[Congressional Record (Bound Edition), Volume 155 (2009), Part 18]
[Senate]
[Pages 23740-23750]
[From the U.S. Government Publishing Office, www.gpo.gov]




        VETERANS' INSURANCE AND BENEFITS ENHANCEMENT ACT OF 2009

  Mr. BENNET. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of Calendar No. 155, S. 728.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 728) to amend title 38, United States Code, to 
     enhance veterans' insurance benefits, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Veterans' Affairs, with 
an amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                       TITLE I--INSURANCE MATTERS

       Sec. 101. Increase in amount of supplemental insurance for 
           totally disabled veterans.
       Sec. 102. Adjustment of coverage of dependents under 
           Servicemembers' Group Life Insurance.
       Sec. 103. Expansion of individuals qualifying for 
           retroactive benefits from traumatic injury protection 
           coverage under Servicemembers' Group Life Insurance.
       Sec. 104. Consideration of loss of dominant hand in 
           prescription of schedule of severity of traumatic 
           injury under Servicemembers' Group Life Insurance.
       Sec. 105. Enhancement of veterans' mortgage life insurance.

               TITLE II--COMPENSATION AND PENSION MATTERS

       Sec. 201. Cost-of-living increase for temporary dependency 
           and indemnity compensation payable for surviving 
           spouses with dependent children under the age of 18.
       Sec. 202. Eligibility of veterans 65 years of age or older 
           for service pension for a period of war.
       Sec. 203. Clarification of additional requirements for 
           consideration to be afforded time, place, and 
           circumstances of service in determinations regarding 
           service-connected disabilities.
       Sec. 204. Extension of reduced pension for certain veterans 
           covered by Medicaid plans for services furnished by 
           nursing facilities.
       Sec. 205. Enhancement of disability compensation for 
           certain disabled veterans with difficulties using 
           prostheses and disabled veterans in need of regular aid 
           and attendance for residuals of traumatic brain injury.
       Sec. 206. Commencement of period of payment of original 
           awards of compensation for veterans retired or 
           separated from the uniformed services for catastrophic 
           disability.
       Sec. 207. Applicability of limitation to pension payable to 
           certain children of veterans of a period of war.
       Sec. 208. Payment of dependency and indemnity compensation 
           to survivors of former prisoners of war who died on or 
           before September 30, 1999.

          TITLE III--READJUSTMENT AND RELATED BENEFIT MATTERS

       Sec. 301. Repeal of limitation on number of veterans 
           enrolled in programs of independent living services and 
           assistance.
       Sec. 302. Eligibility of disabled veterans and members of 
           the Armed Forces with severe burn injuries for 
           automobiles and adaptive equipment.
       Sec. 303. Enhancement of automobile assistance allowance 
           for veterans.
       Sec. 304. Payment of unpaid balances of Department of 
           Veterans Affairs guaranteed loans.

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

[[Page 23741]]

       Sec. 401. Waiver of sovereign immunity under the 11th 
           Amendment with respect to enforcement of USERRA.
       Sec. 402. Clarifying the definition of ``successor in 
           interest''.
       Sec. 403. Clarifying that USERRA prohibits wage 
           discrimination against members of the Armed Forces.
       Sec. 404. Requirement that Federal agencies provide notice 
           to contractors of potential USERRA obligations.
       Sec. 405. Comptroller General of the United States study on 
           effectiveness of Federal programs of education and 
           outreach on employer obligations under USERRA.
       Sec. 406. Technical amendments.

                  TITLE V--BURIAL AND MEMORIAL MATTERS

       Sec. 501. Supplemental benefits for veterans for funeral 
           and burial expenses.
       Sec. 502. Supplemental plot allowances.

                        TITLE VI--OTHER MATTERS

       Sec. 601. National Academies review of best treatments for 
           Gulf War Illness.
       Sec. 602. Extension of National Academy of Sciences reviews 
           and evaluations regarding illness and service in 
           Persian Gulf War.
       Sec. 603. Extension of authority for regional office in 
           Republic of the Philippines.
       Sec. 604. Aggregate amount of educational assistance 
           available to individuals who receive both survivors' 
           and dependents educational assistance and other 
           veterans and related educational assistance.
       Sec. 605. Technical correction.

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

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

                       TITLE I--INSURANCE MATTERS

     SEC. 101. INCREASE IN AMOUNT OF SUPPLEMENTAL INSURANCE FOR 
                   TOTALLY DISABLED VETERANS.

       Section 1922A(a) is amended by striking ``$20,000'' and 
     inserting ``$30,000''.

     SEC. 102. ADJUSTMENT OF COVERAGE OF DEPENDENTS UNDER 
                   SERVICEMEMBERS' GROUP LIFE INSURANCE.

       Clause (ii) of section 1968(a)(5)(B) is amended to read as 
     follows:
       ``(ii)(I) in the case of a member of the Ready Reserve of a 
     uniformed service who meets the qualifications set forth in 
     subparagraph (B) or (C) of section 1965(5) of this title, 120 
     days after separation or release from such assignment; or
       ``(II) in the case of any other member of the uniformed 
     services, 120 days after the date of the member's separation 
     or release from the uniformed services; or''.

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

       (a) In General.--Paragraph (1) of section 501(b) of the 
     Veterans' Housing Opportunity and Benefits Improvement Act of 
     2006 (Public Law 109-233; 120 Stat. 414; 38 U.S.C. 1980A 
     note) is amended by striking ``, if, as determined by the 
     Secretary concerned, that loss was a direct result of a 
     traumatic injury incurred in the theater of operations for 
     Operation Enduring Freedom or Operation Iraqi Freedom''.
       (b) Conforming Amendment.--The heading of such section is 
     amended by striking ``in Operation Enduring Freedom and 
     Operation Iraqi Freedom''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2010.

     SEC. 104. CONSIDERATION OF LOSS OF DOMINANT HAND IN 
                   PRESCRIPTION OF SCHEDULE OF SEVERITY OF 
                   TRAUMATIC INJURY UNDER SERVICEMEMBERS' GROUP 
                   LIFE INSURANCE.

       (a) In General.--Section 1980A(d) is amended--
       (1) by striking ``Payments under'' and inserting ``(1) 
     Payments under''; and
       (2) by adding at the end the following new paragraph:
       ``(2) As the Secretary considers appropriate, the schedule 
     required by paragraph (1) may distinguish in specifying 
     payments for qualifying losses between the severity of a 
     qualifying loss of a dominant hand and a qualifying loss of a 
     nondominant hand.''.
       (b) Payments for Qualifying Losses Incurred Before Date of 
     Enactment.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     prescribe in regulations mechanisms for payments under 
     section 1980A of title 38, United States Code, for qualifying 
     losses incurred before the date of the enactment of this Act 
     by reason of the requirements of paragraph (2) of subsection 
     (d) of such section (as added by subsection (a)(2) of this 
     section).
       (2) Qualifying loss defined.--In this subsection, the term 
     ``qualifying loss'' means--
       (A) a loss specified in the second sentence of subsection 
     (b)(1) of section 1980A of title 38, United States Code; and
       (B) any other loss specified by the Secretary of Veterans 
     Affairs pursuant to the first sentence of that subsection.

     SEC. 105. ENHANCEMENT OF VETERANS' MORTGAGE LIFE INSURANCE.

       (a) In General.--Section 2106(b) is amended by striking 
     ``$90,000'' and inserting ``$150,000, or $200,000 after 
     January 1, 2012,''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2010.

               TITLE II--COMPENSATION AND PENSION MATTERS

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

       Section 1311(f) is amended--
       (1) in paragraph (1), by inserting ``(as increased from 
     time to time under paragraph (4))'' after ``$250'';
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) Whenever there is an increase in benefit amounts 
     payable under title II of the Social Security Act (42 U.S.C. 
     401 et seq.) as a result of a determination made under 
     section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary 
     shall, effective on the date of such increase in benefit 
     amounts, increase the amount payable under paragraph (1), as 
     such amount was in effect immediately prior to the date of 
     such increase in benefit amounts, by the same percentage as 
     the percentage by which such benefit amounts are increased. 
     Any increase in a dollar amount under this paragraph shall be 
     rounded down to the next lower whole dollar amount.''.

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

       (a) In General.--Section 1513 is amended--
       (1) in subsection (a), by striking ``by section 1521'' and 
     all that follows and inserting ``by subsection (b), (c), 
     (f)(1), (f)(5), or (g) of that section, as the case may be 
     and as increased from time to time under section 5312 of this 
     title.'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) The conditions in subsections (h) and (i) of section 
     1521 of this title shall apply to determinations of income 
     and maximum payments of pension for purposes of this 
     section.''.
       (b) Applicability.--The amendments made by this section 
     shall apply with respect to any claim for pension filed on or 
     after the date of the enactment of this Act.

     SEC. 203. CLARIFICATION OF ADDITIONAL REQUIREMENTS FOR 
                   CONSIDERATION TO BE AFFORDED TIME, PLACE, AND 
                   CIRCUMSTANCES OF SERVICE IN DETERMINATIONS 
                   REGARDING SERVICE-CONNECTED DISABILITIES.

       (a) In General.--Subsection (a) of section 1154 is amended 
     to read as follows:
       ``(a) The Secretary shall include in the regulations 
     pertaining to service-connection of disabilities the 
     following:
       ``(1) Provisions requiring that, in each case where a 
     veteran is seeking service-connection for any disability, due 
     consideration shall be given to the places, types, and 
     circumstances of such veteran's service as shown by--
       ``(A) such veteran's service record;
       ``(B) the official history of each organization in which 
     such veteran served;
       ``(C) such veteran's medical records; and
       ``(D) all pertinent medical and lay evidence.
       ``(2) Provisions generally recognizing circumstances in 
     which lay evidence consistent with the place, conditions, 
     dangers, or hardships associated with particular military 
     service does not require confirmatory official documentary 
     evidence in order to establish the occurrence of an event or 
     exposure during active military, naval, or air service.
       ``(3) The provisions required by section 5 of the Veterans' 
     Dioxin and Radiation Exposure Compensation Standards Act 
     (Public Law 98-542; 98 Stat. 2727).''.
       (b) Regulations.--
       (1) In general.--Not later than 210 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall promulgate regulations to implement section 1154(a)(2) 
     of title 38, United States Code, as added by subsection (a).
       (2) Interim regulations.--In the case that the Secretary is 
     unable to promulgate final regulations under paragraph (1) on 
     or before the date that is 210 days after the date of the 
     enactment of this Act, the Secretary shall promulgate interim 
     regulations on or before such date to be in effect until such 
     time as the Secretary promulgates final regulations.

     SEC. 204. EXTENSION OF REDUCED PENSION FOR CERTAIN VETERANS 
                   COVERED BY MEDICAID PLANS FOR SERVICES 
                   FURNISHED BY NURSING FACILITIES.

       Section 5503(d)(7) is amended by striking ``September 30, 
     2011'' and inserting ``September 30, 2014''.

     SEC. 205. ENHANCEMENT OF DISABILITY COMPENSATION FOR CERTAIN 
                   DISABLED VETERANS WITH DIFFICULTIES USING 
                   PROSTHESES AND DISABLED VETERANS IN NEED OF 
                   REGULAR AID AND ATTENDANCE FOR RESIDUALS OF 
                   TRAUMATIC BRAIN INJURY.

       (a) Veterans Suffering Anatomical Loss of Hands, Arms, or 
     Legs.--Section 1114 is amended--
       (1) in subsection (m)--
       (A) by striking ``at a level, or with complications,'' and 
     inserting ``with factors''; and
       (B) by striking ``at levels, or with complications,'' and 
     inserting ``with factors'';
       (2) in subsection (n)--

[[Page 23742]]

       (A) by striking ``at levels, or with complications,'' and 
     inserting ``with factors'';
       (B) by striking ``so near the hip as to'' and inserting 
     ``with factors that''; and
       (C) by striking ``so near the shoulder and hip as to'' and 
     inserting ``with factors that''; and
       (3) in subsection (o), by striking ``so near the shoulder 
     as to'' and inserting ``with factors that''.
       (b) Veterans With Service-Connected Disabilities in Need of 
     Regular Aid and Attendance for Residuals of Traumatic Brain 
     Injury.--
       (1) In general.--Such section is further amended--
       (A) in subsection (p), by striking the semicolon at the end 
     and inserting a period; and
       (B) by adding at the end the following new subsection:
       ``(t) Subject to section 5503(c) of this title, if any 
     veteran, as the result of service-connected disability, is in 
     need of regular aid and attendance for the residuals of 
     traumatic brain injury, is not eligible for compensation 
     under subsection (r)(2), and in the absence of such regular 
     aid and attendance would require hospitalization, nursing 
     home care, or other residential institutional care, the 
     veteran shall be paid, in addition to any other compensation 
     under this section, a monthly aid and attendance allowance 
     equal to the rate described in subsection (r)(2), which for 
     purposes of section 1134 of this title shall be considered as 
     additional compensation payable for disability. An allowance 
     authorized under this subsection shall be paid in lieu of any 
     allowance authorized by subsection (r)(1).''.
       (2) Conforming amendment.--Section 5503(c) is amended by 
     striking ``in section 1114(r)'' and inserting ``in subsection 
     (r) or (t) of section 1114''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on August 31, 2010.

     SEC. 206. COMMENCEMENT OF PERIOD OF PAYMENT OF ORIGINAL 
                   AWARDS OF COMPENSATION FOR VETERANS RETIRED OR 
                   SEPARATED FROM THE UNIFORMED SERVICES FOR 
                   CATASTROPHIC DISABILITY.

       (a) Commencement of Period of Payment.--Subsection (a) of 
     section 5111 is amended--
       (1) by inserting ``(1)'' after ``(a)'';
       (2) in paragraph (1), as designated by paragraph (1) of 
     this subsection, by striking ``in subsection (c) of this 
     section'' and inserting ``in paragraph (2) of this subsection 
     and subsection (c)''; and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) In the case of a veteran who is retired or 
     separated from the active military, naval, or air service for 
     a catastrophic disability or disabilities, payment of 
     monetary benefits based on an award of compensation based on 
     an original claim shall be made as of the date on which such 
     award becomes effective as provided under section 5110 of 
     this title or another applicable provision of law.
       ``(B) In this paragraph, the term `catastrophic 
     disability', with respect to a veteran, means a permanent, 
     severely disabling injury, disorder, or disease that 
     compromises the ability of the veteran to carry out the 
     activities of daily living to such a degree that the veteran 
     requires personal or mechanical assistance to leave home or 
     bed, or requires constant supervision to avoid physical harm 
     to self or others.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply with respect to awards of compensation based 
     on original claims that become effective on or after that 
     date.
       (c) Technical Correction Regarding Waiver of Retired Pay.--
     Section 5305 is amended by striking ``section 1414'' and 
     inserting ``sections 1212(d)(2) and 1414''.

     SEC. 207. APPLICABILITY OF LIMITATION TO PENSION PAYABLE TO 
                   CERTAIN CHILDREN OF VETERANS OF A PERIOD OF 
                   WAR.

       Section 5503(d)(5) is amended--
       (1) by inserting ``(A)'' after ``(5)''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) The provisions of this subsection shall apply with 
     respect to a child entitled to pension under section 1542 of 
     this title in the same manner as they apply to a veteran 
     having neither spouse nor child.''.

     SEC. 208. PAYMENT OF DEPENDENCY AND INDEMNITY COMPENSATION TO 
                   SURVIVORS OF FORMER PRISONERS OF WAR WHO DIED 
                   ON OR BEFORE SEPTEMBER 30, 1999.

       Section 1318(b)(3) is amended by striking ``who died after 
     September 30, 1999,''.

          TITLE III--READJUSTMENT AND RELATED BENEFIT MATTERS

     SEC. 301. REPEAL OF LIMITATION ON NUMBER OF VETERANS ENROLLED 
                   IN PROGRAMS OF INDEPENDENT LIVING SERVICES AND 
                   ASSISTANCE.

       (a) In General.--Section 3120 is amended--
       (1) by striking subsection (e); and
       (2) by redesignating subsection (f) as subsection (e).
       (b) Conforming Amendment.--Subsection (a) of such section 
     is amended by striking ``described in subsection (f)'' and 
     inserting ``described in subsection (e)''.

     SEC. 302. ELIGIBILITY OF DISABLED VETERANS AND MEMBERS OF THE 
                   ARMED FORCES WITH SEVERE BURN INJURIES FOR 
                   AUTOMOBILES AND ADAPTIVE EQUIPMENT.

       (a) Eligibility.--Paragraph (1) of section 3901 is 
     amended--
       (1) in subparagraph (A)--
       (A) in the matter preceding clause (i), by striking ``in 
     subclause (i), (ii), or (iii) below'' and inserting ``in 
     clause (i), (ii), (iii), or (iv) of this subparagraph''; and
       (B) by adding at the end the following new clause:
       ``(iv) A severe burn injury (as determined pursuant to 
     regulations prescribed by the Secretary).''; and
       (2) in subparagraph (B), by striking ``subclause (i), (ii), 
     or (iii) of clause (A) of this paragraph'' and inserting 
     ``clause (i), (ii), (iii), or (iv) of subparagraph (A)''.
       (b) Stylistic Amendments.--Such section is further 
     amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``chapter--'' and inserting ``chapter:'';
       (2) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``means--'' and inserting ``means the following:'';
       (B) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking ``any 
     veteran'' and inserting ``Any veteran'';
       (ii) in clauses (i) and (ii), by striking the semicolon at 
     the end and inserting a period; and
       (iii) in clause (iii), by striking ``; or'' and inserting a 
     period; and
       (C) in subparagraph (B), by striking ``any member'' and 
     inserting ``Any member''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2010.

     SEC. 303. ENHANCEMENT OF AUTOMOBILE ASSISTANCE ALLOWANCE FOR 
                   VETERANS.

       (a) Increase in Amount of Allowance.--Subsection (a) of 
     section 3902 is amended by striking ``$11,000'' and inserting 
     ``$22,500 (as adjusted from time to time under subsection 
     (e))''.
       (b) Annual Adjustment.--Such section is further amended by 
     adding at the end the following new subsection:
       ``(e)(1) Effective on October 1 of each year (beginning in 
     2011), the Secretary shall increase the dollar amount in 
     effect under subsection (a) to an amount equal to 80 percent 
     of the average retail cost of new automobiles for the 
     preceding calendar year.
       ``(2) The Secretary shall establish the method for 
     determining the average retail cost of new automobiles for 
     purposes of this subsection. The Secretary may use data 
     developed in the private sector if the Secretary determines 
     the data is appropriate for purposes of this subsection.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2010.

     SEC. 304. PAYMENT OF UNPAID BALANCES OF DEPARTMENT OF 
                   VETERANS AFFAIRS GUARANTEED LOANS.

       Section 3732(a)(2) is amended--
       (1) by striking ``Before suit'' and inserting ``(A) Before 
     suit''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) In the event that a housing loan guaranteed under 
     this chapter is modified under the authority provided under 
     section 1322(b) of title 11, the Secretary may pay the holder 
     of the obligation the unpaid balance of the obligation due as 
     of the date of the filing of the petition under title 11 plus 
     accrued interest, but only upon the assignment, transfer, and 
     delivery to the Secretary (in a form and manner satisfactory 
     to the Secretary) of all rights, interest, claims, evidence, 
     and records with respect to the housing loan.''.

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

     SEC. 401. WAIVER OF SOVEREIGN IMMUNITY UNDER THE 11TH 
                   AMENDMENT WITH RESPECT TO ENFORCEMENT OF 
                   USERRA.

       (a) In General.--Section 4323 is amended--
       (1) in subsection (b) by striking paragraph (2) and 
     inserting the following new paragraph:
       ``(2) In the case of an action against a State (as an 
     employer) by a person, the action may be brought in the 
     appropriate district court of the United States or State 
     court of competent jurisdiction.'';
       (2) by redesignating subsection (i) as subsection (j); and
       (3) by inserting after subsection (h) the following new 
     subsection (i):
       ``(i) Waiver of State Sovereign Immunity.--(1) A State's 
     receipt or use of Federal financial assistance for any 
     program or activity of a State shall constitute a waiver of 
     sovereign immunity, under the 11th amendment to the 
     Constitution or otherwise, to a suit brought by--
       ``(A) a person who is or was an employee in that program or 
     activity for the rights or benefits authorized the person by 
     this chapter;
       ``(B) a person applying to be such an employee in that 
     program or activity for the rights or benefits authorized the 
     person by this chapter; or
       ``(C) a person seeking reemployment as an employee in that 
     program or activity for the rights or benefits authorized the 
     person by this chapter.
       ``(2) In this subsection, the term `program or activity' 
     has the meaning given that term in section 309 of the Age 
     Discrimination Act of 1975 (42 U.S.C. 6107).''.
       (b) Application.--The amendments made by subsection (a) 
     shall apply to--
       (1) any failure to comply with a provision of or any 
     violation of chapter 43 of title 38, United States Code, that 
     occurs before, on, or after the date of the enactment of this 
     Act; and

[[Page 23743]]

       (2) all actions or complaints filed under such chapter 43 
     that are commenced after the date of the enactment of this 
     Act.

     SEC. 402. CLARIFYING THE DEFINITION OF ``SUCCESSOR IN 
                   INTEREST''.

       (a) In General.--Section 4303(4) is amended by adding at 
     the end the following new subparagraph:
       ``(D)(i) Whether the term `successor in interest' applies 
     with respect to an entity described in subparagraph (A) for 
     purposes of clause (iv) of such subparagraph shall be 
     determined on a case-by-case basis using a multi-factor test 
     that considers the following factors:
       ``(I) Substantial continuity of business operations.
       ``(II) Use of the same or similar facilities.
       ``(III) Continuity of work force.
       ``(IV) Similarity of jobs and working conditions.
       ``(V) Similarity of supervisory personnel.
       ``(VI) Similarity of machinery, equipment, and production 
     methods.
       ``(VII) Similarity of products or services.
       ``(ii) The entity's lack of notice or awareness of a 
     potential or pending claim under this chapter at the time of 
     a merger, acquisition, or other form of succession shall not 
     be considered when applying the multi-factor test under 
     clause (i).''.
       (b) Application.--The amendment made by subsection (a) 
     shall apply to--
       (1) any failure to comply with a provision of or any 
     violation of chapter 43 of title 38, United States Code, that 
     occurs before, on, or after the date of the enactment of this 
     Act; and
       (2) all actions or complaints filed under such chapter 43 
     that are pending on or after the date of the enactment of 
     this Act.

     SEC. 403. CLARIFYING THAT USERRA PROHIBITS WAGE 
                   DISCRIMINATION AGAINST MEMBERS OF THE ARMED 
                   FORCES.

       (a) In General.--Section 4303(2) is amended by striking 
     ``other than'' and inserting ``including''.
       (b) Application.--The amendment made by subsection (a) 
     shall apply to--
       (1) any failure to comply with a provision of or any 
     violation of chapter 43 of title 38, United States Code, that 
     occurs before, on, or after the date of the enactment of this 
     Act; and
       (2) all actions or complaints filed under such chapter 43 
     that are pending on or after the date of the enactment of 
     this Act.

     SEC. 404. REQUIREMENT THAT FEDERAL AGENCIES PROVIDE NOTICE TO 
                   CONTRACTORS OF POTENTIAL USERRA OBLIGATIONS.

       (a) Civilian Agencies.--The Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) 
     is amended by adding at the end the following new section:

     ``SEC. 318. NOTICE TO CONTRACTORS OF POTENTIAL OBLIGATIONS 
                   RELATING TO EMPLOYMENT AND REEMPLOYMENT OF 
                   MEMBERS OF THE ARMED FORCES.

       ``Each contract for the procurement of property or services 
     that is entered into by the head of an executive agency shall 
     include a notice to the contractor that the contractor may 
     have obligations under chapter 43 of title 38, United States 
     Code.''.
       (b) Armed Forces.--
       (1) In general.--Chapter 137 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2334. Notice to contractors of potential obligations 
       relating to employment and reemployment of members of the 
       armed forces

       ``Each contract for the procurement of property or services 
     that is entered into by the head of an executive agency shall 
     include a notice to the contractor that the contractor may 
     have obligations under chapter 43 of title 38.''.
       (2) Clerical amendment.--The table of sections for such 
     chapter is amended by adding at the end the following new 
     item:

``2334. Notice to contractors of potential obligations relating to 
              employment and reemployment of members of the armed 
              forces.''.

     SEC. 405. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON 
                   EFFECTIVENESS OF FEDERAL PROGRAMS OF EDUCATION 
                   AND OUTREACH ON EMPLOYER OBLIGATIONS UNDER 
                   USERRA.

       (a) Study Required.--The Comptroller General of the United 
     States shall conduct a study on the effectiveness of Federal 
     programs of education and outreach on employer obligations 
     under chapter 43 of title 38, United States Code.
       (b) Contents of Study.--In carrying out the study required 
     by subsection (a), the Comptroller General shall--
       (1) assess current practices and procedures of Federal 
     agencies for educating employers about their obligations 
     under chapter 43 of title 38, United States Code;
       (2) identify best practices for bringing the employment 
     practices of small businesses into compliance with such 
     chapter;
       (3) determine whether the Employer Support for the Guard 
     and Reserve, the Small Business Administration, or other 
     agencies could collaborate to develop a program to educate 
     employers regarding their obligations under such chapter; and
       (4) determine the effect on recruitment and retention in 
     the National Guard and Reserves of the failure of employers 
     to meet their reemployment obligations under such chapter.
       (c) Report to Congress.--Not later than June 30, 2010, the 
     Comptroller General shall submit to Congress a report on the 
     study conducted under subsection (a), including the 
     following:
       (1) The findings of the Comptroller General with respect to 
     such study.
       (2) The recommendations of the Comptroller General for the 
     improvement of education and outreach for employers with 
     respect to their obligations under chapter 43 of title 38, 
     United States Code.

     SEC. 406. TECHNICAL AMENDMENTS.

       (a) Amendment to Congressional Accountability Act of 
     1995.--Section 206(b) of the Congressional Accountability Act 
     of 1995 (2 U.S.C. 1316(b)) is amended by striking ``under 
     paragraphs (1), (2)(A), and (3) of section 4323(c) of title 
     38, United States Code'' and inserting ``under section 
     4323(d) of title 38, United States Code''.
       (b) Amendment to Section 416 of Title 3, United States 
     Code.--Section 416(b) of title 3, United States Code, is 
     amended by striking ``under paragraphs (1) and (2)(A) of 
     section 4323(c) of title 38'' and inserting ``under section 
     4323(d) of title 38''.
       (c) Amendment to Section 4324 of Title 38, United States 
     Code.--Section 4324(b)(4) of title 38, United States Code, is 
     amended by inserting before the period the following: 
     ``declining to initiate an action and represent the person 
     before the Merit Systems Protection Board''.

                  TITLE V--BURIAL AND MEMORIAL MATTERS

     SEC. 501. SUPPLEMENTAL BENEFITS FOR VETERANS FOR FUNERAL AND 
                   BURIAL EXPENSES.

       (a) Funeral Expenses.--
       (1) In general.--Chapter 23 is amended by inserting after 
     section 2302 the following new section:

     ``Sec. 2302A. Funeral expenses: supplemental benefits

       ``(a) In General.--(1) Subject to the availability of funds 
     specifically provided for purposes of this subsection in 
     advance in an appropriations Act, whenever the Secretary 
     makes a payment for the burial and funeral of a veteran under 
     section 2302(a) of this title, the Secretary is also 
     authorized and directed to pay the recipient of such payment 
     a supplemental payment under this section for the cost of 
     such burial and funeral.
       ``(2) No supplemental payment shall be made under this 
     subsection if the Secretary has expended all funds that were 
     specifically provided for purposes of this subsection in an 
     appropriations Act.
       ``(b) Amount.--The amount of the supplemental payment 
     required by subsection (a) for any death is $900 (as adjusted 
     from time to time under subsection (c)).
       ``(c) Adjustment.--With respect to deaths that occur in any 
     fiscal year after fiscal year 2010, the supplemental payment 
     described in subsection (b) shall be equal to the sum of--
       ``(1) the supplemental payment in effect under subsection 
     (b) for the preceding fiscal year (determined after 
     application of this subsection), plus
       ``(2) the sum of the amount described in section 2302(a) of 
     this title and the amount under paragraph (1), multiplied by 
     the percentage by which--
       ``(A) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(B) such Consumer Price Index for the 12-month period 
     preceding the 12-month period described in subparagraph (A).
       ``(d) Estimates.--(1) From time to time, the Secretary 
     shall make an estimate of--
       ``(A) the amount of funding that would be necessary to 
     provide supplemental payments under this section to all 
     eligible recipients for the remainder of the fiscal year in 
     which such an estimate is made; and
       ``(B) the amount that Congress would need to appropriate to 
     provide all eligible recipients with supplemental payments 
     under this section in the next fiscal year.
       ``(2) On the dates described in paragraph (3), the 
     Secretary shall submit to the appropriate committees of 
     Congress the estimates described in paragraph (1).
       ``(3) The dates described in this paragraph are the 
     following:
       ``(A) April 1 of each year.
       ``(B) July 1 of each year.
       ``(C) September 1 of each year.
       ``(D) The date that is 60 days before the date estimated by 
     the Secretary on which amounts appropriated for the purposes 
     of this section for a fiscal year will be exhausted.
       ``(e) Appropriate Committees of Congress Defined.--In this 
     section, the term `appropriate committees of Congress' 
     means--
       ``(1) the Committee on Appropriations and the Committee on 
     Veterans' Affairs of the Senate; and
       ``(2) the Committee on Appropriations and the Committee on 
     Veterans' Affairs of the House of Representatives.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item related to section 2302 the following new item:

``2302A. Funeral expenses: supplemental benefits.''.

       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of Veterans Affairs such 
     sums as may be necessary to carry out the provisions of 
     section 2302A of title 38, United States Code (as added by 
     this subsection).
       (b) Death From Service-Connected Disability.--

[[Page 23744]]

       (1) In general.--Chapter 23 is amended by inserting after 
     section 2307 the following new section:

     ``Sec. 2307A. Death from service-connected disability: 
       supplemental benefits for burial and funeral expenses

       ``(a) In General.--(1) Subject to the availability of funds 
     specifically provided for purposes of this subsection in 
     advance in an appropriations Act, whenever the Secretary 
     makes a payment for the burial and funeral of a veteran under 
     section 2307(1) of this title, the Secretary is also 
     authorized and directed to pay the recipient of such payment 
     a supplemental payment under this section for the cost of 
     such burial and funeral.
       ``(2) No supplemental payment shall be made under this 
     subsection if the Secretary has expended all funds that were 
     specifically provided for purposes of this subsection in an 
     appropriations Act.
       ``(b) Amount.--The amount of the supplemental payment 
     required by subsection (a) for any death is $2,100 (as 
     adjusted from time to time under subsection (c)).
       ``(c) Adjustment.--With respect to deaths that occur in any 
     fiscal year after fiscal year 2010, the supplemental payment 
     described in subsection (b) shall be equal to the sum of--
       ``(1) the supplemental payment in effect under subsection 
     (b) for the preceding fiscal year (determined after 
     application of this subsection), plus
       ``(2) the sum of the amount described in section 2307(1) of 
     this title and the amount under paragraph (1), multiplied by 
     the percentage by which--
       ``(A) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(B) such Consumer Price Index for the 12-month period 
     preceding the 12-month period described in subparagraph (A).
       ``(d) Estimates.--(1) From time to time, the Secretary 
     shall make an estimate of--
       ``(A) the amount of funding that would be necessary to 
     provide supplemental payments under this section to all 
     eligible recipients for the remainder of the fiscal year in 
     which such an estimate is made; and
       ``(B) the amount that Congress would need to appropriate to 
     provide all eligible recipients with supplemental payments 
     under this section in the next fiscal year.
       ``(2) On the dates described in paragraph (3), the 
     Secretary shall submit to the appropriate committees of 
     Congress the estimates described in paragraph (1).
       ``(3) The dates described in this paragraph are the 
     following:
       ``(A) April 1 of each year.
       ``(B) July 1 of each year.
       ``(C) September 1 of each year.
       ``(D) The date that is 60 days before the date estimated by 
     the Secretary on which amounts appropriated for the purposes 
     of this section for a fiscal year will be exhausted.
       ``(e) Appropriate Committees of Congress Defined.--In this 
     section, the term `appropriate committees of Congress' 
     means--
       ``(1) the Committee on Appropriations and the Committee on 
     Veterans' Affairs of the Senate; and
       ``(2) the Committee on Appropriations and the Committee on 
     Veterans' Affairs of the House of Representatives.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item related to section 2307 the following new item:

``2307A. Death from service-connected disability: supplemental benefits 
              for burial and funeral expenses.''.

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

     SEC. 502. SUPPLEMENTAL PLOT ALLOWANCES.

       (a) In General.--Chapter 23 is amended by inserting after 
     section 2303 the following new section:

     ``Sec. 2303A. Supplemental plot allowance

       ``(a) In General.--(1) Subject to the availability of funds 
     specifically provided for purposes of this subsection in 
     advance in an appropriations Act, whenever the Secretary 
     makes a payment for the burial and funeral of a veteran under 
     section 2303(a)(1)(A) of this title, or for the burial of a 
     veteran under paragraph (1) or (2) of section 2303(b) of this 
     title, the Secretary is also authorized and directed to pay 
     the recipient of such payment a supplemental payment under 
     this section for the cost of such burial and funeral or 
     burial, as applicable.
       ``(2) No supplemental plot allowance payment shall be made 
     under this subsection if the Secretary has expended all funds 
     that were specifically provided for purposes of this 
     subsection in an appropriations Act.
       ``(b) Amount.--The amount of the supplemental payment 
     required by subsection (a) for any death is $445 (as adjusted 
     from time to time under subsection (c)).
       ``(c) Adjustment.--With respect to deaths that occur in any 
     fiscal year after fiscal year 2010, the supplemental payment 
     described in subsection (b) shall be equal to the sum of--
       ``(1) the supplemental payment in effect under subsection 
     (b) for the preceding fiscal year (determined after 
     application of this subsection), plus
       ``(2) the sum of the amount described in section 
     2303(a)(1)(A) of this title and the amount under paragraph 
     (1), multiplied by the percentage by which--
       ``(A) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(B) such Consumer Price Index for the 12-month period 
     preceding the 12-month period described in subparagraph (A).
       ``(d) Estimates.--(1) From time to time, the Secretary 
     shall make an estimate of--
       ``(A) the amount of funding that would be necessary to 
     provide supplemental plot allowance payments under this 
     section to all eligible recipients for the remainder of the 
     fiscal year in which such an estimate is made; and
       ``(B) the amount that Congress would need to appropriate to 
     provide all eligible recipients with supplemental plot 
     allowance payments under this section in the next fiscal 
     year.
       ``(2) On the dates described in paragraph (3), the 
     Secretary shall submit to the appropriate committees of 
     Congress the estimates described in paragraph (1).
       ``(3) The dates described in this paragraph are the 
     following:
       ``(A) April 1 of each year.
       ``(B) July 1 of each year.
       ``(C) September 1 of each year.
       ``(D) The date that is 60 days before the date estimated by 
     the Secretary on which amounts appropriated for the purposes 
     of this section for a fiscal year will be exhausted.
       ``(e) Appropriate Committees of Congress Defined.--In this 
     section, the term `appropriate committees of Congress' 
     means--
       ``(1) the Committee on Appropriations and the Committee on 
     Veterans' Affairs of the Senate; and
       ``(2) the Committee on Appropriations and the Committee on 
     Veterans' Affairs of the House of Representatives.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item related to section 2303 the following new item:

``2303A. Supplemental plot allowance.''.

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

                        TITLE VI--OTHER MATTERS

     SEC. 601. NATIONAL ACADEMIES REVIEW OF BEST TREATMENTS FOR 
                   GULF WAR ILLNESS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     enter into a contract with the Institute of Medicine of the 
     National Academies to conduct a comprehensive review of the 
     best treatments for Gulf War Illness.
       (b) Group of Medical Professionals.--In conducting the 
     study required under subsection (a), the Institute of 
     Medicine shall convene a group of medical professionals who 
     are experienced in treating individuals diagnosed with Gulf 
     War illness as follows:
       (1) Members of the Armed Forces who served during the 
     Persian Gulf War in the Southwest Asia theater of operations.
       (2) Members of the Armed Forces who served in the Post 9/11 
     Global Operations theaters.
       (c) Reports.--The contract required by subsection (a) shall 
     require the Institute of Medicine to submit to the Secretary 
     and to the appropriate committees of Congress a report on the 
     review required under subsection (a) not later than December 
     31, 2011. The final report shall include such recommendations 
     for legislative or administrative action as the Institute 
     considers appropriate in light of the results of the review.
       (d) Funding.--The Secretary shall provide the Institute of 
     Medicine with such funds as are necessary to ensure the 
     timely completion of the review required under subsection 
     (a).
       (e) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Veterans' Affairs of the Senate; and
       (B) the Committee on Veterans' Affairs of the House of 
     Representatives.
       (2) Gulf war illness.--The term ``Gulf War Illness'' means 
     a medically unexplained chronic multisymptom illness, such as 
     chronic fatigue syndrome, fibromyalgia, and irritable bowel 
     syndrome, that is defined by a cluster of signs or symptoms 
     relating to service in the Persian Gulf War or Post 9/11 
     Global Operations theaters.
       (3) Persian gulf war.--The term ``Persian Gulf War'' has 
     the meaning given that term in section 101(33) of title 38, 
     United States Code.
       (4) Post 9/11 global operations theaters.--The term ``Post 
     9/11 Global Operations theaters'' means Afghanistan, Iraq, or 
     any other theater in which the Global War on Terrorism 
     Expeditionary Medal is awarded for service.

     SEC. 602. EXTENSION OF NATIONAL ACADEMY OF SCIENCES REVIEWS 
                   AND EVALUATIONS REGARDING ILLNESS AND SERVICE 
                   IN PERSIAN GULF WAR.

       (a) Review and Evaluation of Toxic Drugs and Illnesses 
     Associated With Persian Gulf War.--Section 1603(j) of the 
     Persian Gulf War

[[Page 23745]]

     Veterans Act of 1998 (38 U.S.C. 1117 note) is amended by 
     striking ``October 1, 2010'' and inserting ``October 1, 
     2015''.
       (b) Review and Evaluation of Available Evidence Regarding 
     Illness and Service in Persian Gulf War.--
       (1) In general.--Section 101(j) of the Veterans Programs 
     Enhancement Act of 1998 (Public Law 105-368; 112 Stat. 3321) 
     is amended by striking ``11 years after'' and all that 
     follows through ``under subsection (b)'' and inserting ``on 
     October 1, 2018''.
       (2) Conforming amendment.--Section 1604 of the Persian Gulf 
     War Veterans Act of 1998 (Public Law 105-277; 38 U.S.C. 1117 
     note) is repealed.

     SEC. 603. EXTENSION OF AUTHORITY FOR REGIONAL OFFICE IN 
                   REPUBLIC OF THE PHILIPPINES.

       Section 315(b) is amended by striking ``December 31, 2009'' 
     and inserting ``December 31, 2011''.

     SEC. 604. AGGREGATE AMOUNT OF EDUCATIONAL ASSISTANCE 
                   AVAILABLE TO INDIVIDUALS WHO RECEIVE BOTH 
                   SURVIVORS' AND DEPENDENTS EDUCATIONAL 
                   ASSISTANCE AND OTHER VETERANS AND RELATED 
                   EDUCATIONAL ASSISTANCE.

       (a) Aggregate Amount Available.--Section 3695 is amended--
       (1) in subsection (a)(4), by striking ``35,''; and
       (2) by adding at the end the following new subsection:
       ``(c) The aggregate period for which any person may receive 
     assistance under chapter 35 of this title, on the one hand, 
     and any of the provisions of law referred to in subsection 
     (a), on the other hand, may not exceed 81 months (or the 
     part-time equivalent thereof).''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall take effect on October 1, 2010, and shall not operate 
     to revive any entitlement to assistance under chapter 35 of 
     title 38, United States Code, or the provisions of law 
     referred to in section 3695(a) of such title, as in effect on 
     the day before such date, that was terminated by reason of 
     the operation of section 3695(a) of such title, as so in 
     effect, before such date.
       (c) Revival of Entitlement Reduced by Prior Utilization of 
     Chapter 35 Assistance.--
       (1) In general.--Subject to paragraph (2), in the case of 
     an individual whose period of entitlement to assistance under 
     a provision of law referred to in section 3695(a) of title 
     38, United States Code (other than chapter 35 of such title), 
     as in effect on September 30, 2010, was reduced under such 
     section 3695(a), as so in effect, by reason of the 
     utilization of entitlement to assistance under chapter 35 of 
     such title before October 1, 2010, the period of entitlement 
     to assistance of such individual under such provision shall 
     be determined without regard to any entitlement so utilized 
     by the individual under chapter 35 of such title.
       (2) Limitation.--The maximum period of entitlement to 
     assistance of an individual under paragraph (1) may not 
     exceed 81 months.

     SEC. 605. TECHNICAL CORRECTION.

       Section 5503(c) is amended by striking ``veterans''' and 
     inserting ``veteran's''.

  Mr. AKAKA. Mr. President, I am pleased that the Senate is acting on 
S. 728, the proposed ``Veterans' Benefits Enhancement Act of 2009.'' 
This broad benefits package will help veterans young and old, as well 
as their survivors. The amended bill contains 6 titles and 28 
provisions that are designed to enhance compensation, housing, labor 
and education, burial, and insurance benefits for veterans. A full 
explanation of the bill is available in the Committee's report 
accompanying this legislation, Senate Report 111-71.
  I will highlight a few of the provisions that I have sponsored in the 
legislation that is before us today. Before I begin, let me state that 
the version before us today includes a manager's amendment that makes a 
slight modification on the version passed by the Committee. The 
amendment's purpose is to pay for the bill's burial provisions by 
extending a mandatory offset currently in the underlying bill. The 
amendment would also eliminate two contingent entitlement provisions in 
the bill which are not paid for with mandatory funds. With this 
amendment incorporated, this bill would save, rather than cost, the 
American taxpayers.
  Many disabled veterans find it difficult to obtain commercial life 
insurance, often due to their service-connected injuries. This 
legislation would improve the Service-Disabled Veterans' Insurance 
program for totally disabled veterans, by providing the first increase 
in the maximum amount of supplemental insurance they can purchase 
through SDVI since 1992. If enacted, the maximum amount would increase 
from the current level of $20,000 to $30,000 for all eligible totally 
disabled veterans.
  This legislation would also increase the maximum amount of Veterans' 
Mortgage Life Insurance that a disabled veteran may purchase. The VMLI 
program was established in 1971 and is available to those service-
connected disabled veterans who receive specially adapted housing 
grants from VA. In the event of the veteran's death, his or her family 
is protected because the Department of Veterans Affairs will pay the 
balance of the mortgage owed up to the maximum amount of insurance 
purchased.
  In today's housing market where, according to the Federal Housing 
Finance Board, the average mortgage loan in the United States in May 
2009 was $221,200, the current maximum of $90,000 in VMLI insurance 
protection is not adequate. This bill will increase the maximum amount 
of insurance that may be purchased under the VMLI program from the 
current maximum of $90,000 to $150,000 and then, on January 1, 2012, 
from $150,000 to $200,000.
  This benefits package also includes a provision that will expand 
eligibility for retroactive benefits from traumatic injury protection 
coverage under the Servicemembers' Group Life Insurance program, 
commonly referred to as TSGLI. Section 1032 of Public Law 109-13, the 
Emergency Supplemental Appropriations Act for Defense, the Global War 
on Terror, and Tsunami Relief, 2005, established traumatic injury 
protection under the SGLI program. TSGLI went into effect on December 
1, 2005. Therefore, all insured servicemembers under SGLI from that 
point forward are also insured under TSGLI and their injuries are 
covered regardless of where they occur. In order to provide assistance 
to those servicemembers who suffered traumatic injuries on or between 
October 7, 2001, and November 30, 2005, retroactive TSGLI payments were 
authorized under section 1032(c) of the Supplemental Appropriations Act 
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 and 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.''
  However, without corrective action, men and women who were 
traumatically injured on or between October 7, 2001, and November 30, 
2005, but were not in the OIF or OEF theaters of operation, will 
continue to be denied the same retroactive payment given to their 
wounded comrades. This legislation would correct that inequity.
  Importantly, this legislation will also relieve the burden on certain 
combat veterans who seek to prove that their disabilities are service-
connected. The committee bill would direct VA to promulgate regulations 
that direct how VA should generally consider lay evidence that is 
consistent with the place, conditions, dangers, or hardships associated 
with a particular veteran's military service. For example, in assessing 
lay testimony concerning a claimant's exposure to sub-freezing 
conditions, the regulation may acknowledge that lay evidence, such as 
weather reports or contemporaneous newspaper accounts of sub-freezing 
conditions, may provide corroboration of exposure to the cold when a 
servicemember was assigned to an area when sub-freezing conditions were 
present. Another example would be in a claim alleging hearing loss or 
tinnitus. Although an individual's service record might not include 
details of exposure to improvised explosive devices the individual may 
have been assigned to a particular unit at a particular location where 
lay evidence shows that the unit was repeatedly exposed to IEDs.
  Currently, VA provides a special dependency and indemnity 
compensation payment to a surviving spouse with one or more children 
under the age of 18. However, these payments are not adjusted. This 
legislation would provide automatic cost-of-living adjustments for 
these payments.
  For veterans whose injuries are so significant that employment is not 
an option, VA operates an independent living rehabilitation program to 
help

[[Page 23746]]

them achieve a maximum level of independence in daily life. 
Unfortunately, under current law, the number of veterans who in any one 
year can enroll in these programs is capped at 2,600. While I have 
heard from VA that this enrollment cap does not present any problem for 
the effective conduct of the program, I remain concerned that the 
effect of the cap is to put downward pressure on VA's enrollment of 
eligible veterans in this very important program. This is of particular 
concern today, as veterans are returning from the current conflicts 
with disabilities that may require extensive periods of rehabilitation 
and assistance in order to achieve independence in their daily lives. 
This legislation would remove the 2,600 cap and allow all qualified 
veterans to enroll in VA's independent living program.
  This legislation would provide many other benefits that I have not 
mentioned, such as improving the lives of veterans and troops with 
severe burn injuries and clarifying veteran and reservists' employment 
rights. I thank the members of the Veterans' Affairs Committee and 
others in this Chamber who have worked hard to craft the many 
provisions in this bill.
  I urge our colleagues to support this important legislation that 
would benefit many of this Nation's nearly 24 million veterans and 
their families.
  Mr. BENNET. I ask unanimous consent the committee-reported substitute 
amendment be considered, that an Akaka amendment which is at the desk 
be agreed to, the committee-reported substitute, as amended, be agreed 
to, and the bill, as amended, be read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2654) was agreed to, as follows:

       On page 39, line 10, strike ``September 30, 2014'' and 
     insert ``April 30, 2016''.
       On page 54, strike line 18 and all that follows through 
     page 61, line 6.
       On page 61, strike line 7 and all that follows through page 
     64, line 16, and insert the following:

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

       (a) Increase in Burial and Funeral Expenses for Deaths in 
     Department Facilities.--Section 2303(a)(1)(A) is amended by 
     striking ``$300'' and inserting ``$745 (as increased from 
     time to time under subsection (c))''.
       (b) Increase in Amount of Plot Allowances.--Section 2303(b) 
     is amended by striking ``$300'' each place it appears and 
     inserting ``$745 (as increased from time to time under 
     subsection (c))''.
       (c) Annual Adjustment.--Section 2303 is amended by adding 
     at the end the following new subsection:
       ``(c) With respect to any fiscal year, the Secretary shall 
     provide a percentage increase (rounded to the nearest dollar) 
     in the burial and funeral expenses under subsection (a) and 
     in the plot allowance under subsection (b), equal to the 
     percentage by which--
       ``(1) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(2) the Consumer Price Index for the 12-month period 
     preceding the 12-month period described in paragraph (1).''.
       (d) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply with respect to 
     deaths occurring on or after October 1, 2010.
       (2) Prohibition on cost-of-living adjustment for fiscal 
     year 2011.--No adjustments shall be made under section 
     2303(c) of title 38, United States Code, as added by 
     subsection (c), for fiscal year 2011.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 728), as amended, was ordered to be engrossed for a 
third reading and was read the third time.
  Mr. BENNET. I now ask unanimous consent that the Committee on 
Veterans' Affairs be discharged from further consideration of H.R. 1037 
and the Senate proceed to its consideration; that all after the 
enacting clause be stricken and the text of S. 728, as amended, be 
inserted in lieu thereof; the bill, as amended, be read a third time 
and passed; the motions to reconsider be laid upon the table; that upon 
passage of H.R. 1037, S. 728 be returned to the calendar, all with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 1037), as amended, was read the third time and passed, 
as follows:

                               H.R. 1037

       Resolved, That the bill from the House of Representatives 
     (H.R. 1037) entitled ``An Act to direct the Secretary of 
     Veterans Affairs to conduct a five-year pilot project to test 
     the feasibility and advisability of expanding the scope of 
     certain qualifying work-study activities under title 38, 
     United States Code.'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                       TITLE I--INSURANCE MATTERS

Sec. 101. Increase in amount of supplemental insurance for totally 
              disabled veterans.
Sec. 102. Adjustment of coverage of dependents under Servicemembers' 
              Group Life Insurance.
Sec. 103. Expansion of individuals qualifying for retroactive benefits 
              from traumatic injury protection coverage under 
              Servicemembers' Group Life Insurance.
Sec. 104. Consideration of loss of dominant hand in prescription of 
              schedule of severity of traumatic injury under 
              Servicemembers' Group Life Insurance.
Sec. 105. Enhancement of veterans' mortgage life insurance.

               TITLE II--COMPENSATION AND PENSION MATTERS

Sec. 201. Cost-of-living increase for temporary dependency and 
              indemnity compensation payable for surviving spouses with 
              dependent children under the age of 18.
Sec. 202. Eligibility of veterans 65 years of age or older for service 
              pension for a period of war.
Sec. 203. Clarification of additional requirements for consideration to 
              be afforded time, place, and circumstances of service in 
              determinations regarding service-connected disabilities.
Sec. 204. Extension of reduced pension for certain veterans covered by 
              Medicaid plans for services furnished by nursing 
              facilities.
Sec. 205. Enhancement of disability compensation for certain disabled 
              veterans with difficulties using prostheses and disabled 
              veterans in need of regular aid and attendance for 
              residuals of traumatic brain injury.
Sec. 206. Commencement of period of payment of original awards of 
              compensation for veterans retired or separated from the 
              uniformed services for catastrophic disability.
Sec. 207. Applicability of limitation to pension payable to certain 
              children of veterans of a period of war.
Sec. 208. Payment of dependency and indemnity compensation to survivors 
              of former prisoners of war who died on or before 
              September 30, 1999.

          TITLE III--READJUSTMENT AND RELATED BENEFIT MATTERS

Sec. 301. Repeal of limitation on number of veterans enrolled in 
              programs of independent living services and assistance.
Sec. 302. Eligibility of disabled veterans and members of the Armed 
              Forces with severe burn injuries for automobiles and 
              adaptive equipment.
Sec. 303. Enhancement of automobile assistance allowance for veterans.
Sec. 304. Payment of unpaid balances of Department of Veterans Affairs 
              guaranteed loans.

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

Sec. 401. Waiver of sovereign immunity under the 11th Amendment with 
              respect to enforcement of USERRA.
Sec. 402. Clarifying the definition of ``successor in interest''.
Sec. 403. Clarifying that USERRA prohibits wage discrimination against 
              members of the Armed Forces.
Sec. 404. Requirement that Federal agencies provide notice to 
              contractors of potential USERRA obligations.
Sec. 405. Comptroller General of the United States study on 
              effectiveness of Federal programs of education and 
              outreach on employer obligations under USERRA.
Sec. 406. Technical amendments.

[[Page 23747]]

                  TITLE V--BURIAL AND MEMORIAL MATTERS

Sec. 501. Increase in certain burial and funeral benefits and plot 
              allowances for veterans.

                        TITLE VI--OTHER MATTERS

Sec. 601. National Academies review of best treatments for Gulf War 
              Illness.
Sec. 602. Extension of National Academy of Sciences reviews and 
              evaluations regarding illness and service in Persian Gulf 
              War.
Sec. 603. Extension of authority for regional office in Republic of the 
              Philippines.
Sec. 604. Aggregate amount of educational assistance available to 
              individuals who receive both survivors' and dependents 
              educational assistance and other veterans and related 
              educational assistance.
Sec. 605. Technical correction.

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

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

                       TITLE I--INSURANCE MATTERS

     SEC. 101. INCREASE IN AMOUNT OF SUPPLEMENTAL INSURANCE FOR 
                   TOTALLY DISABLED VETERANS.

       Section 1922A(a) is amended by striking ``$20,000'' and 
     inserting ``$30,000''.

     SEC. 102. ADJUSTMENT OF COVERAGE OF DEPENDENTS UNDER 
                   SERVICEMEMBERS' GROUP LIFE INSURANCE.

       Clause (ii) of section 1968(a)(5)(B) is amended to read as 
     follows:
       ``(ii)(I) in the case of a member of the Ready Reserve of a 
     uniformed service who meets the qualifications set forth in 
     subparagraph (B) or (C) of section 1965(5) of this title, 120 
     days after separation or release from such assignment; or
       ``(II) in the case of any other member of the uniformed 
     services, 120 days after the date of the member's separation 
     or release from the uniformed services; or''.

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

       (a) In General.--Paragraph (1) of section 501(b) of the 
     Veterans' Housing Opportunity and Benefits Improvement Act of 
     2006 (Public Law 109-233; 120 Stat. 414; 38 U.S.C. 1980A 
     note) is amended by striking ``, if, as determined by the 
     Secretary concerned, that loss was a direct result of a 
     traumatic injury incurred in the theater of operations for 
     Operation Enduring Freedom or Operation Iraqi Freedom''.
       (b) Conforming Amendment.--The heading of such section is 
     amended by striking ``in Operation Enduring Freedom and 
     Operation Iraqi Freedom''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2010.

     SEC. 104. CONSIDERATION OF LOSS OF DOMINANT HAND IN 
                   PRESCRIPTION OF SCHEDULE OF SEVERITY OF 
                   TRAUMATIC INJURY UNDER SERVICEMEMBERS' GROUP 
                   LIFE INSURANCE.

       (a) In General.--Section 1980A(d) is amended--
       (1) by striking ``Payments under'' and inserting ``(1) 
     Payments under''; and
       (2) by adding at the end the following new paragraph:
       ``(2) As the Secretary considers appropriate, the schedule 
     required by paragraph (1) may distinguish in specifying 
     payments for qualifying losses between the severity of a 
     qualifying loss of a dominant hand and a qualifying loss of a 
     nondominant hand.''.
       (b) Payments for Qualifying Losses Incurred Before Date of 
     Enactment.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     prescribe in regulations mechanisms for payments under 
     section 1980A of title 38, United States Code, for qualifying 
     losses incurred before the date of the enactment of this Act 
     by reason of the requirements of paragraph (2) of subsection 
     (d) of such section (as added by subsection (a)(2) of this 
     section).
       (2) Qualifying loss defined.--In this subsection, the term 
     ``qualifying loss'' means--
       (A) a loss specified in the second sentence of subsection 
     (b)(1) of section 1980A of title 38, United States Code; and
       (B) any other loss specified by the Secretary of Veterans 
     Affairs pursuant to the first sentence of that subsection.

     SEC. 105. ENHANCEMENT OF VETERANS' MORTGAGE LIFE INSURANCE.

       (a) In General.--Section 2106(b) is amended by striking 
     ``$90,000'' and inserting ``$150,000, or $200,000 after 
     January 1, 2012,''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2010.

               TITLE II--COMPENSATION AND PENSION MATTERS

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

       Section 1311(f) is amended--
       (1) in paragraph (1), by inserting ``(as increased from 
     time to time under paragraph (4))'' after ``$250'';
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) Whenever there is an increase in benefit amounts 
     payable under title II of the Social Security Act (42 U.S.C. 
     401 et seq.) as a result of a determination made under 
     section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary 
     shall, effective on the date of such increase in benefit 
     amounts, increase the amount payable under paragraph (1), as 
     such amount was in effect immediately prior to the date of 
     such increase in benefit amounts, by the same percentage as 
     the percentage by which such benefit amounts are increased. 
     Any increase in a dollar amount under this paragraph shall be 
     rounded down to the next lower whole dollar amount.''.

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

       (a) In General.--Section 1513 is amended--
       (1) in subsection (a), by striking ``by section 1521'' and 
     all that follows and inserting ``by subsection (b), (c), 
     (f)(1), (f)(5), or (g) of that section, as the case may be 
     and as increased from time to time under section 5312 of this 
     title.'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) The conditions in subsections (h) and (i) of section 
     1521 of this title shall apply to determinations of income 
     and maximum payments of pension for purposes of this 
     section.''.
       (b) Applicability.--The amendments made by this section 
     shall apply with respect to any claim for pension filed on or 
     after the date of the enactment of this Act.

     SEC. 203. CLARIFICATION OF ADDITIONAL REQUIREMENTS FOR 
                   CONSIDERATION TO BE AFFORDED TIME, PLACE, AND 
                   CIRCUMSTANCES OF SERVICE IN DETERMINATIONS 
                   REGARDING SERVICE-CONNECTED DISABILITIES.

       (a) In General.--Subsection (a) of section 1154 is amended 
     to read as follows:
       ``(a) The Secretary shall include in the regulations 
     pertaining to service-connection of disabilities the 
     following:
       ``(1) Provisions requiring that, in each case where a 
     veteran is seeking service-connection for any disability, due 
     consideration shall be given to the places, types, and 
     circumstances of such veteran's service as shown by--
       ``(A) such veteran's service record;
       ``(B) the official history of each organization in which 
     such veteran served;
       ``(C) such veteran's medical records; and
       ``(D) all pertinent medical and lay evidence.
       ``(2) Provisions generally recognizing circumstances in 
     which lay evidence consistent with the place, conditions, 
     dangers, or hardships associated with particular military 
     service does not require confirmatory official documentary 
     evidence in order to establish the occurrence of an event or 
     exposure during active military, naval, or air service.
       ``(3) The provisions required by section 5 of the Veterans' 
     Dioxin and Radiation Exposure Compensation Standards Act 
     (Public Law 98-542; 98 Stat. 2727).''.
       (b) Regulations.--
       (1) In general.--Not later than 210 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall promulgate regulations to implement section 1154(a)(2) 
     of title 38, United States Code, as added by subsection (a).
       (2) Interim regulations.--In the case that the Secretary is 
     unable to promulgate final regulations under paragraph (1) on 
     or before the date that is 210 days after the date of the 
     enactment of this Act, the Secretary shall promulgate interim 
     regulations on or before such date to be in effect until such 
     time as the Secretary promulgates final regulations.

     SEC. 204. EXTENSION OF REDUCED PENSION FOR CERTAIN VETERANS 
                   COVERED BY MEDICAID PLANS FOR SERVICES 
                   FURNISHED BY NURSING FACILITIES.

       Section 5503(d)(7) is amended by striking ``September 30, 
     2011'' and inserting ``April 30, 2016''.

     SEC. 205. ENHANCEMENT OF DISABILITY COMPENSATION FOR CERTAIN 
                   DISABLED VETERANS WITH DIFFICULTIES USING 
                   PROSTHESES AND DISABLED VETERANS IN NEED OF 
                   REGULAR AID AND ATTENDANCE FOR RESIDUALS OF 
                   TRAUMATIC BRAIN INJURY.

       (a) Veterans Suffering Anatomical Loss of Hands, Arms, or 
     Legs.--Section 1114 is amended--
       (1) in subsection (m)--
       (A) by striking ``at a level, or with complications,'' and 
     inserting ``with factors''; and
       (B) by striking ``at levels, or with complications,'' and 
     inserting ``with factors'';
       (2) in subsection (n)--
       (A) by striking ``at levels, or with complications,'' and 
     inserting ``with factors'';
       (B) by striking ``so near the hip as to'' and inserting 
     ``with factors that''; and
       (C) by striking ``so near the shoulder and hip as to'' and 
     inserting ``with factors that''; and
       (3) in subsection (o), by striking ``so near the shoulder 
     as to'' and inserting ``with factors that''.
       (b) Veterans With Service-Connected Disabilities in Need of 
     Regular Aid and Attendance for Residuals of Traumatic Brain 
     Injury.--
       (1) In general.--Such section is further amended--

[[Page 23748]]

       (A) in subsection (p), by striking the semicolon at the end 
     and inserting a period; and
       (B) by adding at the end the following new subsection:
       ``(t) Subject to section 5503(c) of this title, if any 
     veteran, as the result of service-connected disability, is in 
     need of regular aid and attendance for the residuals of 
     traumatic brain injury, is not eligible for compensation 
     under subsection (r)(2), and in the absence of such regular 
     aid and attendance would require hospitalization, nursing 
     home care, or other residential institutional care, the 
     veteran shall be paid, in addition to any other compensation 
     under this section, a monthly aid and attendance allowance 
     equal to the rate described in subsection (r)(2), which for 
     purposes of section 1134 of this title shall be considered as 
     additional compensation payable for disability. An allowance 
     authorized under this subsection shall be paid in lieu of any 
     allowance authorized by subsection (r)(1).''.
       (2) Conforming amendment.--Section 5503(c) is amended by 
     striking ``in section 1114(r)'' and inserting ``in subsection 
     (r) or (t) of section 1114''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on August 31, 2010.

     SEC. 206. COMMENCEMENT OF PERIOD OF PAYMENT OF ORIGINAL 
                   AWARDS OF COMPENSATION FOR VETERANS RETIRED OR 
                   SEPARATED FROM THE UNIFORMED SERVICES FOR 
                   CATASTROPHIC DISABILITY.

       (a) Commencement of Period of Payment.--Subsection (a) of 
     section 5111 is amended--
       (1) by inserting ``(1)'' after ``(a)'';
       (2) in paragraph (1), as designated by paragraph (1) of 
     this subsection, by striking ``in subsection (c) of this 
     section'' and inserting ``in paragraph (2) of this subsection 
     and subsection (c)''; and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) In the case of a veteran who is retired or 
     separated from the active military, naval, or air service for 
     a catastrophic disability or disabilities, payment of 
     monetary benefits based on an award of compensation based on 
     an original claim shall be made as of the date on which such 
     award becomes effective as provided under section 5110 of 
     this title or another applicable provision of law.
       ``(B) In this paragraph, the term `catastrophic 
     disability', with respect to a veteran, means a permanent, 
     severely disabling injury, disorder, or disease that 
     compromises the ability of the veteran to carry out the 
     activities of daily living to such a degree that the veteran 
     requires personal or mechanical assistance to leave home or 
     bed, or requires constant supervision to avoid physical harm 
     to self or others.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply with respect to awards of compensation based 
     on original claims that become effective on or after that 
     date.
       (c) Technical Correction Regarding Waiver of Retired Pay.--
     Section 5305 is amended by striking ``section 1414'' and 
     inserting ``sections 1212(d)(2) and 1414''.

     SEC. 207. APPLICABILITY OF LIMITATION TO PENSION PAYABLE TO 
                   CERTAIN CHILDREN OF VETERANS OF A PERIOD OF 
                   WAR.

       Section 5503(d)(5) is amended--
       (1) by inserting ``(A)'' after ``(5)''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) The provisions of this subsection shall apply with 
     respect to a child entitled to pension under section 1542 of 
     this title in the same manner as they apply to a veteran 
     having neither spouse nor child.''.

     SEC. 208. PAYMENT OF DEPENDENCY AND INDEMNITY COMPENSATION TO 
                   SURVIVORS OF FORMER PRISONERS OF WAR WHO DIED 
                   ON OR BEFORE SEPTEMBER 30, 1999.

       Section 1318(b)(3) is amended by striking ``who died after 
     September 30, 1999,''.

          TITLE III--READJUSTMENT AND RELATED BENEFIT MATTERS

     SEC. 301. REPEAL OF LIMITATION ON NUMBER OF VETERANS ENROLLED 
                   IN PROGRAMS OF INDEPENDENT LIVING SERVICES AND 
                   ASSISTANCE.

       (a) In General.--Section 3120 is amended--
       (1) by striking subsection (e); and
       (2) by redesignating subsection (f) as subsection (e).
       (b) Conforming Amendment.--Subsection (a) of such section 
     is amended by striking ``described in subsection (f)'' and 
     inserting ``described in subsection (e)''.

     SEC. 302. ELIGIBILITY OF DISABLED VETERANS AND MEMBERS OF THE 
                   ARMED FORCES WITH SEVERE BURN INJURIES FOR 
                   AUTOMOBILES AND ADAPTIVE EQUIPMENT.

       (a) Eligibility.--Paragraph (1) of section 3901 is 
     amended--
       (1) in subparagraph (A)--
       (A) in the matter preceding clause (i), by striking ``in 
     subclause (i), (ii), or (iii) below'' and inserting ``in 
     clause (i), (ii), (iii), or (iv) of this subparagraph''; and
       (B) by adding at the end the following new clause:
       ``(iv) A severe burn injury (as determined pursuant to 
     regulations prescribed by the Secretary).''; and
       (2) in subparagraph (B), by striking ``subclause (i), (ii), 
     or (iii) of clause (A) of this paragraph'' and inserting 
     ``clause (i), (ii), (iii), or (iv) of subparagraph (A)''.
       (b) Stylistic Amendments.--Such section is further 
     amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``chapter--'' and inserting ``chapter:'';
       (2) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``means--'' and inserting ``means the following:'';
       (B) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking ``any 
     veteran'' and inserting ``Any veteran'';
       (ii) in clauses (i) and (ii), by striking the semicolon at 
     the end and inserting a period; and
       (iii) in clause (iii), by striking ``; or'' and inserting a 
     period; and
       (C) in subparagraph (B), by striking ``any member'' and 
     inserting ``Any member''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2010.

     SEC. 303. ENHANCEMENT OF AUTOMOBILE ASSISTANCE ALLOWANCE FOR 
                   VETERANS.

       (a) Increase in Amount of Allowance.--Subsection (a) of 
     section 3902 is amended by striking ``$11,000'' and inserting 
     ``$22,500 (as adjusted from time to time under subsection 
     (e))''.
       (b) Annual Adjustment.--Such section is further amended by 
     adding at the end the following new subsection:
       ``(e)(1) Effective on October 1 of each year (beginning in 
     2011), the Secretary shall increase the dollar amount in 
     effect under subsection (a) to an amount equal to 80 percent 
     of the average retail cost of new automobiles for the 
     preceding calendar year.
       ``(2) The Secretary shall establish the method for 
     determining the average retail cost of new automobiles for 
     purposes of this subsection. The Secretary may use data 
     developed in the private sector if the Secretary determines 
     the data is appropriate for purposes of this subsection.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2010.

     SEC. 304. PAYMENT OF UNPAID BALANCES OF DEPARTMENT OF 
                   VETERANS AFFAIRS GUARANTEED LOANS.

       Section 3732(a)(2) is amended--
       (1) by striking ``Before suit'' and inserting ``(A) Before 
     suit''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) In the event that a housing loan guaranteed under 
     this chapter is modified under the authority provided under 
     section 1322(b) of title 11, the Secretary may pay the holder 
     of the obligation the unpaid balance of the obligation due as 
     of the date of the filing of the petition under title 11 plus 
     accrued interest, but only upon the assignment, transfer, and 
     delivery to the Secretary (in a form and manner satisfactory 
     to the Secretary) of all rights, interest, claims, evidence, 
     and records with respect to the housing loan.''.

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

     SEC. 401. WAIVER OF SOVEREIGN IMMUNITY UNDER THE 11TH 
                   AMENDMENT WITH RESPECT TO ENFORCEMENT OF 
                   USERRA.

       (a) In General.--Section 4323 is amended--
       (1) in subsection (b) by striking paragraph (2) and 
     inserting the following new paragraph:
       ``(2) In the case of an action against a State (as an 
     employer) by a person, the action may be brought in the 
     appropriate district court of the United States or State 
     court of competent jurisdiction.'';
       (2) by redesignating subsection (i) as subsection (j); and
       (3) by inserting after subsection (h) the following new 
     subsection (i):
       ``(i) Waiver of State Sovereign Immunity.--(1) A State's 
     receipt or use of Federal financial assistance for any 
     program or activity of a State shall constitute a waiver of 
     sovereign immunity, under the 11th amendment to the 
     Constitution or otherwise, to a suit brought by--
       ``(A) a person who is or was an employee in that program or 
     activity for the rights or benefits authorized the person by 
     this chapter;
       ``(B) a person applying to be such an employee in that 
     program or activity for the rights or benefits authorized the 
     person by this chapter; or
       ``(C) a person seeking reemployment as an employee in that 
     program or activity for the rights or benefits authorized the 
     person by this chapter.
       ``(2) In this subsection, the term `program or activity' 
     has the meaning given that term in section 309 of the Age 
     Discrimination Act of 1975 (42 U.S.C. 6107).''.
       (b) Application.--The amendments made by subsection (a) 
     shall apply to--
       (1) any failure to comply with a provision of or any 
     violation of chapter 43 of title 38, United States Code, that 
     occurs before, on, or after the date of the enactment of this 
     Act; and
       (2) all actions or complaints filed under such chapter 43 
     that are commenced after the date of the enactment of this 
     Act.

     SEC. 402. CLARIFYING THE DEFINITION OF ``SUCCESSOR IN 
                   INTEREST''.

       (a) In General.--Section 4303(4) is amended by adding at 
     the end the following new subparagraph:
       ``(D)(i) Whether the term `successor in interest' applies 
     with respect to an entity described in subparagraph (A) for 
     purposes of clause (iv) of such subparagraph shall be 
     determined on a case-by-case basis using a multi-factor test 
     that considers the following factors:
       ``(I) Substantial continuity of business operations.

[[Page 23749]]

       ``(II) Use of the same or similar facilities.
       ``(III) Continuity of work force.
       ``(IV) Similarity of jobs and working conditions.
       ``(V) Similarity of supervisory personnel.
       ``(VI) Similarity of machinery, equipment, and production 
     methods.
       ``(VII) Similarity of products or services.
       ``(ii) The entity's lack of notice or awareness of a 
     potential or pending claim under this chapter at the time of 
     a merger, acquisition, or other form of succession shall not 
     be considered when applying the multi-factor test under 
     clause (i).''.
       (b) Application.--The amendment made by subsection (a) 
     shall apply to--
       (1) any failure to comply with a provision of or any 
     violation of chapter 43 of title 38, United States Code, that 
     occurs before, on, or after the date of the enactment of this 
     Act; and
       (2) all actions or complaints filed under such chapter 43 
     that are pending on or after the date of the enactment of 
     this Act.

     SEC. 403. CLARIFYING THAT USERRA PROHIBITS WAGE 
                   DISCRIMINATION AGAINST MEMBERS OF THE ARMED 
                   FORCES.

       (a) In General.--Section 4303(2) is amended by striking 
     ``other than'' and inserting ``including''.
       (b) Application.--The amendment made by subsection (a) 
     shall apply to--
       (1) any failure to comply with a provision of or any 
     violation of chapter 43 of title 38, United States Code, that 
     occurs before, on, or after the date of the enactment of this 
     Act; and
       (2) all actions or complaints filed under such chapter 43 
     that are pending on or after the date of the enactment of 
     this Act.

     SEC. 404. REQUIREMENT THAT FEDERAL AGENCIES PROVIDE NOTICE TO 
                   CONTRACTORS OF POTENTIAL USERRA OBLIGATIONS.

       (a) Civilian Agencies.--The Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) 
     is amended by adding at the end the following new section:

     ``SEC. 318. NOTICE TO CONTRACTORS OF POTENTIAL OBLIGATIONS 
                   RELATING TO EMPLOYMENT AND REEMPLOYMENT OF 
                   MEMBERS OF THE ARMED FORCES.

       ``Each contract for the procurement of property or services 
     that is entered into by the head of an executive agency shall 
     include a notice to the contractor that the contractor may 
     have obligations under chapter 43 of title 38, United States 
     Code.''.
       (b) Armed Forces.--
       (1) In general.--Chapter 137 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2334. Notice to contractors of potential obligations 
       relating to employment and reemployment of members of the 
       armed forces

       ``Each contract for the procurement of property or services 
     that is entered into by the head of an executive agency shall 
     include a notice to the contractor that the contractor may 
     have obligations under chapter 43 of title 38.''.
       (2) Clerical amendment.--The table of sections for such 
     chapter is amended by adding at the end the following new 
     item:

``2334. Notice to contractors of potential obligations relating to 
              employment and reemployment of members of the armed 
              forces.''.

     SEC. 405. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON 
                   EFFECTIVENESS OF FEDERAL PROGRAMS OF EDUCATION 
                   AND OUTREACH ON EMPLOYER OBLIGATIONS UNDER 
                   USERRA.

       (a) Study Required.--The Comptroller General of the United 
     States shall conduct a study on the effectiveness of Federal 
     programs of education and outreach on employer obligations 
     under chapter 43 of title 38, United States Code.
       (b) Contents of Study.--In carrying out the study required 
     by subsection (a), the Comptroller General shall--
       (1) assess current practices and procedures of Federal 
     agencies for educating employers about their obligations 
     under chapter 43 of title 38, United States Code;
       (2) identify best practices for bringing the employment 
     practices of small businesses into compliance with such 
     chapter;
       (3) determine whether the Employer Support for the Guard 
     and Reserve, the Small Business Administration, or other 
     agencies could collaborate to develop a program to educate 
     employers regarding their obligations under such chapter; and
       (4) determine the effect on recruitment and retention in 
     the National Guard and Reserves of the failure of employers 
     to meet their reemployment obligations under such chapter.
       (c) Report to Congress.--Not later than June 30, 2010, the 
     Comptroller General shall submit to Congress a report on the 
     study conducted under subsection (a), including the 
     following:
       (1) The findings of the Comptroller General with respect to 
     such study.
       (2) The recommendations of the Comptroller General for the 
     improvement of education and outreach for employers with 
     respect to their obligations under chapter 43 of title 38, 
     United States Code.

     SEC. 406. TECHNICAL AMENDMENTS.

       (a) Amendment to Congressional Accountability Act of 
     1995.--Section 206(b) of the Congressional Accountability Act 
     of 1995 (2 U.S.C. 1316(b)) is amended by striking ``under 
     paragraphs (1), (2)(A), and (3) of section 4323(c) of title 
     38, United States Code'' and inserting ``under section 
     4323(d) of title 38, United States Code''.
       (b) Amendment to Section 416 of Title 3, United States 
     Code.--Section 416(b) of title 3, United States Code, is 
     amended by striking ``under paragraphs (1) and (2)(A) of 
     section 4323(c) of title 38'' and inserting ``under section 
     4323(d) of title 38''.
       (c) Amendment to Section 4324 of Title 38, United States 
     Code.--Section 4324(b)(4) of title 38, United States Code, is 
     amended by inserting before the period the following: 
     ``declining to initiate an action and represent the person 
     before the Merit Systems Protection Board''.

                  TITLE V--BURIAL AND MEMORIAL MATTERS

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

       (a) Increase in Burial and Funeral Expenses for Deaths in 
     Department Facilities.--Section 2303(a)(1)(A) is amended by 
     striking ``$300'' and inserting ``$745 (as increased from 
     time to time under subsection (c))''.
       (b) Increase in Amount of Plot Allowances.--Section 2303(b) 
     is amended by striking ``$300'' each place it appears and 
     inserting ``$745 (as increased from time to time under 
     subsection (c))''.
       (c) Annual Adjustment.--Section 2303 is amended by adding 
     at the end the following new subsection:
       ``(c) With respect to any fiscal year, the Secretary shall 
     provide a percentage increase (rounded to the nearest dollar) 
     in the burial and funeral expenses under subsection (a) and 
     in the plot allowance under subsection (b), equal to the 
     percentage by which--
       ``(1) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(2) the Consumer Price Index for the 12-month period 
     preceding the 12-month period described in paragraph (1).''.
       (d) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply with respect to 
     deaths occurring on or after October 1, 2010.
       (2) Prohibition on cost-of-living adjustment for fiscal 
     year 2011.--No adjustments shall be made under section 
     2303(c) of title 38, United States Code, as added by 
     subsection (c), for fiscal year 2011.

                        TITLE VI--OTHER MATTERS

     SEC. 601. NATIONAL ACADEMIES REVIEW OF BEST TREATMENTS FOR 
                   GULF WAR ILLNESS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     enter into a contract with the Institute of Medicine of the 
     National Academies to conduct a comprehensive review of the 
     best treatments for Gulf War Illness.
       (b) Group of Medical Professionals.--In conducting the 
     study required under subsection (a), the Institute of 
     Medicine shall convene a group of medical professionals who 
     are experienced in treating individuals diagnosed with Gulf 
     War illness as follows:
       (1) Members of the Armed Forces who served during the 
     Persian Gulf War in the Southwest Asia theater of operations.
       (2) Members of the Armed Forces who served in the Post 9/11 
     Global Operations theaters.
       (c) Reports.--The contract required by subsection (a) shall 
     require the Institute of Medicine to submit to the Secretary 
     and to the appropriate committees of Congress a report on the 
     review required under subsection (a) not later than December 
     31, 2011. The final report shall include such recommendations 
     for legislative or administrative action as the Institute 
     considers appropriate in light of the results of the review.
       (d) Funding.--The Secretary shall provide the Institute of 
     Medicine with such funds as are necessary to ensure the 
     timely completion of the review required under subsection 
     (a).
       (e) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Veterans' Affairs of the Senate; and
       (B) the Committee on Veterans' Affairs of the House of 
     Representatives.
       (2) Gulf war illness.--The term ``Gulf War Illness'' means 
     a medically unexplained chronic multisymptom illness, such as 
     chronic fatigue syndrome, fibromyalgia, and irritable bowel 
     syndrome, that is defined by a cluster of signs or symptoms 
     relating to service in the Persian Gulf War or Post 9/11 
     Global Operations theaters.
       (3) Persian gulf war.--The term ``Persian Gulf War'' has 
     the meaning given that term in section 101(33) of title 38, 
     United States Code.
       (4) Post 9/11 global operations theaters.--The term ``Post 
     9/11 Global Operations theaters'' means Afghanistan, Iraq, or 
     any other theater in which the Global War on Terrorism 
     Expeditionary Medal is awarded for service.

     SEC. 602. EXTENSION OF NATIONAL ACADEMY OF SCIENCES REVIEWS 
                   AND EVALUATIONS REGARDING ILLNESS AND SERVICE 
                   IN PERSIAN GULF WAR.

       (a) Review and Evaluation of Toxic Drugs and Illnesses 
     Associated With Persian Gulf War.--Section 1603(j) of the 
     Persian Gulf War Veterans Act of 1998 (38 U.S.C. 1117 note) 
     is amended by striking ``October 1, 2010'' and inserting 
     ``October 1, 2015''.
       (b) Review and Evaluation of Available Evidence Regarding 
     Illness and Service in Persian Gulf War.--
       (1) In general.--Section 101(j) of the Veterans Programs 
     Enhancement Act of 1998 (Public Law 105-368; 112 Stat. 3321) 
     is amended by striking ``11 years after'' and all that 
     follows through ``under subsection (b)'' and inserting ``on 
     October 1, 2018''.

[[Page 23750]]

       (2) Conforming amendment.--Section 1604 of the Persian Gulf 
     War Veterans Act of 1998 (Public Law 105-277; 38 U.S.C. 1117 
     note) is repealed.

     SEC. 603. EXTENSION OF AUTHORITY FOR REGIONAL OFFICE IN 
                   REPUBLIC OF THE PHILIPPINES.

       Section 315(b) is amended by striking ``December 31, 2009'' 
     and inserting ``December 31, 2011''.

     SEC. 604. AGGREGATE AMOUNT OF EDUCATIONAL ASSISTANCE 
                   AVAILABLE TO INDIVIDUALS WHO RECEIVE BOTH 
                   SURVIVORS' AND DEPENDENTS EDUCATIONAL 
                   ASSISTANCE AND OTHER VETERANS AND RELATED 
                   EDUCATIONAL ASSISTANCE.

       (a) Aggregate Amount Available.--Section 3695 is amended--
       (1) in subsection (a)(4), by striking ``35,''; and
       (2) by adding at the end the following new subsection:
       ``(c) The aggregate period for which any person may receive 
     assistance under chapter 35 of this title, on the one hand, 
     and any of the provisions of law referred to in subsection 
     (a), on the other hand, may not exceed 81 months (or the 
     part-time equivalent thereof).''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall take effect on October 1, 2010, and shall not operate 
     to revive any entitlement to assistance under chapter 35 of 
     title 38, United States Code, or the provisions of law 
     referred to in section 3695(a) of such title, as in effect on 
     the day before such date, that was terminated by reason of 
     the operation of section 3695(a) of such title, as so in 
     effect, before such date.
       (c) Revival of Entitlement Reduced by Prior Utilization of 
     Chapter 35 Assistance.--
       (1) In general.--Subject to paragraph (2), in the case of 
     an individual whose period of entitlement to assistance under 
     a provision of law referred to in section 3695(a) of title 
     38, United States Code (other than chapter 35 of such title), 
     as in effect on September 30, 2010, was reduced under such 
     section 3695(a), as so in effect, by reason of the 
     utilization of entitlement to assistance under chapter 35 of 
     such title before October 1, 2010, the period of entitlement 
     to assistance of such individual under such provision shall 
     be determined without regard to any entitlement so utilized 
     by the individual under chapter 35 of such title.
       (2) Limitation.--The maximum period of entitlement to 
     assistance of an individual under paragraph (1) may not 
     exceed 81 months.

     SEC. 605. TECHNICAL CORRECTION.

       Section 5503(c) is amended by striking ``veterans''' and 
     inserting ``veteran's''.

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