data Comparability for Reviewing Agency Performance.--
(1) In general.--To facilitate the review of the relative
performance of the Office of Special Counsel and the
Department of Labor during the demonstration project, the
Office of Special Counsel and the Department of Labor shall
jointly establish methods and procedures to be used by both
the Office and the Department during the demonstration
project. Such methods and procedures shall include each of
the following:
(A) Definitions of performance measures, including--
(i) customer satisfaction;
(ii) cost (such as, but not limited to, average cost per
claim);
(iii) timeliness (such as, but not limited to, average
processing time, case age);
(iv) capacity (such as, but not limited to, staffing
levels, education, grade level, training received, caseload);
and
(v) case outcomes.
(B) Definitions of case outcomes.
(C) Data collection methods and timing of collection.
(D) Data quality assurance processes.
(2) Joint report to congress.--Not later than 90 days after
the date of the enactment of this Act, the Special Counsel
and the Secretary of Labor shall jointly submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives and to the Comptroller General of the United
States a report describing the methods and procedures
established under paragraph (1).
(3) Comptroller general report.--Not later than 30 days
after the date of the submittal of the report under paragraph
(2), the Comptroller General shall submit to the Committees
on Veterans' Affairs of the Senate and House of
Representatives a report on the report submitted under
paragraph (2) and may provide recommendations for improving
the methods and procedures described therein.
(f) Agency Data to Government Accountability Office.--The
Office of Special Counsel and the Secretary of Labor shall
submit to the Comptroller General such information and data
about the demonstration project as may be required by the
Comptroller General, from time to time during the course of
the demonstration project and at the conclusion, in order for
the Comptroller General to assess the reliability of the
demonstration data maintained by both the Office of Special
Counsel and the Department of Labor and to review the
relative performance of the Office and Department under the
demonstration project.
(g) Government Accountability Office Report.--The
Comptroller General shall review

[[Page H7323]]

the relative performance of the Office of Special Counsel and
the Department of Labor under the demonstration project and--
(1) not later than one year after the commencement of the
demonstration project, and annually thereafter during the
period when the demonstration project is conducted, submit to
the Committees on Veterans' Affairs of the Senate and House
of Representatives an interim report on the demonstration
project; and
(2) not later than 90 days after the conclusion of the
demonstration project, submit to such committees a final
report that includes the findings and conclusions of the
Comptroller General regarding the relative performance of the
Office and the Department under the demonstration project and
such recommendations as the Comptroller General determines
are appropriate.

SEC. 106. VETERANS ENERGY-RELATED EMPLOYMENT PROGRAM.

(a) Establishment of Pilot Program.--To encourage the
employment of eligible veterans in the energy industry, the
Secretary of Labor, as part of the Veterans Workforce
Investment Program, shall carry out a pilot program to be
known as the ``Veterans Energy-Related Employment Program''.
Under the pilot program, the Secretary shall award
competitive grants to not more than three States for the
establishment and administration of a State program to make
grants to energy employers that provide covered training, on-
job training, apprenticeships, and certification classes to
eligible veterans. Such a program shall be known as a ``State
Energy-Related Employment Program''.
(b) Eligibility for Grants.--To be eligible to receive a
grant under the pilot program, a State shall submit to the
Secretary an application that includes each of the following:
(1) A proposal for the expenditure of grant funds to
establish and administer a public-private partnership program
designed to provide covered training, on-job training,
apprenticeships, and certification classes to a significant
number of eligible veterans and ensure lasting and
sustainable employment in well-paying jobs in the energy
industry.
(2) Evidence that the State has--
(A) a population of eligible veterans of an appropriate
size to carry out the State program;
(B) a robust and diverse energy industry; and
(C) the ability to carry out the State program described in
the proposal under paragraph (1).
(3) Such other information and assurances as the Secretary
may require.
(c) Use of Funds.--A State that is the recipient of a grant
under this section shall use the grant for the following
purposes:
(1) Making grants to energy employers to reimburse such
employers for the cost of providing covered training, on-job
training, apprenticeships, and certification classes to
eligible veterans who are first hired by the employer on or
after November 1, 2010.
(2) Conducting outreach to inform energy employers and
veterans, including veterans in rural areas, of their
eligibility or potential eligibility for participation in the
State program.
(d) Conditions.--Under the pilot program, each grant to a
State shall be subject to the following conditions:
(1) The State shall repay to the Secretary, on such date as
shall be determined by the Secretary, any amount received
under the pilot program that is not used for the purposes
described in subsection (c).
(2) The State shall submit to the Secretary, at such times
and containing such information as the Secretary shall
require, reports on the use of grant funds.
(e) Employer Requirements.--In order to receive a grant
made by a State under the pilot program, an energy employer
shall--
(1) submit to the administrator of the State Energy-Related
Employment Program an application that includes--
(A) the rate of pay, during and after training, for each
eligible veteran proposed to be trained using grant funds;
(B) the average rate of pay for an individual employed by
the energy employer in a similar position who is not an
eligible veteran; and
(C) such other information and assurances as the
administrator may require; and
(2) agree to submit to the administrator, for each quarter,
a report containing such information as the Secretary may
specify.
(f) Limitation.--None of the funds made available to an
energy employer through a grant under the pilot program may
be used to provide training of any kind to--
(1) a person who is not an eligible veteran; or
(2) an eligible veteran for whom the employer has received
a grant, credit, or subsidy under any other provision of law.
(g) Report to Congress.--Together with the report required
to be submitted annually under section 4107(c) of title 38,
United States Code, the Secretary shall submit to Congress a
report on the pilot program for the year covered by such
report. The report on the pilot program shall include a
detailed description of activities carried out under this
section and an evaluation of the program.
(h) Administrative and Reporting Costs.--Of the amounts
appropriated pursuant to the authorization of appropriations
under subsection (j), two percent shall be made available to
the Secretary for administrative costs associated with
implementing and evaluating the pilot program under this
section and for preparing and submitting the report required
under subsection (f). The Secretary shall determine the
appropriate maximum amount of each grant awarded under this
section that may be used by the recipient for administrative
and reporting costs.
(i) Definitions.--For purposes of this section:
(1) The term ``covered training, on-job training,
apprenticeships, and certification classes'' means training,
on-job training, apprenticeships, and certification classes
that are--
(A) designed to provide the veteran with skills that are
particular to an energy industry and not directly
transferable to employment in another industry; and
(B) approved as provided in paragraph (1) or (2), as
appropriate, of subsection (a) of section 3687 of title 38,
United States Code.
(2) The term ``eligible veteran'' means a veteran, as that
term is defined in section 101(2) of title 38, United States
Code, who is employed by an energy employer and enrolled or
participating in a covered training, on-job training,
apprenticeship, or certification class.
(3) The term ``energy employer'' means an entity that
employs individuals in a trade or business in an energy
industry.
(4) The term ``energy industry'' means any of the following
industries:
(A) The energy-efficient building, construction, or
retrofits industry.
(B) The renewable electric power industry, including the
wind and solar energy industries.
(C) The biofuels industry.
(D) The energy efficiency assessment industry that serves
the residential, commercial, or industrial sectors.
(E) The oil and natural gas industry.
(F) The nuclear industry.
(j) Appropriations.--There is authorized to be appropriated
to the Secretary $1,500,000 for each of fiscal years 2012
through 2014, for the purpose of carrying out the pilot
program under this section.

SEC. 107. PAT TILLMAN VETERANS' SCHOLARSHIP INITIATIVE.

(a) Availability of Scholarship Information.--By not later
than June 1, 2011, the Secretary of Veterans Affairs shall
include on the Internet website of the Department of Veterans
Affairs a list of organizations that provide scholarships to
veterans and their survivors and, for each such organization,
a link to the Internet website of the organization.
(b) Maintenance of Scholarship Information.--The Secretary
of Veterans Affairs shall make reasonable efforts to notify
schools and other appropriate entities of the opportunity to
be included on the Internet website of the Department of
Veterans Affairs pursuant to subsection (a).

TITLE II--HOUSING AND HOMELESSNESS MATTERS

SEC. 201. REAUTHORIZATION OF APPROPRIATIONS FOR HOMELESS
VETERANS REINTEGRATION PROGRAM.

Section 2021(e)(1)(F) is amended by striking ``2009'' and
inserting ``2011''.

SEC. 202. HOMELESS WOMEN VETERANS AND HOMELESS VETERANS WITH
CHILDREN REINTEGRATION GRANT PROGRAM.

(a) Grant Program.--Chapter 20 is amended by inserting
after section 2021 the following new section:

``Sec. 2021A. Homeless women veterans and homeless veterans
with children reintegration grant program

``(a) Grants.--Subject to the availability of
appropriations provided for such purpose, the Secretary of
Labor shall make grants to programs and facilities that the
Secretary determines provide dedicated services for homeless
women veterans and homeless veterans with children.
``(b) Use of Funds.--Grants under this section shall be
used to provide job training, counseling, placement services
(including job readiness and literacy and skills training)
and child care services to expedite the reintegration of
homeless women veterans and homeless veterans with children
into the labor force.
``(c) Requirement To Monitor Expenditures of Funds.--(1)
The Secretary of Labor shall collect such information as that
Secretary considers appropriate to monitor and evaluate the
distribution and expenditure of funds appropriated to carry
out this section. The information shall include data with
respect to the results or outcomes of the services provided
to each homeless veteran under this section.
``(2) Information under paragraph (1) shall be furnished in
such form and manner as the Secretary of Labor may specify.
``(d) Administration Through the Assistant Secretary of
Labor for Veterans' Employment and Training.--The Secretary
of Labor shall carry out this section through the Assistant
Secretary of Labor for Veterans' Employment and Training.
``(e) Biennial Report to Congress.--The Secretary of Labor
shall include as part of the report required under section
2021(d) of this title an evaluation of the grant program
under this section, which shall include an evaluation of
services furnished to veterans under this section and an
analysis of the information collected under subsection (c).
``(f) Authorization of Appropriations.--(1) In addition to
any amount authorized to be appropriated to carry out section
2021 of this title, there is authorized to be appropriated to
carry out this section $1,000,000 for each of fiscal years
2011 through 2015.
``(2) Funds appropriated to carry out this section shall
remain available until expended. Funds obligated in any
fiscal year to carry out this section may be expended in that
fiscal year and the succeeding fiscal year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2021 the following new item:

``2021A. Homeless women veterans and homeless veterans with children
reintegration grant program.''.

SEC. 203. SPECIALLY ADAPTED HOUSING ASSISTIVE TECHNOLOGY
GRANT PROGRAM.

(a) In General.--Chapter 21 is amended by adding at the end
the following new section:

[[Page H7324]]

``Sec. 2108. Specially adapted housing assistive technology
grant program

``(a) Authority to Make Grants.--The Secretary shall make
grants to encourage the development of new assistive
technologies for specially adapted housing.
``(b) Application.--A person or entity seeking a grant
under this section shall submit to the Secretary an
application for the grant in such form and manner as the
Secretary shall specify.
``(c) Grant Funds.--(1) Each grant awarded under this
section shall be in an amount of not more than $200,000 per
fiscal year.
``(2) For each fiscal year in which the Secretary makes a
grant under this section, the Secretary shall make the grant
by not later than April 1 of that year.
``(d) Use of Funds.--The recipient of a grant under this
section shall use the grant to develop assistive technologies
for use in specially adapted housing.
``(e) Report.--Not later than March 1 of each fiscal year
following a fiscal year in which the Secretary makes a grant,
the Secretary shall submit to Congress a report containing
information related to each grant awarded under this section
during the preceding fiscal year, including--
``(1) the name of the grant recipient;
``(2) the amount of the grant; and
``(3) the goal of the grant.
``(f) Funding.--From amounts appropriated to the Department
for readjustment benefits for each fiscal year for which the
Secretary is authorized to make a grant under this section,
$1,000,000 shall be available for that fiscal year for the
purposes of the program under this section.
``(g) Duration.--The authority to make a grant under this
section shall begin on October 1, 2011, and shall terminate
on September 30, 2016.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2108. Specially adapted housing assistive technology grant
program.''.

SEC. 204. WAIVER OF HOUSING LOAN FEE FOR CERTAIN VETERANS
WITH SERVICE-CONNECTED DISABILITIES CALLED TO
ACTIVE SERVICE.

Section 3729(c)(1) is amended by inserting after
``retirement pay'' the following: ``or active service pay''.

TITLE III--SERVICEMEMBERS CIVIL RELIEF ACT MATTERS

SEC. 301. RESIDENTIAL AND MOTOR VEHICLE LEASES.

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

SEC. 302. TERMINATION OF TELEPHONE SERVICE CONTRACTS.

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

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

``(a) Termination by Servicemember.--
``(1) Termination.--A servicemember may terminate a
contract described in subsection (b) at any time after the
date the servicemember receives military orders to relocate
for a period of not less than 90 days to a location that does
not support the contract.
``(2) Notice.--In the case that a servicemember terminates
a contract as described in paragraph (1), the service
provider under the contract shall provide such servicemember
with written or electronic notice of the servicemember's
rights under such paragraph.
``(3) Manner of termination.--Termination of a contract
under paragraph (1) shall be made by delivery of a written or
electronic notice of such termination and a copy of the
servicemember's military orders to the service provider,
delivered in accordance with industry standards for
notification of terminations, together with the date on which
the service is to be terminated.
``(b) Covered Contracts.--A contract described in this
subsection is a contract for cellular telephone service or
telephone exchange service entered into by the servicemember
before receiving the military orders referred to in
subsection (a)(1).
``(c) Retention of Telephone Number.--In the case of a
contract terminated under subsection (a) by a servicemember
whose period of relocation is for a period of three years or
less, the service provider under the contract shall,
notwithstanding any other provision of law, allow the
servicemember to keep the telephone number the servicemember
has under the contract if the servicemember re-subscribes to
the service during the 90-day period beginning on the last
day of such period of relocation.
``(d) Family Plans.--In the case of a contract for cellular
telephone service entered into by any individual in which a
servicemember is a designated beneficiary of the contract,
the individual who entered into the contract may terminate
the contract--
``(1) with respect to the servicemember if the
servicemember is eligible to terminate contracts pursuant to
subsection (a); and
``(2) with respect to all of the designated beneficiaries
of such contract if all such beneficiaries accompany the
servicemember during the servicemember's period of
relocation.
``(e) Other Obligations and Liabilities.--For any contract
terminated under this section, the service provider under the
contract may not impose an early termination charge, but any
tax or any other obligation or liability of the servicemember
that, in accordance with the terms of the contract, is due
and unpaid or unperformed at the time of termination of the
contract shall be paid or performed by the servicemember. If
the servicemember re-subscribes to the service provided under
a covered contract during the 90-day period beginning on the
last day of the servicemember's period of relocation, the
service provider may not impose a charge for reinstating
service, other than the usual and customary charges for the
installation or acquisition of customer equipment imposed on
any other subscriber.
``(f) Return of Advance Payments.--Not later than 60 days
after the effective date of the termination of a contract
under this section, the service provider under the contract
shall refund to the servicemember any fee or other amount to
the extent paid for a period extending until after such date,
except for the remainder of the monthly or similar billing
period in which the termination occurs.
``(g) Definitions.--For purposes of this section:
``(1) The term `cellular telephone service' means
commercial mobile service, as that term is defined in section
332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).
``(2) The term `telephone exchange service' has the meaning
given that term under section 3 of the Communications Act of
1934 (47 U.S.C. 153).''.
(b) Technical Amendment.--The heading for title III of such
Act is amended by inserting ``, TELEPHONE SERVICE CONTRACTS''
after ``LEASES''.
(c) Clerical Amendments.--The table of contents in section
1(b) of such Act is amended--
(1) by striking the item relating to title III and
inserting the following new item:

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

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

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

SEC. 303. ENFORCEMENT BY THE ATTORNEY GENERAL AND BY PRIVATE
RIGHT OF ACTION.

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

``TITLE VIII--CIVIL LIABILITY

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

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

``SEC. 802. PRIVATE RIGHT OF ACTION.

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

``SEC. 803. PRESERVATION OF REMEDIES.

``Nothing in section 801 or 802 shall be construed to
preclude or limit any remedy otherwise available under other
law, including consequential and punitive damages.''.
(b) Conforming Amendments.--Such Act is further amended as
follows:
(1) Section 207 (50 U.S.C. App. 527) is amended by striking
subsection (f).
(2) Section 301(c) (50 U.S.C. App. 531(c)) is amended to
read as follows:

[[Page H7325]]

``(c) Misdemeanor.--Except as provided in subsection (a), a
person who knowingly takes part in an eviction or distress
described in subsection (a), or who knowingly attempts to do
so, shall be fined as provided in title 18, United States
Code, or imprisoned for not more than one year, or both.''.
(3) Section 302(b) (50 U.S.C. App. 532(b)) is amended to
read as follows:
``(b) Misdemeanor.--A person who knowingly resumes
possession of property in violation of subsection (a), or in
violation of section 107 of this Act, or who knowingly
attempts to do so, shall be fined as provided in title 18,
United States Code, or imprisoned for not more than one year,
or both.''.
(4) Section 303(d) (50 U.S.C. App. 533(d)) is amended to
read as follows:
``(d) Misdemeanor.--A person who knowingly makes or causes
to be made a sale, foreclosure, or seizure of property that
is prohibited by subsection (c), or who knowingly attempts to
do so, shall be fined as provided in title 18, United States
Code, or imprisoned for not more than one year, or both.''.
(5) Section 305(h) (50 U.S.C. App. 535(h)) is amended to
read as follows:
``(h) Misdemeanor.--Any person who knowingly seizes, holds,
or detains the personal effects, security deposit, or other
property of a servicemember or a servicemember's dependent
who lawfully terminates a lease covered by this section, or
who knowingly interferes with the removal of such property
from premises covered by such lease, for the purpose of
subjecting or attempting to subject any of such property to a
claim for rent accruing subsequent to the date of termination
of such lease, or attempts to do so, shall be fined as
provided in title 18, United States Code, or imprisoned for
not more than one year, or both.''.
(6) Section 306(e) (50 U.S.C. App. 536(e)) is amended to
read as follows:
``(e) Misdemeanor.--A person who knowingly takes an action
contrary to this section, or attempts to do so, shall be
fined as provided in title 18, United States Code, or
imprisoned for not more than one year, or both.''.
(7) Section 307(c) (50 U.S.C. App. 537(c)) is amended to
read as follows:
``(c) Misdemeanor.--A person who knowingly takes an action
contrary to this section, or attempts to do so, shall be
fined as provided in title 18, United States Code, or
imprisoned for not more than one year, or both.''.
(c) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end the
following new items:

``TITLE VIII--CIVIL LIABILITY

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

TITLE IV--INSURANCE MATTERS

SEC. 401. INCREASE IN AMOUNT OF SUPPLEMENTAL INSURANCE FOR
TOTALLY DISABLED VETERANS.

(a) In General.--Section 1922A(a) is amended by striking
``$20,000'' and inserting ``$30,000''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2011.

SEC. 402. PERMANENT EXTENSION OF DURATION OF SERVICEMEMBERS'
GROUP LIFE INSURANCE COVERAGE FOR TOTALLY
DISABLED VETERANS.

(a) Extension.--Section 1968(a) is amended--
(1) in paragraph (1)(A), by striking clause (ii) and
inserting the following new clause (ii):
``(ii) The date that is two years after the date of
separation or release from such active duty or active duty
for training.''; and
(2) in paragraph (4), by striking subparagraph (B) and
inserting the following new subparagraph (B):
``(B) The date that is two years after the date of
separation or release from such assignment.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to a person who is separated or
released on or after June 15, 2005.

SEC. 403. 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. 404. OPPORTUNITY TO INCREASE AMOUNT OF VETERANS' GROUP
LIFE INSURANCE.

(a) Opportunity to Increase Amount.--Section 1977(a) is
amended--
(1) in paragraph (1), by inserting ``Except as provided in
paragraph (3),'' before ``Veterans' Group Life Insurance
shall be''; and
(2) by adding after paragraph (2) the following new
paragraph:
``(3) Not more than once in each five-year period beginning
on the one-year anniversary of the date a person becomes
insured under Veterans' Group Life Insurance, such person may
elect in writing to increase by $25,000 the amount for which
the person is insured if--
``(A) the person is under the age of 60; and
``(B) the total amount for which the person is insured does
not exceed the amount provided for under section
1967(a)(3)(A)(i) of this title.''.
(b) Effective Date.--Paragraph (3) of section 1977(a) of
title 38, United States Code, as added by subsection (a),
shall take effect on the date that is 180 days after the date
of the enactment of this Act.

SEC. 405. ELIMINATION OF REDUCTION IN AMOUNT OF ACCELERATED
DEATH BENEFIT FOR TERMINALLY-ILL PERSONS
INSURED UNDER SERVICEMEMBERS' GROUP LIFE
INSURANCE AND VETERANS' GROUP LIFE INSURANCE.

(a) Elimination of Reduction.--Section 1980(b)(1) is
amended by striking ``reduced by'' and all that follows
through ``the Secretary''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to a payment of an accelerated death
benefit under section 1980 of title 38, United States Code,
made on or after the date of the enactment of this Act.

SEC. 406. CONSIDERATION OF LOSS OF DOMINANT HAND IN
PRESCRIPTION OF SCHEDULE OF SEVERITY OF
TRAUMATIC INJURY UNDER SERVICEMEMBERS' GROUP
LIFE INSURANCE.

(a) Schedule.--
(1) In general.--Section 1980A(d) is amended--
(A) by striking ``Payments under'' and inserting ``(1)
Payments under''; and
(B) 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 of a qualifying loss
of a nondominant hand.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 1, 2011.
(b) Payments for Qualifying Losses Incurred Before Date of
Enactment.--
(1) In general.--To the extent necessary, 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 paragraph (2) of
subsection (d) of such section (as added by subsection (a)(1)
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. 407. ENHANCEMENT OF VETERANS' MORTGAGE LIFE INSURANCE.

(a) In General.--Section 2106(b) is amended by striking
``$90,000'' and inserting ``$150,000, or after January 1,
2012, $200,000,''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2011.

SEC. 408. 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, 2011.

TITLE V--BURIAL AND CEMETERY MATTERS

SEC. 501. INCREASE IN CERTAIN BURIAL AND FUNERAL BENEFITS AND
PLOT ALLOWANCES FOR VETERANS.

(a) Increase in Burial and Funeral Expenses for Deaths in
Department Facilities.--Paragraph (1)(A) of subsection (a) of
section 2303 is amended by striking ``$300'' and inserting
``$700 (as increased from time to time under subsection
(c))''.
(b) Increase in Amount of Plot Allowances.--Subsection (b)
of such section is amended by striking ``$300'' both places
it appears and inserting ``$700 (as increased from time to
time under subsection (c))''.
(c) Annual Adjustment.--Such section is further amended by
adding at the end the following new subsection:
``(c) With respect to any fiscal year, the Secretary shall
provide a percentage increase (rounded to the nearest dollar)
in the maximum amount of burial and funeral expenses payable
under subsection (a) and in the maximum amount of the plot or
internment allowance payable under subsection (b), equal to
the percentage by which--
``(1) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the June 30
preceding the beginning of the fiscal year for which the
increase is made, exceeds
``(2) the Consumer Price Index for the 12-month period
preceding the 12-month period described in paragraph (1).''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
deaths occurring on or after October 1, 2011.
(2) Prohibition on cost-of-living adjustment for fiscal
year 2012.--No adjustments shall be made under section
2303(c) of title 38, United States Code, as added by
subsection (c), for fiscal year 2012.

SEC. 502. INTERMENT IN NATIONAL CEMETERIES OF PARENTS OF
CERTAIN DECEASED VETERANS.

(a) Short Title.--This section may be cited as the ``Corey
Shea Act''.

[[Page H7326]]

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

SEC. 503. REPORTS ON SELECTION OF NEW NATIONAL CEMETERIES.

(a) Initial Report.--
(1) Report required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to Congress a report on the selection of
the sites described in paragraph (2) for the purpose of
establishing new national cemeteries.
(2) Sites.--The sites described in this paragraph are the
following:
(A) An area in southern Colorado.
(B) An area near Melbourne, Florida, and Daytona, Florida.
(C) An area near Omaha, Nebraska.
(D) An area near Buffalo, New York, and Rochester, New
York.
(E) An area near Tallahassee, Florida.
(3) Site selection.--In carrying out this section, the
Secretary shall solicit advice and views of representatives
of State and local veterans organizations and other
individuals as the Secretary considers appropriate.
(4) Matters included.--The report under paragraph (1) shall
include the following:
(A) A schedule for the establishment of each cemetery at
each site described in paragraph (2) and an estimate of the
costs associated with the establishment of each such
cemetery.
(B) As of the date of the submittal of the report, the
amount of funds that are available to establish each cemetery
at each site described in paragraph (2) from amounts
appropriated to the Department of Veterans Affairs for
Advance Planning.
(b) Annual Reports.--Not later than two years after the
date of the enactment of this Act, and each year thereafter
until the date on which each cemetery at each site described
in subsection (a)(2) is established, the Secretary shall
submit to Congress an annual report that includes updates to
the information provided in the report under subsection (a).

TITLE VI--COMPENSATION AND PENSION

SEC. 601. 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 October 1, 2011.

SEC. 602. 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. 603. PAYMENT OF DEPENDENCY AND INDEMNITY COMPENSATION TO
SURVIVORS OF FORMER PRISONERS OF WAR WHO DIED
ON OR BEFORE SEPTEMBER 30, 1999.

(a) In General.--Section 1318(b)(3) is amended by striking
``who died after September 30, 1999,''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2011.

SEC. 604. EXCLUSION OF CERTAIN AMOUNTS FROM CONSIDERATION AS
INCOME FOR PURPOSES OF VETERANS PENSION
BENEFITS.

(a) Exclusion.--Section 1503(a) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by redesignating paragraph (11) as paragraph (12); and
(3) by inserting after paragraph (10) the following new
paragraph (11):
``(11) payment of a monetary amount of up to $5,000 to a
veteran from a State or municipality that is paid as a
veterans' benefit due to injury or disease; and''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to determinations of income for
calendar years beginning after October 1, 2011.

SEC. 605. 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 so designated by paragraph (1) of
this subsection, by striking ``in subsection (c) of this
section'' and inserting ``in paragraph (2) 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

[[Page H7327]]

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) For the purposes of 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 October 1, 2011, and shall apply with
respect to awards of compensation based on original claims
that become effective on or after that date.

SEC. 606. 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. 607. 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 ``May 31, 2015''.

SEC. 608. CODIFICATION OF 2009 COST-OF-LIVING ADJUSTMENT IN
RATES OF PENSION FOR DISABLED VETERANS AND
SURVIVING SPOUSES AND CHILDREN.

(a) Disabled Veterans.--Section 1521 of title 38, United
States Code, is amended--
(1) in subsection (b), by striking ``$3,550'' and inserting
``$11,830'';
(2) in subsection (c)--
(A) by striking ``$4,651'' and inserting ``$15,493''; and
(B) by striking ``$600'' and inserting ``$2,020'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``$5,680'' and inserting
``$19,736''; and
(B) in paragraph (2)--
(i) by striking ``$6,781'' and inserting ``$23,396''; and
(ii) by striking ``$600'' and inserting ``$2,020'';
(4) in subsection (e)--
(A) by striking ``$4,340'' and inserting ``$14,457'';
(B) by striking ``$5,441'' and inserting ``$18,120''; and
(C) by striking ``$600'' and inserting ``$2,020'';
(5) in subsection (f)--
(A) in paragraph (1), by striking ``$4,651'' and inserting
``$15,493'';
(B) in paragraph (2)--
(i) by striking ``$6,781'' and inserting ``$23,396''; and
(ii) by striking ``$8,911'' and inserting ``$30,480'';
(C) in paragraph (3)--
(i) by striking ``$5,441'' and inserting ``$18,120''; and
(ii) by striking ``$6,231'' and inserting ``$20,747'';
(D) in paragraph (4), by striking ``$7,571'' and inserting
``$26,018''; and
(E) in paragraph (5), by striking ``$600'' and inserting
``$2,020''; and
(6) in subsection (g), by striking ``$800'' and inserting
``$2,686''.
(b) Surviving Spouses.--Section 1541 of such title is
amended--
(1) in subsection (b), by striking ``$2,379'' and inserting
``$7,933'';
(2) in subsection (c)--
(A) by striking ``$3,116'' and inserting ``$10,385''; and
(B) by striking ``$600'' and inserting ``$2,020'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``$3,806'' and inserting
``$12,681''; and
(B) in paragraph (2)--
(i) by striking ``$4,543'' and inserting ``$15,128''; and
(ii) by striking ``$600'' and inserting ``$2,020''; and
(4) in subsection (e)(1)--
(A) by striking ``$2,908'' and inserting ``$9,696'';
(B) by striking ``$3,645'' and inserting ``$12,144''; and
(C) by striking ``$600'' and inserting ``$2,020''.
(c) Surviving Children.--Section 1542 of such title is
amended by striking ``$600'' and inserting ``$2,020'' both
places it appears.
(d) Effective Date.--The amendments made by subsections
(a), (b), and (c) shall apply with respect to pensions paid
on or after December 1, 2009.

TITLE VII--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES

SEC. 701. CLARIFICATION 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. 702. CLARIFICATION OF 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. 703. TECHNICAL AMENDMENTS.

(a) Amendment to Section 4324 of Title 38, United States
Code.--Section 4324(b)(4) is amended by inserting before the
period the following: ``declining to initiate an action and
represent the person before the Merit Systems Protection
Board''.
(b) 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''.
(c) 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''.

TITLE VIII--BENEFITS MATTERS

SEC. 801. INCREASE IN NUMBER OF VETERANS FOR WHICH PROGRAMS
OF INDEPENDENT LIVING SERVICES AND ASSISTANCE
MAY BE INITIATED.

(a) Increase.--Section 3120(e) is amended by striking
``2600'' and inserting ``2,700''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to fiscal years beginning after the
date of the enactment of this Act.

SEC. 802. PAYMENT OF UNPAID BALANCES OF DEPARTMENT OF
VETERANS AFFAIRS GUARANTEED LOANS.

(a) In General.--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 principal balance of the
obligation due, plus accrued interest, as of the date of the
filing of the petition under title 11, 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.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to a housing loan guaranteed after
the date of the enactment of this Act.

SEC. 803. 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 ``the
disabilities described in subclause (i), (ii), or (iii)
below'' and inserting ``the following disabilities''; 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 each of 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''.

[[Page H7328]]

SEC. 804. 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
``$18,900 (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) Effective on October 1 of each year (beginning in
2011), the Secretary shall increase the dollar amount in
effect under subsection (a) by a percentage equal to the
percentage by which the Consumer Price Index for all urban
consumers (U.S. city average) increased during the 12-month
period ending with the last month for which Consumer Price
Index data is available. In the event that such Consumer
Price Index does not increase during such period, the
Secretary shall maintain the dollar amount in effect under
subsection (a) during the previous fiscal year.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2011.

SEC. 805. NATIONAL ACADEMIES REVIEW OF BEST TREATMENTS FOR
CHRONIC MULTISYMPTOM ILLNESS IN PERSIAN GULF
WAR VETERANS.

(a) In General.--The Secretary of Veterans Affairs shall
seek to enter into an agreement with the Institute of
Medicine of the National Academies to carry out a
comprehensive review of the best treatments for chronic
multisymptom illness in Persian Gulf War veterans and an
evaluation of how such treatment approaches could best be
disseminated throughout the Department of Veterans Affairs to
improve the care and benefits provided to veterans.
(b) Group of Medical Professionals.--Under any agreement
entered into under subsection (a), the Institute of Medicine
shall convene a group of medical professionals who are
experienced in treating individuals who served as members of
the Armed Forces in the Southwest Asia Theater of Operations
of the Persian Gulf War during 1990 or 1991 and who have been
diagnosed with chronic multisymptom illness or another health
condition related to chemical and environmental exposure that
may have occurred during such service.
(c) Report.--Any agreement entered into under subsection
(a) shall require the Institute of Medicine to submit to the
Secretary and to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the review
and evaluation described in subsection (a) by not later than
December 31, 2012. The 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.--Pursuant to any agreement entered into under
subsection (a), the Secretary shall provide the Institute of
Medicine with such funds as are necessary to ensure the
timely completion of the review described that subsection.
(e) Definitions.--For purposes of this section:
(1) The term ``chronic multisymptom illness in Persian Gulf
War veterans'' means a chronic multisymptom illness defined
by a cluster of signs or symptoms relating to service in the
Persian Gulf War, typically including widespread pain,
persistent memory and concentration problems, chronic
headaches, gastrointestinal problems, and other abnormalities
not explained by well-established diagnoses.
(2) The term ``Persian Gulf War'' has the meaning given
that term in section 101(33) of title 38, United States Code.

SEC. 806. EXTENSION AND MODIFICATION OF NATIONAL ACADEMY OF
SCIENCES REVIEWS AND EVALUATIONS ON ILLNESS AND
SERVICE IN PERSIAN GULF WAR AND POST-9/11
GLOBAL OPERATIONS THEATERS.

(a) Review and Evaluation of Agents and Illnesses
Associated With Persian Gulf War Service.--
(1) Extension of review and evaluation.--Subsection (j) of
section 1603 of the Persian Gulf War Veterans Act of 1998
(Public Law 105-277; 38 U.S.C. 1117 note), as amended by
section 202(d)(2) of the Veterans Education and Benefits
Expansion Act of 2001 (Public Law 107-173; 115 Stat. 989), is
amended by striking ``October 1, 2010'' and inserting
``October 1, 2015''.
(2) Disaggregation of results by theaters of operations
before and after september 11, 2001.--Such section is further
amended--
(A) in subsection (c)(1)(A), by striking ``who served in
the Southwest Asia theater of operations'' and all that
follows and inserting ``who may have been exposed by reason
of service in the Southwest Asia theater of operations during
the Persian Gulf War or, after September 11, 2001, in another
Post-9/11 Global Theater of Operations; and'';
(B) in subsection (g)(1), by striking ``Gulf War service''
and inserting ``service described in subsection (c)(1)(A)'';
(C) in subsection (i)--
(i) in paragraph (1), by striking ``paragraph (5)'' and
inserting ``paragraph (6)'';
(ii) by redesignating paragraph (5) as paragraph (6); and
(iii) by inserting after paragraph (4) the following new
paragraph (5):
``(5) In each report under this subsection submitted after
the date of the enactment of this paragraph, any
determinations, results, and recommendations as described in
paragraph (2) shall be submitted separately as follows:
``(A) For the Southwest Asia theater of operations for the
period of the Persian Gulf War ending on September 11, 2001.
``(B) For the Post-9/11 Global Theaters of Operations for
the period of the Persian Gulf War beginning on September 11,
2001.''; and
(D) by adding at the end the following new subsection:
``(l) Definitions.--In this section:
``(1) The term `Persian Gulf War' has the meaning given
that term in section 101(33) of title 38, United States Code.
``(2) The term `Post-9/11 Global Theater of Operations'
means Afghanistan, Iraq, and any other theater of operations
for which the Global War on Terrorism Expeditionary Medal is
awarded for service.''.
(b) Review and Evaluation of Available Evidence Regarding
Illness and Service in Persian Gulf War.--
(1) In general.--Subsection (j) of section 101 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) Disaggregation of results by theaters of operations
before and after september 11, 2001.--Such section is further
amended--
(A) in subsection (c)(1)--
(i) in the matter preceding subparagraph (A), by striking
``Gulf war veterans'' and all that follows through ``Persian
Gulf War'' and inserting ``veterans who served in the Armed
Forces in the Southwest Asia theater of operations during the
Persian Gulf War or, after September 11, 2001, in another
Post-9/11 Global Theater of Operations and the health
consequences of exposures to risk factors during such
service''; and
(ii) in subparagraph (A), by striking ``who served'' and
all that follows through ``such service'' and inserting ``who
may have been exposed by reason of service in the Southwest
Asia theater of operations during the Persian Gulf War or,
after September 11, 2001, in another Post-9/11 Global Theater
of Operations'';
(B) in subsection (e)(1)--
(i) in the matter preceding subparagraph (A), by striking
``Gulf War service or exposure during Gulf War service'' and
inserting ``service in the Armed Forces in the Southwest Asia
theater of operations during the Persian Gulf War or, after
September 11, 2001, in another Post-9/11 Global Theater of
Operations or exposure during such service''; and
(ii) in subparagraphs (E) and (F), by striking ``Gulf War
veterans'' each place it appears and inserting ``veterans
described in subsection (c)(1)'';
(C) in subsection (f)(1)--
(i) by striking ``service in the Persian Gulf War'' and
inserting ``service described in subsection (c)(1)(A)''; and
(ii) by striking ``Gulf War service'' and inserting ``such
service'';
(D) in subsection (h), by adding at the end the following
new paragraph:
``(5) In each report under this subsection submitted after
the date of the enactment of this paragraph, any
determinations, discussions, and recommendations as described
in paragraph (2) shall be submitted separately as follows:
``(A) For the Southwest Asia theater of operations for the
period of the Persian Gulf War ending on September 11, 2001.
``(B) For the Post-9/11 Global Theaters of Operations for
the period of the Persian Gulf War beginning on September 11,
2001.'';
(E) in subsection (i)--
(i) in paragraph (2)--

(I) by striking ``Persian Gulf War service'' and inserting
``service described in subsection (c)(1)(A)'';
(II) by striking ``service in the Persian Gulf War'' and
inserting ``such service''; and
(III) by striking ``Gulf War veterans'' and inserting
``veterans described in subsection (c)(1)(A)''; and

(ii) by adding at the end the following new paragraph:
``(4) In each report under this subsection submitted after
the date of the enactment of this paragraph, any
recommendations as described in paragraph (2) shall be
submitted separately as follows:
``(A) For the Southwest Asia theater of operations for the
period of the Persian Gulf War ending on September 11, 2001.
``(B) For the Post-9/11 Global Theaters of Operations for
the period of the Persian Gulf War beginning on September 11,
2001.''; and
(F) in subsection (k)--
(i) by striking ``In this section, the term'' and inserting
the following: ``In this section:
``(1) The term `Persian Gulf War' has the meaning given
that term in section 101(33) of title 38, United States Code.
``(2) The term `Post-9/11 Global Theater of Operations'
means Afghanistan, Iraq, and any other theater of operations
for which the Global War on Terrorism Expeditionary Medal is
awarded for service.
``(3) The term''; and
(ii) in paragraph (3), as designated by clause (i)--

(I) by striking ``vaccine associated with Gulf War service'
means'' and inserting ``vaccine', with respect to service
described in subsection (c)(1)(A), means''; and
(II) by striking ``service in the Armed Forces in the
Southwest Asia theater of operations during the Persian Gulf
War'' and inserting ``service described in such subsection
(c)(1)(A)''.

(3) 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. 807. EXTENSION OF AUTHORITY FOR REGIONAL OFFICE IN
REPUBLIC OF THE PHILIPPINES.

(a) Extension of Authority.--Section 315(b) is amended by
striking ``December 31, 2010'' and inserting ``December 31,
2011''.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit

[[Page H7329]]

to the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate and the Committee on Veterans'
Affairs and the Committee on Appropriations of the House of
Representatives a report on the regional office of the
Department of Veterans Affairs in the Republic of the
Philippines.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the activities of the office described
in such paragraph, including activities relating to the
administration of benefits provided under laws administered
by the Secretary of Veterans Affairs and benefits provided
under the Social Security Act (42 U.S.C. 301 et seq.).
(B) An assessment of the costs and benefits of maintaining
such office in the Republic of the Philippines in comparison
with the costs and benefits of moving the activities of such
office to the United States.

SEC. 808. EXTENSION OF AN ANNUAL REPORT ON EQUITABLE RELIEF.

Section 503(c) is amended by striking ``December 31, 2009''
and inserting ``December 31, 2014''.

SEC. 809. AUTHORITY FOR THE PERFORMANCE OF MEDICAL DISABILITY
EXAMINATIONS BY CONTRACT PHYSICIANS.

Section 704(c) of the Veterans Benefits Act of 2003 (Public
Law 108-183; 38 U.S.C. 5101 note), as amended by section 105
of the Veterans' Benefits Improvement Act of 2008 (Public Law
110-389; 122 Stat. 4149) is amended by striking ``December
31, 2010'' and inserting ``December 31, 2012''.

TITLE IX--AUTHORIZATION OF MEDICAL FACILITY PROJECTS AND MAJOR MEDICAL
FACILITY LEASES

SEC. 901. AUTHORIZATION OF FISCAL YEAR 2011 MAJOR MEDICAL
FACILITY LEASES.

The Secretary of Veterans Affairs may carry out the
following fiscal year 2011 major medical facility leases at
the locations specified, in an amount not to exceed the
amount shown for each such location:
(1) Billings, Montana, Community Based Outpatient Clinic,
in an amount not to exceed $7,149,000.
(2) Boston, Massachusetts, Outpatient Clinic, in an amount
not to exceed $3,316,000.
(3) San Diego, California, Community Based Outpatient
Clinic, in an amount not to exceed $21,495,000.
(4) San Francisco, California, Research Lab, in an amount
not to exceed $10,055,000.
(5) San Juan, Puerto Rico, Mental Health Facility, in an
amount not to exceed $5,323,000.

SEC. 902. MODIFICATION OF AUTHORIZATION AMOUNT FOR MAJOR
MEDICAL FACILITY CONSTRUCTION PROJECT
PREVIOUSLY AUTHORIZED FOR THE DEPARTMENT OF
VETERANS AFFAIRS MEDICAL CENTER, NEW ORLEANS,
LOUISIANA.

Section 801(a)(1) of the Veterans Benefits, Health Care,
and Information Technology Act of 2006 (Public Law 109-461;
120 Stat. 3442), as amended by section 702(a)(1) of the
Veterans' Mental Health and Other Care Improvements Act of
2008 (Public Law 110-387; 122 Stat. 4137), is amended by
striking ``$625,000,000'' and inserting ``$995,000,000''.

SEC. 903. MODIFICATION OF AUTHORIZATION AMOUNT FOR MAJOR
MEDICAL FACILITY CONSTRUCTION PROJECT
PREVIOUSLY AUTHORIZED FOR THE DEPARTMENT OF
VETERANS AFFAIRS MEDICAL CENTER, LONG BEACH,
CALIFORNIA.

Section 802(9) of the Veterans Benefits, Health Care, and
Information Technology Act of 2006 (Public Law 109-461; 120
Stat. 3443) is amended by striking ``$107,845,000'' and
inserting ``$117,845,000''.

SEC. 904. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization of Appropriations for Construction.--
There is authorized to be appropriated to the Secretary of
Veterans Affairs for fiscal year 2011 for the Construction,
Major Projects account $1,112,845,000, of which--
(1) $995,000,000 is for the increased amounts authorized
for the project whose authorization is modified by section
902; and
(2) $117,845,000 is for the increased amounts authorized
for the project whose authorization is modified by section
903.
(b) Authorization of Appropriations for Medical Facility
Leases.--There is authorized to be appropriated to the
Secretary of Veterans Affairs for fiscal year 2011 for the
Medical Facilities account $47,338,000 for the leases
authorized in section 901.
(c) Limitations.--The projects whose authorizations are
modified under sections 902 and 903 may only be carried out
using--
(1) funds appropriated for fiscal year 2011 pursuant to the
authorization of appropriations in subsection (a) of this
section;
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2011 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2011 that remain available for
obligation;
(4) funds appropriated for Construction, Major Projects,
for fiscal year 2011 for a category of activity not specific
to a project;
(5) funds appropriated for Construction, Major Projects,
for a fiscal year before 2011 for a category of activity not
specific to a project; and
(6) funds appropriated for Construction, Major Projects,
for a fiscal year after 2011 for a category of activity not
specific to a project.

SEC. 905. REQUIREMENT THAT BID SAVINGS ON MAJOR MEDICAL
FACILITY PROJECTS OF DEPARTMENT OF VETERANS
AFFAIRS BE USED FOR OTHER MAJOR MEDICAL
FACILITY CONSTRUCTION PROJECTS OF THE
DEPARTMENT.

Section 8104(d) is amended--
(1) by striking ``In any case'' and inserting ``(1) Except
as provided in paragraph (2), in any case''; and
(2) by adding at the end the following new paragraph:
``(2)(A) In any fiscal year, unobligated amounts in the
Construction, Major Projects account that are a direct result
of bid savings from a major medical facility project may only
be obligated for major medical facility projects authorized
for that fiscal year or a previous fiscal year.
``(B) Whenever the Secretary obligates amounts for a major
medical facility under subparagraph (A), the Secretary shall
submit to the Committee on Veterans' Affairs and the
Committee on Appropriations of the Senate and the Committee
on Veterans' Affairs and the Committee on Appropriations of
the House of Representatives notice of the following:
``(i) The major medical facility project that is the source
of the bid savings.
``(ii) The other major medical facility project for which
the amounts are being obligated.
``(iii) The amounts being obligated for such other major
medical facility project.''.

TITLE X--OTHER MATTERS

SEC. 1001. TECHNICAL CORRECTIONS.

(a) Chapter 1.--The table of sections at the beginning of
chapter 1 is amended by striking the item relating to section
118 and inserting the following new item:

``118. Submission of reports to Congress in electronic form.''.

(b) Chapter 11.--Section 1114(r)(2) is amended by striking
``$$2,983'' and inserting ``$2,983''.
(c) Chapter 17.--Chapter 17 is amended as follows:
(1) In each of subparagraphs (A) and (B) of section
1717(a)(2), by striking ``the date of the Caregivers and
Veterans Omnibus Health Services Act of 2010'' each place it
appears and inserting ``May 5, 2010''.
(2) In section 1785--
(A) by striking ``section 2811(b) of the Public Health
Service Act (42 U.S.C. 300hh-11(b))'' and inserting ``section
2812 of the Public Health Service Act (42 U.S.C. 300hh)'';
and
(B) by striking ``paragraph (3)(A) of''.
(d) Chapter 19.--Chapter 19 is amended as follows:
(1) In the third sentence of section 1967(a)(3)(B), by
striking ``spouse,,'' and inserting ``spouse,''.
(2) In the second sentence of section 1980A(h), by
inserting ``section'' before ``1968(a)''.
(e) Chapter 20.--Section 2044(e)(3) is amended by striking
``fiscal year'' and inserting ``fiscal years''.
(f) Chapter 30.--The table of sections at the beginning of
chapter 30 is amended by striking the item relating to
section 3020 and inserting the following new item:

``3020. Authority to transfer unused education benefits to family
members for career service members.''.

(g) Chapter 33.--Chapter 33 is amended as follows:
(1) In section 3313(c)(1), by striking ``higher education''
each place it appears and inserting ``higher learning''
(2) In section 3313(d)(3), by striking ``assistance this
chapter'' and inserting ``assistance under this chapter''.
(3) In section 3313(e)(2)(B), by inserting a period at the
end.
(4) In section 3316(b)(2), by striking ``supplement'' and
inserting ``supplemental''.
(5) In section 3316(b)(3), by striking ``educational
payable'' and inserting ``educational assistance payable''.
(6) In section 3318(b)(2)(B), by striking ``higher
education'' and inserting ``higher learning''.
(7) In section 3319(b)(2), by striking ``section (k)'' and
inserting ``subsection (j)''.
(8) In section 3321(b)(2), by striking ``3312'' and
inserting ``section 3312 of this title''.
(h) Chapter 35.--Section 3512(a)(6) is amended by striking
``this clause'' and inserting ``this paragraph''.
(i) Chapter 36.--Section 3684(a)(1) is amended by striking
``,,'' and inserting a comma.
(j) Chapter 37.--Section 3733(a)(7) is amended by inserting
a comma after ``2003''.
(k) Chapter 41.--Section 4102A(b)(8) is amended by striking
``Employment and Training'' and inserting ``Employment,
Training''.
(l) Chapter 55.--Chapter 55 is amended as follows:
(1) In section 5510, in the second sentence of the matter
preceding paragraph (1) by striking ``following: --'' and
inserting ``following:''.
(2) In section 5510(9), by striking ``government'' and
inserting ``Government''.
(m) Chapter 57.--Chapter 57 is amended as follows:
(1) In section 5723(g)(2), by inserting ``the'' before
``Department''.
(2) In section 5727(20), by striking ``subordinate plan
defines'' and inserting ``plan that defines''.
(n) Chapter 73.--Chapter 73 is amended as follows:
(1) The table of sections at the beginning of such chapter
is amended by striking the item relating to section 7333 and
inserting the following new item:

``7333. Nondiscrimination against alcohol and drug abusers and persons
infected with the human immunodeficiency virus.''.

(2) In section 7325(b)(2), by striking ``section 2811(b) of
the Public Health Service Act (42 U.S.C. 300hh-11(b))'' and
inserting ``section 2812 of the Public Health Service Act (42
U.S.C. 300hh-11)''.
(o) Chapter 79.--Section 7903(a) is amended by striking
``paragraph (2)'' and inserting ``paragraph (3)''.
(p) Chapter 81.--Chapter 81 is amended as follows:

[[Page H7330]]

(1) In section 8111A(a)(2)(B)(ii)--
(A) by striking ``section 2811(b) of the Public Health
Service Act (42 U.S.C. 300hh-11(b))'' and inserting ``section
2812 of the Public Health Service Act (42 U.S.C. 300hh)'';
and
(B) by striking ``paragraph (3)(A) of''.
(2) In section 8117(e)--
(A) in paragraph (1), by striking ``(42 U.S.C. 300hh-
11(b))'' and inserting ``(42 U.S.C. 300hh-11)''; and
(B) in paragraph (2), by striking ``(42 U.S.C. 247d-6(a))''
and inserting ``(42 U.S.C. 247d-6)''.

SEC. 1002. STATUTORY PAY-AS-YOU-GO ACT COMPLIANCE.

The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.

Amend the title so as to read: ``An Act to amend title
38, United States Code, and the Servicemembers Civil Relief
Act to make certain improvements in the laws administered by
the Secretary of Veterans Affairs, and for other purposes.''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Filner) and the gentleman from Indiana (Mr. Buyer) each
will control 20 minutes.
The Chair recognizes the gentleman from California.

General Leave

Mr. FILNER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 3219.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. FILNER. I yield myself such time as I may consume.
Mr. Speaker, as chairman of the House Committee on Veterans' Affairs,
I rise in strong support of what is now entitled the Veterans' Benefits
Act of 2010, H.R. 3219, the title being amended in the Senate.
This is an omnibus benefits bill jointly assembled by both the House
Committee on Veterans' Affairs and the Senate Committee on Veterans'
Affairs. It is comprehensive. It is bipartisan. It is bicameral. In
fact, and we can rarely say this, Mr. Speaker, it has already been
approved by the Senate by unanimous consent.
The critical bill would greatly enhance, expand, and modernize many
of the benefits afforded to our veterans, particularly disabled
veterans, their families, and survivors.
The provisions in this bill are the culminating result of numerous
productive hearings and markups, meaningful oversight and bipartisan
compromise, all to ensure that those who are willing to lay down their
lives for our country and their families and survivors receive
meaningful, world-class, 21st century benefits from their Nation.
I want to thank the chairman of the Subcommittee on Disability
Assistance and Memorial Affairs, John Hall of New York; Representative
Stephanie Herseth Sandlin, the chairwoman of the Subcommittee on
Economic Opportunity; and their respective ranking members, Mr. Lamborn
and Mr. Boozman, for shepherding many of these provisions through their
committees. It will do a great deal of good for our veterans, their
families, and survivors.
For example, section 101 includes language originally sponsored by
Congresswoman Herseth Sandlin of South Dakota that would reauthorize
the recently expired VA work-study program and expand the type of work
available for veterans participating in the program. In the last fiscal
year of 2009, a little over 17,000 veterans participated in this
important program.
Section 102 incorporates legislation championed by Mrs. Kirkpatrick
of Arizona, which would reauthorize the VA Veterans' Advisory Committee
on Education. The committee would provide the VA Secretary with a
knowledgeable group of experts to give feedback on existing education
benefits and information on ways to improve current programs.
Section 106 includes language championed by a new but very active
member of our committee, Congressman Harry Teague of New Mexico.
Congressman Teague's bipartisan work in advancing this pilot program,
which seeks to employ our Nation's veterans while addressing the
growing need for an energy-related workforce, is to be strongly
commended.
Mr. Teague also championed section 204, which would provide injured
servicemembers returning to active duty a waiver for the VA's home loan
funding fees, keeping it in line with the intent of the waiver, which
is to assist our injured servicemembers and veterans. I applaud
Congressman Teague for his leadership.
Sections 201 and 202 include provisions championed by Congressman
Boozman, which seek to reauthorize the Homeless Veterans Reintegration
Program and create a similar program to focus on homeless women
veterans and homeless veterans with children.
Sections 301 through 303 incorporate provisions that I and
Congressman Connolly of Virginia have worked on during this Congress.
These sections seek to strengthen the Servicemembers Civil Relief Act
by permitting the cancellation of motor vehicle leases, prohibiting
early termination penalties, and allowing servicemembers the option to
cancel certain phone and service contracts.
Sections 401, 402, 404, 405, and 407 represent the great work of Mr.
Donnelly of Indiana; Mrs. Halvorson of Illinois; Mr. Buyer, who is
retiring; Mrs. Kirkpatrick of Arizona; and Mr. Perriello. These
provisions increase many of the outdated insurance policy amounts and
terms for our veterans, many of whom are severely disabled or who have
suffered traumatic injury.
Sections 501, 502, and 503 represent burial and cemetery matters put
forth by Ms. Berkley of Nevada, Mr. Frank of Massachusetts, and Mr.
Salazar of Colorado.
Ms. Berkley and Mr. Salazar are both former members of our Committee
on Veterans' Affairs. Ms. Berkley has been a longtime champion of
increasing funeral benefits and plot allowances to reflect modern
costs. Mr. Salazar has worked tirelessly to ensure that the veterans in
the southern Colorado region would be served by a national cemetery.
Now, both of these goals are set for enactment.
Mr. Frank's provision is known as the Corey Shea Act and would allow
parents of our fallen servicemembers to be laid to rest with their son
or daughter if there are no other eligible survivors.
The bill contains a host of upgraded benefits, including:
Section 604, championed by Mr. Higgins of New York, which would allow
our low-income pensioners to receive payments of up to $5,000 from
States or municipalities without offset;
Section 803 would provide greater automobile and adaptive equipment
to veterans with severe burn injuries;
Section 804 would increase the automobile allowance for disabled
veterans from $11,000 to almost $19,000; and
Sections 805 and 806 would allow the Institute of Medicine to take a
closer look at those veterans who suffer from illnesses associated with
service in the Persian Gulf wars.
This bill enjoys resounding support from the veterans service
organizations, including Gold Star Wives, Disabled American Veterans,
Paralyzed Veterans of America, Veterans of Foreign Wars, AMVETS,
Blinded Veterans Association, the American Legion, and the Military
Order of the Purple Heart.
I thank all the Members of the House who have contributed to and
worked on this comprehensive bill. On behalf of our 24 million veterans
and their families and survivors and as chairman of the Committee on
Veterans' Affairs, I thank all of you for your input.
Of course, none of this would have come to fruition without the hard
work of our committee staff. I thank those on both sides of the aisle
and their counterparts in the Senate. I want to especially thank the
staff from the House Legislative Counsel and the Congressional Budget
Office.
Finally, I want to thank our staff director, Malcom Shorter; our
staff director for disability, Kimberly Ross; and her colleague, Juan
Lara, for their tireless work to see this great effort through to
finality.

AMVETS,

National Headquarters,

Lanham, MD, September 24, 2010.
Hon. Bob Filner,
Chairman, House Committee on Veterans Affairs, Washington,
DC.
Dear Chairman Filner: On behalf of AMVETS (American
Veterans) I would like to provide our organizational support
for the Veterans' Benefits Act of 2010. There are

[[Page H7331]]

countless provisions that will improve employment and
education opportunities, increase insurance benefits, enhance
compensation and pension, and the list goes on.
Many of the sections of this bill are issue AMVETS has been
advocating for years, and AMVETS is pleased to see this bill
is compliant with PAYGO rules.
AMVETS looks forward to the introduction and timely passage
of this comprehensive piece of legislation. We look forward
to our continued work together to advance veterans issues
Respectfully,
Raymond C. Kelley,
National Legislative Director, AMVETS.
____

PVA,

Paralyzed Veterans of America,

Washington, DC, September 27, 2010.
Hon. Bob Filner,
Chairman, House Committee on Veterans' Affairs, Washington,
DC.
Dear Chairman Filner: On behalf of Paralyzed Veterans of
America (PVA), I offer our support for the ``Veterans
Benefits Act of 2010.'' This critically important legislation
addresses a wide range of needed improvements in benefits
available to veterans and their families.
This legislation contains a number of provisions that are
particularly important to PVA and its members. Specifically,
we appreciate the significant increase in the adaptive
automobile grant from $11,000 to $18,500 and the annual index
that will now apply to this benefit to ensure that its
purchasing power is not eroded over time. Likewise, we
recognize the importance of expanding access to adaptive
automobile assistance to disabled veterans who have incurred
severe burns.
We are also pleased to see that the Committee has provided
additional protections to veterans and their families by
increasing the Veterans' Mortgage Life Insurance benefit from
$90,000 to $150,000 and eventually to $200,000. Moreover, the
increase in the cap for Independent Living services
administered by the Department of Veterans Affairs (VA)
Vocational Rehabilitation program will prove beneficial to
the most severely disabled veterans who simply want to become
productive members of society.
Once again, we thank the Committee for its continued
emphasis on improving benefits for severely disabled veterans
and their families.
Sincerely,

Carl Blake,

National Legislative Director,
Paralyzed Veterans of America.
____

Veterans of Foreign Wars of the United States,

Washington, DC, September 27, 2010.
Hon. Bob Filner,
Chairman, House Veterans' Affairs Committee, Washington, DC.
Dear Chairman Filner, On behalf of the 2.1 million members
of the Veterans of Foreign Wars and our Auxiliaries, I would
like to offer our strong support for The Veterans' Benefit
Act of 2010. We believe this important benefits bill would
make a big difference in the lives of many veterans.
The legislation, which includes many issues that have broad
support in the House and Senate should be moved forward
favorably so veterans can benefit from the good policies
contained in the bill. Some of the provisions included in the
bill would improve life insurance benefits for those
suffering from TBI, increase burial benefits, provide a cost-
of-living increase for survivors with children under the age
of 18, and make changes to USERRA as well as updating
readjustment benefits for many disabled veterans.
We believe the provisions contained in the bill are far too
important to be delayed until next year.
We look forward to the passage of this most critical
legislation as it will truly make a significant impact in the
lives of veterans. We appreciate your commitment to America's
veterans and look forward to working with you and your staff
Sincerely,
Gerald T. Manar,
Deputy Director.
____

Disabled American Veterans,

Washington, DC, September 28, 2010.
Hon. Bob Filner,
Chairman, House Veterans' Affairs Committee, Washington, DC.
Dear Chairman Filner: On behalf of the 1.2 million members
of the Disabled American Veterans (DAV), I am writing to
support compromise legislation entitled the ``Veterans
Benefits Act of 2010,'' which is expected to be considered in
the House this week. This omnibus bill contains a number of
provisions that are of great importance to America's
veterans, including several that are priorities for DAV and
the disabled veterans we represent.
Approval of this legislation would increase the automobile
assistance allowance from $11,000 to $18,900, index it to the
Consumer Price Index, and expand eligibility for the benefit
to veterans and service members with severe burn injuries.
The bill would increase disability compensation provided to
severely disabled veterans who have difficulty using
prostheses as well as provide aid and attendance benefits to
veterans suffering from traumatic brain injury. Enactment of
the legislation would increase the amount of supplemental
insurance for totally disabled veterans from $20,000 to
$30,000 and immediately increase the limit of Veterans
Mortgage Life Insurance (VMLI) for disabled veterans from
$90,000 to $150,000, and then to $200,000 beginning in 2012.
The bill would also increase the number of veterans who could
participate in VA's independent living services and
assistance program from 2,600 to 2,700.
Overall, the ``Veterans Benefits Act of 2010'' makes
important improvements to an array of federal benefits that
help to compensate and support veterans transitioning back
into civilian life, especially those who return with
disabilities from their service. DAV supports approval of
this legislation and thanks you for your support of disabled
veterans.
Sincerely,
Joseph A. Violante,
National Legislative Director.
____

Blinded Veterans Association,

Washington, DC, September 27, 2010.
Hon. Bob Filner,
Chairman, House Veterans' Affairs Committee, U.S. Congress,
Washington, DC.
Dear Chairman Filner, The Blinded Veterans Association
(BVA), is the only congressionally chartered veterans service
organization exclusively dedicated to serving the needs of
our nation's blinded veterans and their families for 65
years, and fully supports passage of HR 3219 Veterans
Benefits Act of 2010 to help veterans with a wide variety of
benefits and education issues. The positive changes in this
legislation will assist veterans in many employment and
education initiatives and expansion of other necessary
changes to improve the lives of veterans and their families.
This legislation would improve the older blinded veterans'
lives that receive small state annuities but loose them when
they are offset currently from their VA pensions. We
appreciate the effort that Congressman Hall and you both have
made in including a fix to this long standing problem in
section 604 for these disabled veterans.
Chairman Filner, BVA thanks you for your strong leadership
on working to get passage of HR 3219 Veterans Benefits Act of
2010. Your dedication and solid commitment to America's
current and future veterans, is very appreciated by the
Blinded Veterans Association.
Sincerely,
Thomas Zampieri Ph.D.,
Director, Government Relations.
____

Gold Star Wives of America, Inc.,

Arlington, VA, September 27, 2010.
Chairman Bob Filner,
House Committee on Veterans' Affairs, Washington, DC.
Gold Star Wives of America, Inc. is happy to support the
Veterans' Benefits Act of 2010, H.R. 3219. All the provisions
of this bill are beneficial, but we especially like the
provisions listed below.
Section 107 requires the Department of Veterans Affairs to
create a webpage to list the organizations that provide
scholarship to veterans. This is much needed information and
should be readily available. We hope that this webpage will
include scholarships that are available to surviving families
and families of disabled veterans eligible for Chapter 35
education benefits.
Section 401 increases the amount of supplemental life
insurance available to totally disabled veterans to $30,000.
This is a much needed increase in this insurance benefit. We
hope that some arrangement can be made so that those eligible
for this insurance can be made aware that it is available.
Section 404 allows veterans to increase their Veterans
Group Life Insurance to ensure the welfare of their surviving
families.
Section 501 increases burial and funeral benefits and plot
allowances for veterans. These benefits are greatly needed by
veterans' families, and we are happy to see these increases.
Other provisions of the bill will benefit our
servicemembers and veterans as well as their families, and we
also fully support these provisions.
Kathryn A. Witt,
Co-Chair, Government Relations Committee, Gold Star Wives
of America, Inc.
____

The American Legion,

Office of the National Commander,

Washington, DC, September 28, 2010.
Hon. Bob Filner,
Chairman, House Veterans' Affairs Committee, Washington, DC.
Dear Chairman Filner: On behalf of the 2.5 million members
of The American Legion, I offer our support for H.R. 3219,
the ``Veterans Benefits Act of 2010.'' This wide-ranging
omnibus bill contains a number of laudable provisions that
would bring improvements in employment, compensation and
pension, insurance and burial benefits available to veterans
and their families.
Some of the noteworthy provisions included in this bill
would improve employment opportunities for veterans pursuing
an education; expedite the training of new disabled veterans'
outreach program specialists (DVOPS) and local veterans'
employment representatives (LVERS), thereby improving
employment services offered to veterans seeking work. In
addition, it would clarify and strengthen reemployment rights
of veterans and members of reserve components. This
legislation would increase disability

[[Page H7332]]

compensation provided to severely disabled veterans who have
difficulty using prostheses. Additionally, an increase would
be realized regarding adaptive automobile grants, and
expanding access to adaptive automobile assistance to
disabled veterans who have incurred severe burns. It would
also provide aid and attendance benefits to veterans
suffering from traumatic brain injury.
We are especially pleased to see that this legislation
would provide additional protections to veterans and their
families by increasing the amount of supplemental insurance
for totally disabled veterans and raising the limit of
Veterans' Mortgage Life Insurance for disabled veterans. In
addition, the bill includes language to increase the number
of veterans who would be allowed to participate in VA's
independent living services and assistance program.
The American Legion fully supports H.R. 3219 and we urge
strong bipartisan support and expeditious passage of this
measure. The American Legion thanks you, Mr. Chairman, and
offers our sincere appreciation for your continued leadership
in addressing the issues that are important to veterans,
members of the Armed Forces, and their families.
Sincerely,
Jimmie L. Foster,
National Commander.
____

Military Order

of the Purple Heart,

Springfield, VA, September 29, 2010.
Chairman Bob Filner,
House Veterans Affairs Committee, Washington, DC.
Dear Chairman Filner: On behalf of the Military Order of
the Purple Heart (MOPH), I am writing to inform you that MOPH
is in total support of legislation, H.R. 3219, that you have
introduced. The ``Veterans' Benefits Act of 2010'' has many
far reaching benefits for our membership which is comprised
of combat wounded veterans as well as for all of America's
veterans.
We commend you for your leadership on this worthwhile
legislative effort.
Respectfully,
Clayton Jones,
National Commander.
____

Explanatory Statement for H.R. 3219, as Amended

H.R. 3219, as amended, the Veterans' Benefits Act of 2010,
reflects a Compromise Agreement reached by the House and
Senate Committees on Veterans' Affairs (the Committees) on
the following bills reported during the 111th Congress: H.R.
174; H.R. 466, as amended; H.R. 1037, as amended; H.R. 1088;
H.R. 1089, as amended; H.R. 1168, as amended; H.R. 1170, as
amended; H.R. 1171, as amended; H.R. 1172, as amended; H.R.
2180; H.R. 3219, as amended; H.R. 3949, as amended; H.R.
4592, as amended (House Bills); and S. 728, as amended; S.
1237, as reported; and S. 3609 (Senate Bills).
H.R. 174 passed the House on November 2, 2009; H.R. 466, as
amended, passed the House on June 8, 2009; H.R. 1037, as
amended, passed the House on July 14, 2009; H.R. 1088 passed
the House on May 19, 2009; H.R. 1089, as amended, passed the
House on May 19, 2009; H.R. 1168, as amended, passed the
House on November 2, 2009; H.R. 1170, as amended, passed the
House on May 19, 2009; H.R. 1171, as amended, passed the
House on March 30, 2009; H.R. 1172, as amended, passed the
House on June 23, 2009; H.R. 3219, as amended, passed the
House on July 27, 2009; H.R. 3949, as amended, passed the
House on November 3, 2009. H.R. 4592 passed the House on
March 23, 2010. H.R. 1037, as amended, passed the Senate on
October 7, 2009.
The Committees have prepared the following explanation of
H.R. 3219, as amended, to reflect a Compromise Agreement
between the Committees. Differences between the provisions
contained in the Compromise Agreement and the related
provisions of the House Bills and the Senate Bills are noted
in this document, except for clerical corrections, conforming
changes made necessary by the Compromise Agreement, and minor
drafting, technical, and clarifying changes.

TITLE I--EMPLOYMENT, SMALL BUSINESS, AND EDUCATION MATTERS

Extension and Expansion of Authority for Certain Qualifying Work-Study
Activities for Purposes of the Educational Assistance Programs of the
Department of Veterans Affairs

Current Law
Section 3485 of title 38, United States Code (U.S.C.),
permits certain students enrolled in a program of education
to participate in work-study programs. Approved work-study
activities are generally activities relating to processing
documents or providing services at Department of Veterans
Affairs (VA) facilities. However, until June 30, 2010,
approved activities also included outreach services provided
by State approving agencies, care to veterans in State homes,
and activities related to the administration of national or
State veterans' cemeteries.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
H.R. 1037, as amended, would require VA to conduct a five-
year pilot program to expand work-study opportunities by
adding to the list of approved activities positions in
academic departments (including positions as tutors or
research, teaching, and lab assistants) and in student
services (including positions in career centers and financial
aid, campus orientation, cashiers, admissions, records, and
registration offices).
Compromise Agreement
Section 101 of the Compromise Agreement would extend the
authority from June 30, 2010, to June 30, 2013, during which
qualifying work-study activities may include assisting with
outreach services to servicemembers and veterans furnished by
employees of State approving agencies, provision of care to
veterans in State homes, and activities related to
administration of a national cemetery or State veterans'
cemetery. In addition, effective October 1, 2011, it would
add to the list of qualifying work-study activities the
following:
Activities of State veterans agencies helping veterans
obtain any benefit under laws administered by VA or States;
Positions at Centers of Excellence for Veteran Student
Success;
Positions working in programs run jointly by VA and an
institution of higher learning; and
Any other veterans-related position in an institution of
higher learning.

Reauthorization of Veterans' Advisory Committee on Education

Current Law
Section 3692 of title 38 provides for the formation of a
Veterans' Advisory Committee on Education. The authority for
this Committee expired on December 31, 2009.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 102 of H.R. 3949, as amended, would reauthorize the
Advisory Committee until December 31, 2015.
Compromise Agreement
Section 102 of the Compromise Agreement would extend the
Veterans' Advisory Committee on Education until December 31,
2013.

18-Month Period for Training of New Disabled Veterans' Outreach Program
Specialists and Local Veterans' Employment Representatives by National
Veterans' Employment and Training Services Institute

Current Law
Section 4102A(c)(8) of title 38, U.S.C., requires that, as
a condition of receiving grants under the Disabled Veterans'
Outreach Program (DVOP) and the Local Veterans' Employment
Representatives (LVER) program authorities, States are
generally required to have each DVOP and LVER complete a
program of training through the National Veterans' Employment
and Training Services Institute within three years of
beginning employment.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
H.R. 1088 would require that DVOPs and LVERs assigned to
perform those duties on or after the date of enactment
complete training within one year of being so assigned and
that DVOPs and LVERs hired on or after January 1, 2006, also
complete training within one year of the date of enactment.
Compromise Agreement
Section 103 of the Compromise Agreement would require that
DVOPs and LVERs hired on or after the date of enactment
complete training within 18 months of employment and that any
previously-hired DVOPs and LVERs who were hired on or after
January 1, 2006, also complete training within 18 months of
the date of enactment.

Clarification of Responsibility of Secretary of Veterans Affairs to
Verify Small Business Ownership

Current Law
Public Law 109-461 (120 Stat. 3403), the Veterans Benefits,
Health Care, and Information Technology Act of 2006, requires
VA to maintain the VetBiz Vendor Information Page (VIP)
database containing Veteran Owned Small Businesses (VOSB) and
Service-Disabled Veteran Owned Small Businesses (SDVOSB).
This law also requires VA to verify that registered firms
meet the eligibility requirements to be classified as VOSBs
or SDVOSBs to be included in the database.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 101 of H.R. 3949, as amended, would require VA to
verify small business concerns prior to being listed in the
VIP database.
Compromise Agreement
Section 104 of the Compromise Agreement follows the House
Bill.

Demonstration Project for Referral of USERRA Claims Against Federal
Agencies to the Office of Special Counsel

Current Law
Under chapter 43 of title 38, U.S.C., the Department of
Labor has responsibility for receiving, investigating, and
attempting to resolve all claims filed under the Uniformed
Services Employment and Reemployment Rights Act (USERRA).
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
H.R. 1089, as amended, would provide the U.S. Office of
Special Counsel with initial jurisdiction to investigate and
prosecute all

[[Page H7333]]

USERRA complaints involving Federal executive agencies and
provide authority for individuals to file complaints with the
U.S. Office of Special Counsel. It would clarify that the
U.S. Office of Special Counsel has the same authority as the
U.S. Department of Labor to conduct investigations and issue
subpoenas when investigating USERRA complaints.
Compromise Agreement
Section 105 of the Compromise Agreement would require the
Secretary of Labor and the Office of Special Counsel to carry
out a 36-month demonstration project to start no later than
60 days after the Comptroller General submits a report
assessing the proposed methods and procedures for the
demonstration project; under the demonstration project,
certain USERRA claims against Federal executive agencies
would be received by or referred to the Office of Special
Counsel. It would also allow the Office of Special Counsel to
receive and investigate certain claims under USERRA and
related prohibited personnel practice claims. Finally, the
Compromise Agreement would establish general guidelines for
administration of the demonstration project; would require
the Department of Labor and the Office of Special Counsel to
jointly establish methods and procedures to be used during
the demonstration project and submit to Congress a report
describing those methods and procedures; would require the
Comptroller General to submit to Congress a report
assessing those methods and procedures; and would require
the Comptroller General to submit to Congress reports on
the demonstration project.

Veterans Energy-Related Employment Program

Current Law
Current law contains no relevant provision.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
H.R. 4592, as amended, would create a Veterans Energy-
Related Employment Program pilot program, which would award
competitive grants to three States for the establishment of a
program that would reimburse energy employers for the cost of
providing on-the-job training for veterans in the energy
sector. The reimbursements would go to employers or labor-
management organizations. Each participating State would be
required to provide evidence that it can produce such
training to serve a population of eligible veterans, has a
diverse energy industry, and the ability to carry out such a
program, as well as certify that participating veterans would
be hired at a wage rate consistent with the standard industry
average for jobs that are technically involved and have a
skill-set that is not transferable to other non-energy
industries. It would authorize appropriations of $10 million
a year for five years, beginning in 2011 through 2015.
Compromise Agreement
Section 106 of the Compromise Agreement would establish a
pilot competitive grant program (Veterans Energy-Related
Employment Program) as part of the Veterans Workforce
Investment Program for up to three States to provide grants
to energy employers that train veterans in skills particular
to the energy industry. States would need to repay funds not
used for the purposes outlined for this pilot program and
submit reports on the use of the grant funds to the Secretary
of Labor. This section would outline requirements employers
must meet to receive funds from a State and would prohibit
the use of funds for non-eligible veterans or eligible
veterans whose employment is funded through any other
governmental program. A report to Congress would be required
to be submitted by the Secretary. The administrative costs of
the Secretary would be limited to 2 percent of the
appropriations for this program and the Secretary of Labor
would be permitted to determine the maximum amounts of each
grant that may be used for administration and reporting
costs. Section 106 of the Compromise Agreement would
authorize $1.5 million for the grant program for each of
fiscal years 2012 through 2014.

Pat Tillman Veterans' Scholarship Initiative

Current Law
There is no relevant provision in current law.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
H.R. 1172, as amended, would require VA to provide and
maintain on its website by June 1, 2010, information
regarding scholarships that are available to veterans and
family members of deceased veterans. Information to be
provided on the website would include a list of organizations
offering scholarships and a link to their websites. VA would
also be required to notify schools and other organizations of
the opportunity to be listed on the website.
Compromise Agreement
Section 107 of the Compromise Agreement follows the House
Bill but requires the VA, by June 1, 2011, to make available
on its website a list of organizations that provide
scholarships to veterans and their survivors. VA would be
required to make reasonable efforts to notify schools and
other organizations of the opportunity to be listed on the
website.

TITLE II--HOUSING AND HOMELESSNESS MATTERS

Reauthorization of Appropriations for Homeless Veterans Reintegration
Program

Current Law
The Homeless Veterans Reintegration Program (HVRP) was
initially enacted in 1987 as part of Public Law 100-77, the
Stewart B. McKinney Homeless Assistance Act, to expand
services beyond food and shelter to homeless veterans. Public
Law 107-95, the Homeless Veterans Comprehensive Assistance
Act of 2001, directed the Secretary of Labor to provide
homeless veterans with job training, counseling, and
placement services as part of a holistic approach to
reintegrating homeless veterans back into society. The
authorization of appropriations to carry out this program
expired at the end of fiscal year 2009.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 2 of H.R. 1171, as amended, would reauthorize,
through fiscal year 2014, the Department of Labor's HVRP.
Compromise Agreement
Section 201 of the Compromise Agreement follows the House
Bill, except that it would reauthorize the HVRP through
fiscal year 2011.

Homeless Women Veterans and Homeless Veterans With Children
Reintegration Grant Program

Current Law
Currently, under section 2021 of title 38, U.S.C., the
Secretary of Labor is required to conduct, directly or
through grant or contract, the HVRP. Through HVRP, the
Secretary selects programs that are appropriate to provide
job training, counseling, and placement services (including
job readiness, literacy and skills training) to expedite the
reintegration of homeless veterans into the labor force. HVRP
is administered through the Assistant Secretary of Labor for
Veterans' Employment and Training (VETS).
Senate Bill
Section 102 of S. 1237, as reported, would amend Subchapter
III of chapter 20 of title 38, U.S.C., by adding a new
section 2021A, entitled ``Grant program for reintegration of
homeless women veterans and homeless veterans with
children.'' This grant program would differ from the current
HVRP grants in that it would be strictly a grant program and
would focus specifically on providing services that will
assist in the reintegration into the labor force of homeless
women veterans and homeless veterans with children. Like the
current HVRP grants, services under this new grant program
would include job training, counseling, and job placement
services, including job readiness, literacy, and skills
training. Importantly, it would also include child care
services to serve more effectively the target population.
House Bill
Section 3 of H.R. 1171, as amended, would amend title 38,
U.S.C., adding a new section 2021A, entitled ``Homeless women
veterans and homeless veterans with children reintegration
grant program.'' That bill would direct the Secretary of
Labor to carry out a grant program to provide reintegration
services through programs and facilities that emphasize
services for homeless women veterans and homeless veterans
with children.
Compromise Agreement
Section 202 of the Compromise Agreement generally follows
the House Bill. However, the authorization of appropriations
to carry out this program is $1 million for fiscal years 2011
to 2015.

Specially Adapted Housing Assistive Technology Grant Program

Current Law
There is no current provision in title 38, U.S.C.,
authorizing grants to develop assistive technology for
specially adapted housing. The Specially Adapted Housing
(SAH) program was established in 1948 by Public Law 80-702,
an act to authorize assistance to certain veterans in
acquiring specially adapted housing which they require by
reason of their service-connected disabilities. The SAH
program provides grants to certain qualifying service-
connected disabled veterans to assist them in acquiring
suitable housing.
Senate Bill
The Senate Bills contain no comparable provisions.
House Bill
H.R. 1170, as amended, would authorize a five-year pilot
program to promote research and development of adaptive
technologies that would be applicable to the SAH program. It
would also provide that VA retain a 30 percent interest in
any patent approved as a result of funding through this grant
program. The bill would further require that VA retain any
investment returns from these patents to assist in funding
grants, during the duration of this program. It would
authorize $2 million per year for purposes of this grant
program; those amounts would be derived from amounts
appropriated for VA Medical Services.
Compromise Agreement
Section 203 of the Compromise Agreement generally follows
the House Bill. However,

[[Page H7334]]

under the Compromise Agreement, the Secretary would not
retain any patent rights to the technology developed by any
grant recipient, the funding amount would be reduced from $2
million to $1 million per fiscal year to carry out this
program, and the funding would now come from amounts
appropriated to VA for readjustment benefits, not Medical
Services. The effective date of the five-year pilot program
would be October 1, 2011.

Waiver of Housing Loan Fee for Certain Veterans With Service-Connected
Disabilities Called to Active Service

Current Law
Current law, section 3729(c)(1) of title 38, U.S.C., states
that a loan fee, normally collected from each person
obtaining a housing loan guaranteed, insured or made under
chapter 37, will be waived for a veteran who is receiving
compensation, or who, but for the receipt of retirement pay,
would be entitled to receive compensation.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
H.R. 2180 would waive housing loan fees for certain
veterans with service-connected disabilities called back to
active service.
Compromise Agreement
Section 204 of the Compromise Agreement follows the House
Bill.

TITLE III--SERVICEMEMBERS CIVIL RELIEF ACT MATTERS

Residential and Motor Vehicle Leases

Current Law
Section 305 of the Servicemembers Civil Relief Act (SCRA)
permits the cancellation of motor vehicle leases and
prohibits early termination penalties. It also permits
cancellation of residential leases, but it does not provide
protection from early termination fees.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 202 of H.R. 3949 would amend subsection (e) of
section 305 of SCRA to revise provisions concerning
arrearages and other obligations to prohibit a lessor from
charging an early termination charge with respect to a
residential, professional, business, or agricultural rental
lease entered into by a person who subsequently enters
military service, or for a servicemember who has received
orders for permanent change of station or for deployment in
support of a military operation. It would provide that unpaid
lease charges shall be paid by the lessee.
Compromise Agreement
Section 301 of the Compromise Agreement follows the House
bill.

Termination of Telephone Service Contracts

Current Law
Section 305A of SCRA permits certain servicemembers the
option to request a termination or suspension of their
cellular phone contracts if they are deployed outside of the
continental United States for a period of not less than 90
days or have a permanent change of duty station within the
United States.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 201 of H.R. 3949 would amend section 305A of the
SCRA to allow a servicemember to terminate certain service
contracts if the servicemember has received military orders
to deploy for a period of not less than 90 days or for a
change of duty station to a location that does not support
such service. Furthermore, if the terminated contract was for
cellular or telephone exchange services, it would allow a
servicemember to keep the phone number to the extent
practicable and in accordance with applicable law. Covered
contracts would include cellular telephone service (including
family plans with the servicemember), telephone exchange
service, multi-channel video programming service and internet
service, as well as home water, electricity, home heating oil
and natural gas services. Servicemembers would be required to
deliver a written notice of termination of the service
contract and the military orders to the service provider by
hand delivery, private carrier, fax, or U.S. Postal Service
with return receipt requested and sufficient postage. A
service provider would be prohibited from imposing an early
termination charge, but could collect appropriate tax,
obligation or liability under the contract.
Compromise Agreement
Section 302 of the Compromise Agreement would allow a
servicemember to terminate a contract for cellular telephone
or telephone exchange service at any time after receiving
notice of military orders to relocate for a period of 90 days
or more to a location that does not support the contract. It
would further require the telephone number of an individual
who terminated a contract to be kept available for a period
of not to exceed three years if the servicemember
resubscribes to the service within 90 days of the last day of
relocation. Finally, section 302 of the Compromise Agreement
would permit certain family plan contracts for cellular
telephone service entered into by a family member of a
servicemember to be terminated.

Enforcement by the Attorney General and by Private Right of Action

Current Law
Current law contains no relevant provision.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 203 of H.R. 3949 would amend the SCRA to add a new
title, Title VIII--Civil Liability, which would authorize the
U.S. Attorney General to bring a civil action in U.S.
district court to enforce provisions of the SCRA. It would
also authorize the court to grant appropriate relief to
include monetary damages. The court would be authorized in
certain circumstances to impose a civil penalty that, for the
first violation, will not exceed $55,000 and, for any
subsequent violation, will not exceed $110,000. It would
provide intervenor rights to aggrieved persons for a civil
action that has already been started. In addition, it would
clarify that a person has a private right of action to file a
civil action for violations under the SCRA and that the court
may award costs and attorney fees to a servicemember who
prevails. Finally, it would provide that the rights granted
under sections 801 or 802 will not limit or exclude any other
rights that may also be available under Federal or state law.
Compromise Agreement
Section 303 of the Compromise Agreement generally follows
the House bill with some technical changes.

TITLE IV--INSURANCE MATTERS

Increase in Amount of Supplemental Insurance for Totally Disabled
Veterans

Current Law
Section 1922A of title allows eligible totally disabled
veterans to receive a maximum of $20,000 in Service-Disabled
Veterans' Insurance (S-DVI) supplemental life insurance
coverage.
Senate Bill
Section 101 of H.R. 1037, as amended, would amend section
1922A(a) of title 38, U.S.C., to increase the amount of life
insurance available to totally disabled veterans by allowing
them to purchase an additional $10,000 in supplemental
insurance coverage. This would raise the maximum amount of S-
DVI supplemental coverage to $30,000.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 401 of the Compromise Agreement follows the Senate
Bill, except that the provision would take effect on October
1, 2011.

Permanent Extension of Duration of Servicemembers' Group Life Insurance
Coverage for Totally Disabled Veterans

Current Law
VA offers a variety of life insurance options for
servicemembers, veterans, and their families. Among these is
the Servicemembers' Group Life Insurance (SGLI) program,
which offers low-cost group life insurance for servicemembers
on active duty, Ready Reservists, members of the National
Guard, members of the Commissioned Corps of the National
Oceanic and Atmospheric Administration and the Public Health
Service, cadets and midshipmen of the four service academies,
and members of the Reserve Officer Training Corps. SGLI
coverage is available in $50,000 increments up to the maximum
of $400,000.
Public Law 93-289, the Veterans' Insurance Act of 1974,
established a new program of post-separation insurance known
as Veterans' Group Life Insurance (VGLI). VGLI provides for
the post-service conversion of SGLI to a renewable term
policy of insurance. Persons eligible for full-time coverage
include former servicemembers who were insured full-time
under SGLI and who were released from active duty or the
Reserves, Ready Reservists who have part-time SGLI coverage
and who incur certain disabilities during periods of active
or inactive duty training, and members of the Individual
Ready Reserve and Inactive National Guard. VGLI coverage is
issued in multiples of $10,000 up to a maximum of $400,000.
Under current law, VGLI applications for coverage must
occur within one year and 120 days from discharge. However,
servicemembers who are totally disabled at the time of
discharge may have a longer period within which to convert
their SGLI coverage to VGLI. Public Law 109-233, the
Veterans' Housing Opportunity and. Benefits Improvement Act
of 2006, authorized VA to extend from one to two years, after
separation from active duty service, the period within which
totally disabled members may receive premium free SGLI
coverage and convert their coverage to a policy under the
VGLI program after separation from active duty service.
However, Public Law 109-233 mandated that on or after October
1, 2011, this two-year time period would be shortened to 18
months.
Senate Bill
Section 101 of S. 3765 would amend section 1968(a) of title
38, U.S.C., to eliminate the expiration date for a potential
two-year extension of SGLI coverage available to

[[Page H7335]]

servicemembers who are totally disabled when they separate
from service.
House Bill
Section 101 of H.R. 3219, as amended, would amend section
1968(a) of title 38, U.S.C., to eliminate the expiration date
for a potential two-year extension of SGLI coverage available
to servicemembers who are totally disabled when they separate
from service.
Compromise Agreement
Section 402 of the Compromise Agreement follows the
language in both bills.

Adjustment of Coverage of Dependents Under Servicemembers' Group Life
Insurance

Current Law
Under current law, insurable dependents of servicemembers
on active duty, or Ready Reservists who are totally disabled
on the date of separation or release from service or
assignment, are authorized to continue receiving insurance
coverage long after the servicemembers' separation or release
from service. Servicemembers on active duty are potentially
eligible for continued coverage for up to 2 years after the
date of separation or release from service; Ready Reservists
are potentially eligible for an additional 1 year of coverage
after separation or release from an assignment. Thereafter,
the insurable dependents of covered servicemembers on active
duty are also potentially eligible for continued coverage for
up to 2 years after the date of separation or release from
service or, in the case of an insurable dependent of a Ready
Reservists, up to 1 year after the date of separation or
release from an assignment.
Senate Bill
Section 102 of H.R. 1037, as amended, would amend section
1968(a)(5)(B)(ii) of title 38, U.S.C., so that no insurable
dependent, not even those of servicemembers who remain
covered for up to 1 or 2 years after service or assignment,
could remain coveted under SGLI for more than 120 days after
the servicemembers' separation or release from service or
assignment.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 403 of the Compromise Agreement follows the Senate
Bill.

Opportunity to Increase Amount of Veterans' Group Life Insurance

Current Law
Section 1977(a)(1) of title 38, U.S.C., limits the amount
of VGLI coverage a veteran may carry to the amount of SGLI
coverage that continued in force after that veteran was
separated from service.
Senate Bill
Section 102 of S. 3765 would amend section 1977(a) of
title; 38, U.S.C., to allow VGLI participants who are under
the age of 60 and insured for less than the current maximum
authorized for SGLI the opportunity to obtain, without a
health care examination, an additional $25,000 in coverage
once every 5 years at the time of renewal.
House Bill
Section 102 of H.R. 3219, as amended, would amend section
1977(a) of title 38, U.S.C., to allow VGLI participants who
are under the age of 60 and insured for less than the current
maximum authorized for SGLI the opportunity to obtain,
without a health care examination, an additional $25,000 in
coverage once every 5 years at the time of renewal.
Compromise Agreement
Section 404 of the Compromise Agreement follows the
language in both bills.

Elimination of Reduction in Amount of Accelerated Death Benefit for
Terminally-Ill Persons Insured Under Servicemembers' Group Life
Insurance and Veterans' Group Life Insurance

Current Law
The current SGLI/VGLI Accelerated Benefits Option (ABO)
requires VA to discount or reduce the payout available under
both the SGLI and VGLI programs for terminally-ill
servicemembers and veterans who exercise the option to use up
to half of their policy. Currently, VA discounts this payment
by an amount commensurate to the interest rate earned by the
program on its investment in effect at the time that a
servicemember or veteran applies for the benefits, thereby
often significantly reducing the amount of the ABO payment.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 103 of H.R. 3219, as amended, would amend section
1980(b)(1) of title 38, U.S.C., by eliminating the
requirement that the lump sum accelerated payment be
``reduced by an amount necessary to assure that there is no
increase in the actuarial value of the benefit paid, as
determined by the Secretary.''
Compromise Agreement
Section 405 of the Compromise Agreement follows the House
Bill.

Consideration of Loss of Dominant Hand in Prescription of Schedule of
Severity of Traumatic Injury Under Servicemembers' Group Life Insurance

Current Law
Under current law, traumatic injury protection under
Servicemembers' Group Life Insurance (TSGLI) provides for
payment to servicemembers who suffer a qualifying loss as a
result of a traumatic injury event. In the event of a
qualifying loss, VA will pay between $25,000 and $100,000,
depending on the severity of the qualifying loss. In
prescribing payments, VA does not account for the effect, if
any, that the loss of a dominant hand has on lengthening
hospitalization or rehabilitation periods.
Senate Bill
Section 104 of H.R. 1037, as amended, would amend section
1980A(d) of title 38, U.S.C., to authorize VA to distinguish
in specifying payments for qualifying losses of a dominant
hand and a non-dominant hand.
House Bill
The House Bills contains no comparable provision.
Compromise Agreement
Section 406 of the Compromise Agreement follows the Senate
Bill except that the provision would take effect on October
30, 2011.

Enhancement of Veterans' Mortgage Life Insurance

Current Law
Under current law, service-connected disabled veterans who
have received specially adapted housing grants from VA may
purchase up to $90,000 in Veterans' Mortgage Life Insurance
(VMLI). In the event of the veteran's death, the veteran's
family is protected because VA will pay the balance of the
mortgage owed up to the maximum amount of insurance
purchased.
Senate Bill
Section 105 of H.R. 1037, as amended, would amend section
2106(b) of title 38, U.S.C., to increase the maximum amount
of insurance that may be purchased under the VMLI program
from the current maximum of $90,000 to $150,000 effective on
October 1, 2012. The maximum amount would then increase from
$150,000 to $200,000 on January 1, 2012.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 407 of the Compromise Agreement follows the Senate
Bill, except that the provision would take effect on October
1, 2011.

Expansion of Individuals Qualifying for Retroactive Benefits From
Traumatic Injury Protection Coverage Under Servicemembers' Group Life
Insurance

Current Law
Under current law, TSGLI provides coverage against
qualifying losses incurred as a result of a traumatic injury.
In the event of a loss, VA will pay between $25,000 and
$100,000 depending on the severity of the qualifying loss.
TSGLI went into effect on December 1, 2005. In order to
provide assistance to those servicemembers suffering
traumatic injuries on or before October 7, 2001, and November
30, 2005, retroactive TSGLI payments were authorized under
section 1032(c) of Public Law 109-13, the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Tsunami Relief, 2005, to individuals whose
qualifying losses were sustained as ``a direct result of
injuries incurred in Operation Enduring Freedom or Operation
Iraqi Freedom.'' Under section 501(b) of Public Law 109-233,
the Veterans' Housing Opportunity Benefits Improvement Act of
2006, this definition was amended to allow retroactive
payments to individuals whose qualifying losses were
sustained as a ``direct result of a traumatic injury incurred
in the theater of operations for Operation Enduring Freedom
and Operation Iraqi Freedom.'' Men and women who were
traumatically injured on or between October 7, 2001, and
November 30, 2005, but were not in the Operation Iraqi
Freedom or Operation Enduring Freedom theaters of operation
are not eligible for retroactive payments.
Senate Bill
Section 103 of H.R. 1037, as amended, would amend section
501(b) of Public Law 109-233 so as to remove the requirement
that limits retroactive TSGLI payments to those who served in
the Operation Iraqi Freedom (OIF) or Operation Enduring
Freedom (OEF) theaters of operation. Thus, this section of
the Compromise Agreement would authorize retroactive TSGLI
payments for qualifying traumatic injuries incurred on or
after October 7, 2001, but before December 1, 2005,
irrespective of where the injuries occurred.
House Bill
The House Bills contains no comparable provision.
Compromise Agreement
Section 408 of the Compromise Agreement follows the Senate
Bill, except that the provision would take effect on October
1, 2011.

TITLE V--BURIAL AND CEMETERY MATTERS

Increase in Certain Burial and Funeral Benefits and Plot Allowances for
Veterans

Current Law
Under current law, VA will pay up to $300 toward the
funeral and burial costs of veterans who die while receiving
care at certain VA facilities. In addition, VA will pay a
$300 plot allowance when a veteran is buried in a cemetery
not under U.S. government jurisdiction if: the veteran was
discharged from active duty because of a disability incurred
or aggravated in the line of duty; the veteran was receiving
compensation or pension, or would have been if he/she was not
receiving

[[Page H7336]]

military retired pay; or the veteran died in a VA facility.
The plot allowance may be paid to the State for the cost of a
plot or interment in a State-owned cemetery reserved solely
for veteran burials if the veteran was buried without charge.
Senate Bill
Section 501 of H.R. 1037, as amended, would increase
payments for funeral and burial expenses in the case of
individuals who die in VA facilities and for plot allowances
up to $745 and would increase this amount annually by a cost-
of-living adjustment. These increases would be effective for
deaths occurring on or after October 1, 2010, but no cost-of-
living adjustment would be paid in fiscal year 2011.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 501 of the Compromise Agreement would increase the
amount paid for the burial and funeral of a veteran who dies
in a VA facility or the plot allowance for a deceased veteran
who is eligible for burial at a national cemetery from $300
to $700, effective October 1, 2011. It would further direct
the Secretary of Veterans Affairs to provide an annual
percentage increase in relation to the Consumer Price Index.
Finally, the Compromise Agreement would provide that no cost-
of-living increases are to be made to these benefits in
fiscal year 2012.

Interment in National Cemeteries of Parents of Certain Deceased
Veterans

Current Law
Under section 2402(5) of title 38, U.S.C., certain spouses,
surviving spouses, and minor children of servicemembers and
veterans who are eligible for burial in national cemeteries
are eligible to be interred in national cemeteries.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
Section 303 of H.R. 3949, the Corey Shea Act, would give VA
the discretion to provide space-available burial to
qualifying parents in the gravesite of their deceased son or
daughter who, on or after October 7, 2001, died in combat or
died of a combat-related training injury and who has no other
eligible survivors as identified under section 2402(5) of
title 38, U.S.C. The term parent would mean the biological
mother or father or, in the case of adoption, the adoptive
mother or father.
Compromise Agreement
Section 502 of the Compromise Agreement follows the House
Bill.

Reports on Selection of New National Cemeteries

Current Law
Current law contains no relevant provision.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
H.R. 174 would direct VA to establish a national cemetery
for veterans in the Southern Colorado area.
Compromise Agreement
Section 503 of the Compromise Agreement would require VA,
not later than one year following the date of enactment, to
report to Congress on the selection and construction of five
new national cemeteries in areas in Southern Colorado;
Melbourne and Daytona, Florida; Rochester and Buffalo, New
York; Tallahassee, Florida; and Omaha, Nebraska. The
Secretary would be required to solicit the advice and views
of State and local veterans organizations. The report would
be required to include a schedule for the establishment of
and the funds available for each such cemetery. The
Compromise Agreement would further require annual reports to
be submitted to Congress until the completion of the
cemeteries.

TITLE VI--COMPENSATION AND PENSION

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

Current Law
Currently, under subsections (a) through (j) of section
1114 of title 38, U.S.C., VA pays disability compensation to
a veteran based on the rating assigned to the veteran's
service-connected disabilities. Under subsections (m), (n),
and (o) of section 1114, higher levels of monthly
compensation are paid to veterans with severe disabilities if
certain criteria are satisfied. The criteria for compensation
under section 1114(m) include ``the anatomical loss . . . of
both legs at a level, or with complications, preventing
natural knee action with prostheses in place'' or ``the
anatomical loss . . . of one arm and one leg at levels, or
with complications, preventing natural elbow and knee action
with prostheses in place.'' The criteria for compensation
under section 1114(n) include ``the anatomical loss . . . of
both arms at levels, or with complications, preventing
natural elbow action with prostheses in place''; ``the
anatomical loss of both legs so near the hip as to prevent
the use of prosthetic appliances''; or ``the anatomical loss
of one arm and one leg so near the shoulder and hip as to
prevent the use of prosthetic appliances.'' The criteria for
compensation under section 1114(o) include ``the anatomical
loss of both arms so near the shoulder as to prevent the use
of prosthetic appliances.''
Currently, the monthly compensation under subsections (a)
through (j) of section 1114 ranges from $123 per month for a
single veteran with no dependents rated 10 percent to $2,673
per month for the same single veteran rated 100 percent.
Under section 1114(1) of title 38,U.S.C., VA provides a
higher amount of compensation, currently $3,327 per month for
a single veteran, if the veteran is ``in need of regular aid
and attendance.'' A veteran who requires regular aid and
attendance may be entitled to an additional $2,002 per month,
under section 1114(r)(1) of title 38, U.S.C., if the veteran
suffers from severe service-connected physical
disabilities.Also, under section 1114(r)(2), a higher level
of aid and attendance compensation, currently an additional
$2,983 per month, is provided to certain veterans with severe
service-connected disabilities who need ``a higher level of
care'' in addition to regular aid and attendance. Under
section 1114(r)(2), this higher level of compensation
generally is provided only to a veteran who has suffered a
severe anatomical loss, who needs ``health-care services
provided on a daily basis in the veteran's home,'' and who
would require institutionalization in the absence of that
care.
Senate Bill
Section 205(a) of H.R. 1037, as amended, would amend
subsections (m), (n), and (o) of section 1114 to remove the
provisions conditioning higher monthly compensation on the
site of, or complications from, an anatomical loss. Instead,
if the other requirements are satisfied, it would allow the
higher rates to be paid if any factors prevent natural elbow
or knee action with prostheses in place or prevent the use of
prosthetic appliances.
Section 205(b) of H.R. 1037, as amended, would add a new
subsection (t) to section 1114, which would provide that, if
a veteran is in need of regular aid and attendance due to the
residuals of traumatic brain injury, is not eligible for
compensation under section 1114(r)(2), and, in the absence of
regular aid and attendance, would require institutional care,
the veteran will be entitled to a monthly aid and attendance
allowance equivalent to the allowance provided under section
1114(r)(2).
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 601 of the Compromise Agreement follows the Senate
Bill.

Cost-of-Living Increase for Temporary Dependency and
IndemnityCompensation Payable for Surviving Spouses With Dependent
Children Under the Age of 18

Current Law
Under section 1310 of title 38, U.S.C., VA provides
dependency and indemnity compensation (DIC) to a surviving
spouse if a veteran's death resulted from: (1) a disease or
injury incurred or aggravated in the line of duty while on
active duty or active duty for training;(2) an injury
incurred or aggravated in the line of duty while on inactive
duty for training; or (3) a service-connected disability or a
condition directly related to a service-connected disability.
Section 301 of Public Law 108-454, the Veterans Benefits
Improvement Act of 2004, amended section 1311 of title 38,
U.S.C., to authorize VA to pay a $250 per month temporary
benefit to a surviving spouse with one or more children below
the age of 18, during the 2 years following the date on which
entitlement to DIC began. This provision was enacted in
response to a May 2001 program evaluation report
recommendation on the need for transitional DIC.
Senate Bill
Section 201 of H.R. 1037, as amended, would amend section
1311(f) of title 38, U.S.C., by authorizing a permanent,
automatic, cost-of-living adjustment for this temporary DIC
payment so that the value of the benefit does not erode over
time.
This cost-of-living increase would occur whenever there is
an increase in benefit amounts payable under title II of the
Social Security Act, section 401 et seq., title 42, U.S.C.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 602 of the Compromise Agreement follows the Senate
bill.

Payment of Dependency and Indemnity Compensation to Survivors of Former
Prisoners of War Who Died on or Before September 30, 1999

Current Law
Under chapter 13 of title 38, U.S.C., DIC is paid to the
surviving spouse or children of a veteran when the veteran's
death is a result of a service-connected disability. In
addition, VA provides DIC to the surviving spouses and
children of veterans who have died after service from a non-
service-connected disability if the veteran had been totally
disabled due to a service-connected disability for a
continuous period of 10 or more years immediately preceding
death or for a continuous period of at least 5 years after
the veteran's release from service.
Prior to Public Law 106-117, the Veterans Millennium Health
Care and Benefits Act,

[[Page H7337]]

the survivors of former Prisoners of War (POWs) were eligible
for DIC under the same rules as all other survivors. Section
501 of Public Law 106-117 extended eligibility for DIC to the
survivors of former POWs who died after September 30, 1999,
from non-service-connected causes if the former POWs were
totally disabled due to a service-connected cause for a
period of 1 or more years, rather than 10 or more years,
immediately prior to death.
Senate Bill
Section 208 of H.R. 1037, as amended, would amend section
1318(b)(3) of title 38, U.S.C., to make all survivors of
former POWs eligible for DIC if the veteran died from non-
service-connected causes and was totally disabled due to a
service-connected condition for a period of 1 or more years
immediately prior to death, without regard to date of death.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 603 of the Compromise Agreement follows the Senate
bill.

Exclusion of Certain Amounts From Consideration as Income for Purposes
of Veterans Pension Benefits

Current Law
Under chapter 15 of title 38, U.S.C., VA is authorized to
pay pension benefits to wartime veterans who have limited or
no income, and who are ages 65 or older, or, if under 65, who
are permanently and totally disabled.
When calculating annual income for purposes of these
pension benefits, section 1503 of title 38, U.S.C.,
authorizes VA to include income received by the veteran and
from most sources. However, certain sources of income, such
as donations from public or private relief or welfare
organizations, are not taken into account.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 604 of the Compromise Agreement would exclude, for
purposes of determining income for pension eligibility, up to
$5,000, paid to a veteran from a State or municipality, if
the benefit was paid due to the veteran's injury or disease.

Commencement of Period of Payment of Original Awards of Compensation
for Veterans Retired or Separated From the Uniformed Services for
Catastrophic Disability

Current Law
Under section 5110(b)(1) of title 38, U.S.C., if a veteran
files a claim for VA disability compensation within 1 year
after being discharged from military service, the effective
date of an award of service connection will be the day after
the date of discharge. However, under section 5111(a) of
title 38, U.S.C., the effective date for payment of
compensation based on that award will not be until the first
day of the month following the month in which the service-
connection award is effective.
Senate Bill
Section 206 of H.R. 1037, as amended, would amend section
5111 of title 38, U.S.C., to provide that, if a veteran is
retired from the military for a catastrophic disability or
disabilities, payment of disability compensation based on an
original claim for benefits will be made as of the date on
which the award of compensation becomes effective.
``Catastrophic disability'' would be defined as 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.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 605 of the Compromise Agreement follows the Senate
Bill.

Applicability of Limitation to Pension Payable to Certain Children of
Veterans of a Period of War

Current Law
Under current law, a veteran with no dependents who is
entitled to receive pension under section 1521 of title 38,
U.S.C., cannot be paid more than $90 per month if the veteran
is in a nursing facility where services are covered by a
Medicaid plan. In instances where a veteran's surviving
spouse is entitled to receive pension under section 1541 of
title 38, U.S.C., the surviving spouse also cannot be paid
more than $90 per month if the surviving spouse has no
dependents and is in a nursing facility where services are
covered by a Medicaid plan. The $90 pension benefit may not
be counted in determining eligibility for Medicaid or the
patient's share of cost.
Under section 101(4)(A) of title 38, U.S.C., a child is
defined as a person who is unmarried and under the age of 18
years; before reaching the age of 18 years, became
permanently incapable of self-support; or, after attaining
the age of 18 years and until completion of education or
training, but not after attaining the age of 23 years, is
pursuing a course of instruction at an approved educational
institution. Such a child is entitled to pension under
section 1542 of title 38, U.S.C., if the income of the child
is less than the statutory benefit amount payable to the
child. If such a child is admitted to a nursing facility
where services are covered by a Medicaid plan, the pension
benefits for the child are not currently reduced to $90.
Senate Bill
Section 207 of H.R. 1037, as amended, would amend section
5503 of title 38, U.S.C., so that adult-disabled children of
veterans who receive pension under section 1542 of title 38,
U.S.C., and are covered by a Medicaid plan while residing in
nursing homes, would have their pension benefits reduced in
the same manner as veterans and surviving spouses.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 606 of the Compromise Agreement follows the Senate
bill.

Extension of Reduced Pension for Certain Veterans Covered by Medicaid
Plans for Services Furnished by Nursing Facilities

Current Law
Public Law 101-508, the Omnibus Budget Reconciliation Act
of 1990, reduced VA pension for certain veterans in receipt
of Medicaid-covered nursing home care to no more than $90 per
month, for any period after the month of admission to the
nursing care facility. This authority expired on September
30, 1992, and was extended through 1997 in Public Law 102-
568, the Veterans' Benefits Act of 1992; through 1998 in
Public Law 103-66, the Omnibus Budget Reconciliation Act of
1993; through 2002 in Public Law 105-33, the Balanced Budget
Act of 1997; through 2008 in Public Law 106-419, the
Veterans' Benefits and Health Care Improvement Act of 2000;
and through 2011 in Public Law 107-103, the Veterans'
Education and Benefits Expansion Act of 2001.
Senate Bill
Section 204 of H.R. 1037, as amended, would amend section
5503(d)(7) of title 38, U.S.C., to extend, from September 30,
2011, to September 30, 2014, the authority for limitation of
VA pension to $90 per month for certain beneficiaries
receiving Medicaid-covered nursing home care.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 607 of the Compromise Agreement follows the Senate
bill, except that the limitation would be extended until May
31, 2015.

Codification of 2009 Cost-of-Living Adjustment in Rates of Pension for
Disabled Veterans and Surviving Spouses and Children

Current Law
Under current law, section 5312 of title 38, U.S.C.,
whenever there is an increase in benefits payable under title
II of the Social Security Act, VA automatically increases
pension benefits by the same percentage increase.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 608 of the Compromise Agreement codifies current
pension rates for disabled veterans and surviving spouses and
children.

TITLE VII--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES

Clarification That USERRA Prohibits Wage Discrimination Against Members
of the Armed Forces

Current Law
Under current law, section 4311(a) of title 38, U.S.C.,
employers may not deny any ``benefit of employment'' to
employees or applicants on the basis of membership in the
uniformed services, application for service, performance of
service, or service obligation. However, the U.S. Court of
Appeals for the Eighth Circuit held in 2002 that USERRA does
not prohibit wage discrimination because ``wages or salary
for work performed'' are specifically excluded from the law's
definition of ``benefit of employment.'' Gagnon v. Sprint
Corp., 284 F.3d 839, 853 (8th Cir. 2002).
Senate Bill
Section 403 of H.R. 1037, as amended, would amend section
4303(2) of title 38, U.S.C., to make it clear that wage
discrimination is not permitted under USERRA.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 701 of the Compromise Agreement follows the Senate
Bill.

Clarification of the Definition of ``Successor in Interest''

Current Law
Section 4303 of title 38, U.S.C., uses a broad definition
of the term ``employer'' and includes in subsection
(4)(A)(iv) a definition of a ``successor in interest.'' In
regulations, the

[[Page H7338]]

Department of Labor has provided that an employer is a
``successor in interest'' where there is a substantial
continuity in operations, facilities and workforce from the
former employer. It further stipulates that the determination
of whether an employer is a successor in interest must be
made on a case-by-case basis using a multifactor test (20 CFR
Sec. 1002.35). One Federal court, however, in a decision made
prior to the promulgation of the regulation, held that an
employer could not be a successor in interest unless there
was a merger or transfer of assets from the first employer to
the second. (See Coffman v. Chugach Support Services Inc.,
411 F.3d 1231 (11th Cir. 2005); but see Murphree v.
Communications Technologies, Inc., 460 F. Supp. 2d 702 (E.D.
La 2006) applying 20 CFR Sec. 1002.35 and rejecting the
Coffman merger or transfer of assets requirement.)
Senate Bill
Section 402 of H.R. 1037, as amended, would amend section
4303 of title 38, U.S.C., to clarify the definition of
``successor in interest'' by incorporating language that
mirrors the regulatory definition adopted by the Department
of Labor.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 702 of the Compromise Agreement follows the Senate
bill.

Technical Amendments

Senate Bill
Section 406 of H.R. 1037, as amended, would make three
technical and conforming changes to various provisions of law
in order to correct cross references to various USERRA
provisions contained in chapter 43 of title 38, U.S.C., and
clarify existing language in the USERRA.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 703 of the Compromise Agreement follows the Senate
Bill.

TITLE VIII--BENEFITS MATTERS

Increase in Number of Veterans for Which Programs of Independent Living
Services and Assistance May Be Initiated

Current Law
Section 3120(e) of title 38, U.S.C., authorizes VA to
initiate a program of independent living services for no more
than 2,600 service-connected disabled veterans in each fiscal
year.
Senate Bill
Section 301 of H.R. 1037, as amended, would eliminate the
annual cap on the number of service-connected disabled
veterans who may enroll in a program of independent living.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 801 of the Compromise Agreement would increase to
2,700 the number of veterans who may initiate a program of
independent living services in any fiscal year.

Payment of Unpaid Balances of Department of Veterans Affairs Guaranteed
Loans

Current Law
Under current law, section 3732 of title 38, U.S.C.,
provides default procedures for VA home loans and illustrates
the actions VA may take to preserve the loan before suit or
foreclosure. However, it does not address what would occur in
the event an individual files for bankruptcy and a loan is
modified under the authority provided under section 1322(b)
of title 11.
Senate Bill
Section 304 of H.R. 1037, as amended, would amend section
3732(a)(2) by adding a new subparagraph that would authorize
additional default procedures for VA home loans in the event
that a VA home loan is modified under the authority provided
under section 1322(b) of title 11. This new authority would
allow VA to pay the holder of the obligation the unpaid
balance of the obligation, plus accrued interest, due as of
the date of the filing of the petition under title 11, but
only upon the assignment, transfer, and delivery to VA in a
form and manner satisfactory to VA of all rights, interest,
claims, evidence, and records with respect to the housing
loan.
House Bill
The House bills contain no comparable provision.
Compromise Agreement
Section 802 of the Compromise Agreement follows the Senate
Bill.

Eligibility of Disabled Veterans and Members of the Armed Forces With
Severe Burn Injuries for Automobiles and Adaptive Equipment

Current Law
Under current law, section 3901 of title 38, U.S.C.,
veterans and members of the Armed Forces are eligible for
assistance with automobiles and adaptive equipment if they
suffer from one of three qualifying service-connected
disabilities: loss or permanent loss of use of one or both
feet; loss or permanent loss of use of one or both hands; or
a central visual acuity of 20/200 or less or a peripheral
field of vision of 20 degrees or less.
Senate Bill
Section 302 of H.R. 1037, as amended, would amend section
3901 of title 38, U.S.C., so as to include individuals with a
service-connected disability due to a severe burn injury,
effective October 1, 2010. The scope and definition of what
constitutes a disability due to a severe burn injury would be
determined pursuant to regulations prescribed by VA.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 803 of the Compromise Agreement follows the Senate
Bill, except that provision would take effect on October 1,
2011.

Enhancement of Automobile Assistance Allowance for Veterans

Current Law
Under current law, section 3902 of title 38, U.S.C.,
provides up to $11,000 to eligible veterans and
servicemembers for the purchase of an automobile or other
conveyance and adaptive equipment to safely operate either.
Senate Bill
Section 303 of H.R. 1037, as amended, would amend section
3902 of title 38, U.S.C., to increase the maximum authorized
automobile assistance allowance from $11,000 to $22,500,
effective October 1, 2010. Section 303 would also direct VA
to establish a method of determining the average retail cost
of new automobiles for the preceding calendar year. The
maximum allowance would increase, effective October 1 of each
fiscal year, beginning in 2011, to an amount equal to 80
percent of what VA determined to be the average retail cost
of new automobiles for the preceding calendar year.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 804 of the Compromise Agreement would generally
follow the Senate Bill. However, the amount of the allowance
was increased to $18,900 instead of $22,500. This allowance
would be adjusted October 1 of each year, beginning in 2011,
by a percentage equal to the percentage by which the Consumer
Price Index for all urban consumers (U.S. city average)
increased during the 12-month period ending with the last
month for which Consumer Price Index data is available. If
the Consumer Price Index does not increase, the amount of the
allowance will remain the same as the previous fiscal year.

National Academies Review of Best Treatments for Gulf War Illness

Current Law
Current law contains no relevant provision.
Senate Bill
Section 601 of H.R. 1037, as amended, would require VA to
contract with the Institute of Medicine to gather a group of
medical professionals, who are experienced in treating
individuals diagnosed with Gulf War Illness, in order to
conduct a comprehensive review of the best treatments for
this illness. The individuals these medical professionals
must have experience treating must have served during the
Persian Gulf War in the Southwest Asia theater of operations,
or in Afghanistan, Iraq, or any other theater in which the
Global War on Terrorism Expeditionary Medal is awarded for
service.
The final report on the review required by this section
must be submitted to VA and the House and Senate Committees
on Veterans' Affairs by December 31, 2011, and include
recommendations for legislative or administrative actions as
the Institute of Medicine considers appropriate in light of
the results of that review.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 805 of the Compromise Agreement generally follows
the Senate Bill except that the final report is due to the
Committees by December 31, 2012, and the term ``chronic
multisymptom illness'' replaces the term ``Gulf War
Illness.''

Extension and Modification of National Academy of Sciences Reviews and
Evaluations on Illness and Service in Persian Gulf War and Post 9/11
Global Operations Theaters

Current Law
Public Law 105-277, the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999, required VA to enter
into an agreement with the National Academy of Sciences to
review and evaluate the available scientific evidence
regarding associations between illnesses and exposure to
toxic agents, environmental or wartime hazards, or preventive
medicines or vaccines associated with Persian Gulf War
service. Congress extended these reviews and evaluations in
Public Law 107-103, the Veterans Education and Benefits
Expansion Act of 2001. This requirement will expire on
October 1, 2010.
Public Law 105-368, the Veterans Programs Enhancement Act
of 1998, required the National Academy of Sciences to examine
the scientific and medical literature on the potential health
effects of chemical and biological agents related to the 1991
Gulf War. The requirement for this examination ended in 2009.
Senate Bill
Section 602 of H.R. 1037, as amended, would extend until
October 1, 2015, the mandate for

[[Page H7339]]

the National Academy of Sciences to review and evaluate
scientific evidence regarding associations between illnesses
and exposure. Section 602(b) would extend until October 1,
2018, the requirement for the National Academy of Sciences to
report on the health effects of exposure.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 806 of the Compromise Agreement generally follows
the Senate Bill except that it requires the disaggregation of
results by theaters of operations before and after September
11, 2001.

Extension of Authority for Regional Office in Republic of the
Philippines

Current Law
Current law, section 315(b) of title 38, U.S.C., authorizes
VA to maintain a regional office in the Republic of the
Philippines until December 31, 2010. Congress has
periodically extended this authority, most recently in Public
Law 111-117, the Consolidated Appropriations Act, 2010.
Senate Bill
Section 603 of H.R. 1037, as amended, would authorize VA to
maintain a regional office in the Republic of the Philippines
until December 31, 2011.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 807 of the Compromise Agreement follows the Senate
Bill, and adds that within one year, the Comptroller General
would be required to provide a report to the House and Senate
Committees on Veterans' Affairs and Appropriations on the
activities of the Manila Regional Office. This report would
also include an assessment of the costs and benefits of
maintaining the office in the Philippines in comparison with
moving the activities of the office to the United States.

Extension of an Annual Report on Equitable Relief

Current Law
Under current law, VA is authorized to provide monetary
relief to persons whom the Secretary determines were deprived
of VA benefits by reason of administrative error by a Federal
Government employee. The Secretary may also provide relief
which the Secretary determines is equitable to a VA
beneficiary who has suffered a loss as a consequence of an
erroneous decision made by a Federal Government employee. No
later than April 1 of each year, the Secretary was required
to submit to Congress a report containing a statement as to
the disposition of each case recommended to the Secretary for
equitable relief during the preceding calendar year; the
requirement for this report was extended through December 31,
2009, by Public Law 109-233, the Veterans' Housing
Opportunity and Benefits Improvement Act of 2006.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
The Compromise Agreement extends the requirement for the
report on equitable relief through December 31, 2014.

Authority for the Performance of Medical Disability Examinations by
Contract Physicians

Current Law
In 1996, in Public Law 104-275, the Veterans' Benefits
Improvements Act of 1996, VA was authorized to carry out a
pilot program of contract disability examinations through ten
VA regional offices using amounts available for payment of
compensation and pensions. During the initial pilot program,
one contractor performed all contract examinations at the ten
selected regional offices.
Subsequently, in 2003, in Public Law 108-183, the Veterans
Benefits Act of 2003, VA was given additional, time-limited
authority to contract for disability examinations using other
appropriated funds. That initial authority was extended until
December 31, 2010, by Public Law 110-389, the Veterans'
Benefits Improvement Act of 2008. VA continues to report high
demand for compensation and pension examinations and
satisfaction with the contracted examinations.
Senate Bill
S. 3609 would extend VA's authority, through December 31,
2012, to use appropriated funds for the purpose of
contracting with non-VA providers to conduct disability
examinations. The examinations would be conducted pursuant to
contracts entered into and administered by the Under
Secretary for Benefits.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 809 of the Compromise Agreement follows the Senate
Bill.

TITLE IX--AUTHORIZATION OF MEDICAL FACILITY PROJECTS AND MAJOR MEDICAL
FACILITY LEASES

Authorization of Fiscal Year 2011 Major Medical Facility Leases

Current Law
Current law contains no relevant provision.
Senate Bill
Section 203 of S. 3325, as amended, would authorize fiscal
year 2011 major medical facility leases as follows:
$7,149,000 for a Community Based Outpatient Clinic (CBOC)
in Billings, Montana.
$3,316,000 for an Outpatient Clinic in Boston,
Massachusetts.
$21,495,000 for a CBOC in San Diego, California.
$10,055,000 for a Research Lab in San Francisco,
California.
$5,323,000 for a Mental Health Facility in San Juan, Puerto
Rico.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 901 of the Compromise Agreement follows the Senate
Bill.

Modification of Authorization Amount for Major Medical Facility
Construction Project Previously Authorized for the Department of
Veterans Affairs Medical Center, New Orleans, Louisiana

Current Law
Current law contains no relevant provision.
Senate Bill
Section 201 of S. 3325, as amended, authorizes up to
$995,000,000 for restoration, new construction, or
replacement of the medical care facility for the VA Medical
Center (VAMC) at New Orleans, Louisiana.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 902 of the Compromise Agreement modifies previous
authorizations by providing $995,000,000 for restoration, new
construction, or replacement of the medical care facility for
the VAMC at New Orleans, Louisiana.

Modification of Authorization Amount for Major Medical Facility
Construction Project Previously Authorized for the Department of
Veterans Affairs Medical Center, Long Beach, California

Current Law
Current law contains no relevant provision.
Senate Bill
Section 202 of S. 3325, as amended, authorizes up to
$117,845,000 to conduct seismic corrections on Buildings 7
and 126 at the VAMC in Long Beach, California.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 903 of the Compromise Agreement modifies previous
authorizations by providing $117,845,000 to conduct seismic
corrections on Buildings 7 and 126 at the VAMC in Long Beach,
California.

Authorization of Appropriations

Current Law
Current law contains no relevant provision.
Senate Bill
Section 204 of S. 3325, as amended, authorizes $47,338,000
to be appropriated to the Medical Facilities account for the
leases authorized in section 901 and $1,112,845,000 to be
appropriated to the Construction, Major Projects account for
the projects authorized in sections 902 and 903.
House Bill
The House Bills contain no applicable provision.
Compromise Agreement
Section 904 of the Compromise Agreement generally follows
the Senate Bill.

Requirement That Bid Savings on Major Medical Facility Projects of
Department of Veterans Affairs be Used for Other Major Medical Facility
Construction Projects of the Department

Current Law
Current law contains no relevant provision.
Senate Bill
Section 207 of S. 3325, as amended, contains a provision
that requires that bid savings from major medical facility
projects realized in any fiscal year must be used for major
medical facility projects authorized for that fiscal year or
a prior year. At the time of obligation, VA would be required
to submit to the Committees on Veterans' Affairs and
Appropriations of the Senate and the House of Representatives
notice of the source of the savings, the amount obligated,
and the authorized project the savings are being obligated
to.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 905 of the Compromise Agreement follows the Senate
Bill.

TITLE X--OTHER MATTERS

Technical Corrections

Current Law
Current law contains no relevant provision.

[[Page H7340]]

Senate Bill
The Senate Bills contain no comparable provision.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 1001 of the Compromise Agreement contains technical
corrections to title 38, U.S.C.

Statutory Pay-as-You-Go Act Compliance

Current Law
Public Law 111-139, the Statutory Pay-As-You-Go Act (PAYGO
Act), requires that most new spending is offset by spending
cuts or added revenue elsewhere.
Senate Bill
The Senate Bills contain no comparable provision.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 1002 of the Compromise Agreement contains language
required by the PAYGO Act in order for the estimate of
budgetary effects from the Senate Budget Committee to be used
by the Office of Management and Budget on PAYGO scorecards.

Mr. Speaker, I reserve the balance of my time.
Mr. BUYER. I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 3219, as amended, the
Veterans' Benefits Act of 2010.
This is an omnibus benefit and health bill that contains many
provisions to help veterans and their families. I am glad that we were
finally able to work this out with the Senate and, really, pass many of
the provisions that the House had passed previously in the summer of
2009.
This bill contains many provisions authored also by my Republican
colleagues, including:
The Pat Tillman Scholarship Initiative that would require the VA to
publish a list of college scholarship opportunities for veterans on
their Web site. This initiative grew from a meeting that my staff had
with the family of the U.S. Army Ranger and former NFL star, Pat
Tillman.
After Tillman's death in Afghanistan, his family and friends founded
the Pat Tillman Foundation. Foundation staff informed my staff that
they were having problems educating and reaching potential veterans for
college scholarships they were awarding. This provision will assist
groups like the Pat Tillman Foundation by informing veterans of
scholarship opportunities for veterans by placing them on their Web
site.
We also have the reauthorization of the Homeless Veteran
Reintegration Program. This program is run by the Department of Labor's
Veterans Employment and Training Service and provides grants to local
homeless veteran providers for job-skill training and counseling. This
program has been lauded as one of the most successful programs in the
Federal Government in combating homelessness.
I am also pleased that we were able to include an expansion of this
program to local homeless providers that offer job skill training for
homeless women veterans and homeless veterans with children. This is an
initiative that I have worked on, and I appreciate the cooperation of
the majority to make this, in fact, a reality.
I took up a cause with regard to addressing this in the 1990s, when
the Clinton administration went into a lot of the inner cities and
wanted to help recruit women with children, as we were doing the
welfare reform initiatives, and bring them into the military. So they
joined the military and then they also brought their children. When
they left the military, some actually returned to welfare and some
became homeless. The fact that we have women with children in America
who are homeless, I could not stand that thought.

{time} 2040

So I want to thank the majority for working with us in making these
provisions a reality.
This expansion was originally drafted as H.R. 293 and was part of the
Nobel Warrior Initiatives that I introduced in January of 2009.
Unfortunately, this program is needed, as I said, because recent
reports also by the VA indicate 9 percent of the homeless veteran
population is women, many of whom have children. These individuals
obviously require a safe and supportive environment in a private
setting in which they can regain their footing and acquire skills which
will lead them to meaningful employment. Once that occurs, they become
self-enriched, and they also become better mentors to their children.
I hope that this expansion, more homeless veteran providers, will
expand beyond their normal male-dominated services to assist women as
well as homeless veterans with children.
Another one of my provisions in H.R. 3219, as amended, would allow
veterans to purchase additional amounts of Veterans Group Life
Insurance coverage. Currently the amount of VGLI coverage that a
veteran can have cannot be changed. Because the level of coverage must
be made within the first year of a servicemember's discharge, and
because most of the separating servicemembers are young and single,
many select levels that become insufficient as they age and have
families. The provision would allow veterans to purchase up to $400,000
of VGLI coverage in $25,000 increments every 5 years until age 60. The
cost of such increases would be offset by premiums, so there would be
no direct cost to taxpayers.
This provision would also allow veterans to tailor their life
insurance coverage to fit their current needs and provide greater
security for their families, and I am glad it was included in the bill.
The final provision I would like to highlight was introduced by the
ranking member of the Subcommittee on Economic Opportunity, John
Boozman. This provision would establish a program to make grants of up
to $200,000 to encourage the development of new assistive technologies
for specifically adaptive housing.
The goal of this provision is to encourage the development of
technology to provide the maximum level of independence to severely
disabled veterans in their daily living. This includes emerging
technologies such as voice command operations, integrated computer-
managed functions, and fall prevention devices, and I am pleased this
measure will also authorize much of the needed funding for this goal.
I am also pleased this bill includes many other improvements for
veterans and their families, such as creating a new veterans energy-
related employment program; increasing training for veteran employment
specialists; increasing protections for deployed servicemembers under
the Servicemembers Civil Relief Act in regard to cell phone contracts;
providing numerous VA life insurance program improvements; increasing
the plot and burial allowance for deceased veterans; authorizing aid
and attendance benefits for veterans with traumatic brain injury;
increasing the number of veterans who can begin receiving independent
living services; expanding eligibility for adaptive auto grants to
disabled veterans and servicemembers with severe burn injuries; and
requiring a National Academies study of best treatments for chronic
multisymptom illness in Persian Gulf veterans.
It authorizes the funding for construction of medical facilities and/
or community outpatient clinics in Long Beach, California; Billings,
Montana; Boston, Massachusetts; San Francisco, California; and San
Juan, Puerto Rico. We also have an increase in here with regard to the
hospital in New Orleans.
Under section 902 of title IX under ``construction,'' the
modification of authorization for the amount of medical facility
construction projects previously authorized for the Department of
Veterans Affairs Medical Center in New Orleans, Louisiana, increases
from $625 million to $995 million.
The reason I stopped to highlight that is I am going to exercise some
disappointment, because we were never able to achieve a joint facility
and agreement to actually save money by having some jointness here
between Tulane and LSU and another one of the hospitals. This is a lost
opportunity. It is really unfortunate. So we are going to be building
another one of these big state-of-the-art VA hospitals, and it costs
now about $1 billion.
I reserve the balance of my time.
Mr. FILNER. Mr. Speaker, I yield 5 minutes to the gentlewoman from
Nevada (Ms. Berkley), who is a former member of our committee and whom
we miss very, very, very much.
Ms. BERKLEY. I want to particularly thank Chairman Filner for
shepherding this very important piece of

[[Page H7341]]

legislation through the Congress. I know it wasn't easy, but it was a
very important task, and he did it very well.
I rise today in support of the Senate amendments to H.R. 3219, the
Veterans' Insurance and Health Care Improvements Act. It is this
Nation's responsibility, indeed, it is our honor, to provide care to
the brave men and women who have served this Nation so well and have
sacrificed much on behalf of the rest of us. This legislation goes a
long way to address many of the needs of our veterans.
About 13 years ago when I was first contemplating running for
Congress, I met with a group of veterans, and then I met with another
group, and I met with another group, all in the Las Vegas area. And I
wasn't particularly surprised when they told me they didn't think they
got the quality of care that was due them through the VA, and I wasn't
surprised when they told me we didn't have a VA hospital in the
southern Nevada area, or we had a large number of homeless veterans.
But what surprised me more than anything was family after family
spoke of how difficult it was when the time came to bury their family
member who was a veteran, that they had a difficult time finding the
money so they could make a decent burial for this veteran.
I couldn't understand exactly why that was. I knew that we were
providing veteran benefits in order to bury our veterans and to give
them grave markers. Then I came to Congress and I started serving on
the Veterans Affairs Committee, and I learned that the original bill
that provided this funding was not indexed to inflation, and
consequently the value continued to diminish with every passing year.
We have not changed the amount of money that we provide families for
burying their veteran family members since the early 1970s. This bill
finally, after introducing legislation year after year that I have been
here in Congress, finally this piece of legislation provides the
funding and moves us in the right direction so that families don't have
a tremendous hardship when they bury their family members who were
veterans and have fought for this Nation.
I could not be happier that we are doing this. It is an important
piece of legislation. People don't realize it until you are in that
position yourself. I am glad that the Veterans Committees in the House
and the Senate have all recognized the importance of increasing these
benefits. We have included these provisions today in the bill before
us. Our veterans deserve to be laid to rest with the full recognition
of their military service. This bill is a step in the right direction.
We always talk about supporting our veterans. You hear it here. Each
one of us talks about supporting our veterans. This is a piece of
legislation in which we can actually demonstrate our support of our
veterans.
Mr. BUYER. I reserve my time.
Mr. FILNER. I yield myself such time as I may consume.
I just wanted to thank the gentlelady, frankly, for not only her
persistence in this particular benefit that is so important but, as I
understand it, the Las Vegas veterans hospital is under construction.
You fought for that for more than a decade and it is finally going to
be built. When does it open?
I yield to the gentlewoman.
Ms. BERKLEY. It is going to be completed at the end of 2011 and
opened in 2012.
Mr. FILNER. We applaud again your persistence for that. We know the
veterans in Las Vegas and surroundings are going to be well served.
Ms. BERKLEY. I hope you join us for the grand opening.
Mr. FILNER. I thank the gentlewoman.
I reserve the balance of my time.
Mr. BUYER. Mr. Speaker, I yield myself such time as I may consume.
I would like to take the opportunity to thank the highly capable
staff of the House Veterans Affairs Committee, not only the full
committee, but also the subcommittees. It seems that each session of
Congress both bodies pass so many different individual pieces of
legislation that we have picked up as a now regular course of doing
business creating an omnibus bill.

{time} 2050

So we do a puts and takes, back and forth between the House and the
Senate, and we actually then create a much larger bill that we then
bring to the floor that can best serve the interests of America's
veterans.
And that's in fact what we have here. This is really a very good
bill. I couldn't begin to tell you, Mr. Speaker, how many hours have
gone into the development of this bill. It is a bipartisan bill. I
really appreciate the work of not only my colleagues in the Senate, but
also their staff.
At this time I would specifically like to mention the leadership of
Colonel Malcom Shorter. I would like to thank you for your leadership,
sir, on the committee. I recognize it and it is appreciated. And to
your counterpart, your pilot, an Air Force colonel himself, Kingston
Smith, the Republican House staff director. The two staff directors I
think worked very well together, both having worn the uniform. You
don't get caught down in the fights between political parties. You
think about serving the men and women in uniform. And for that I want
to congratulate both of you for keeping everyone focused.
I also want to thank David Tucker. David is someone that I have known
for a lot of years on the committee. I find him to be a man of distinct
honor and integrity. You have always been a very straight shooter,
David. Also, he is one whereby if in fact you raise an issue of law or
I have raised an issue of law, we diligently dive into it and we get
our interpretations and we also get Kingston Smith for his read. But I
have had a distinct pleasure, David, of working with you over the
years, and I want to recognize your valuable contribution not only in
this bill, but what you have done over the years. I consider your
talent valuable, but I consider your friendship even more.
To Juan Lara, the Subcommittee on Economic Opportunity, the staff
director, thank you very much for your work with Mike Brinck on the
Subcommittee on Economic Opportunity. Not only do you two work
together, but you also take the leads of Stephanie Herseth Sandlin and
Dr. Boozman. And, as I said many times, this subcommittee sets the pace
not only for the House Veterans' Affairs Committee itself, but I think
you set the pace for the entire Congress. This little subcommittee, how
you work together interoperably, you can't even tell who is a
Republican and who is a Democrat. For that, I congratulate you. I think
America would rejoice and may even be surprised that somebody in this
town thinks about being an American first. So I want to thank you for
your leadership and being a pacesetter.
Kimberly Ross, the Subcommittee on Disability Assistance and Memorial
Affairs staff director, along with Brian Lawrence, the Subcommittee on
Disability Assistance Republican Staff Director, both are also
pacesetters and don't always get all the attention that they should.
Brian, along with Mike Brinck, these are two individuals that are also
incredibly talented. Mike, I really appreciate all the years that I
have had the opportunity to work with you. And, Jon, I would say for
you, you're an individual for whom much is expected. I truly believe
that.
I guess I am at that point in my career, Mr. Speaker, that I am being
a little nostalgic because I recognize individuals, that their
diligence, hard work, it's invaluable to the committee; it's invaluable
to Congress. There's a reason that we call them professional staff,
because that's exactly what they are. They are very professional in
their work. Both committees can actually go to a professional staffer
and they're going to tell them exactly the read or give them the
recommendation for the best interest in how to serve the Nation. And so
these individuals whom I have read truly live up to the status of being
a professional staffer here in Congress.
I also recognize that this is probably the last markup I will have
with the House Veterans' Affairs Committee. I want to share this. It
has truly been a distinct honor to serve the Nation's veterans, Mr.
Speaker. I serve the men and women who wear the military uniform. I
help take care of their families, the spouses, the children, the
widows, the orphans, the consequences of war, the consequences of their
service; and it has been a distinct honor to work with a lot of very
talented people to do that.

[[Page H7342]]

I get upset at times in the committee, and I can have disagreements
even with my friends in the veterans service organizations when
individuals play their politics or they don't follow the rules or they
don't follow the process. And we're meant to be a bipartisan committee.
When that doesn't happen, I can get really upset pretty quick.
So I'll end with saying that, Mr. Speaker, it has been a distinct
honor. I have also enjoyed serving with you, Jesse.
With that, I yield back the balance of my time.
Mr. FILNER. I yield myself such time as I may consume.
Mr. Speaker, I don't know that we'll be in session again before
Veterans Day on November 11. This is a bill that will really raise the
level of standards for all of our Nation's veterans; and we can look at
it as, I think, a perfect gift that can be delivered on Veterans Day.
So I ask my colleagues to unanimously support H.R. 3219.
I have no further requests for time, and I yield back the balance of
my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Filner) that the House suspend the rules
and concur in the Senate amendments to the bill, H.R. 3219.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate amendments were concurred in.
A motion to reconsider was laid on the table.

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