S.Amdt. 2654Senate111th Congress (2009-2011)
To improve the bill.
Sponsored by 
Sen. Daniel K. Akaka (D-HI)
Sen. Daniel K. Akaka (D-HI)Submitted October 7, 2009
Text
Proposed
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
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.
[[Page S10246]]
TITLE IV--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
Sec. 401. Waiver of sovereign immunity under the 11th Amendment with
respect to enforcement of USERRA.
Sec. 402. Clarifying the definition of ``successor in interest''.
Sec. 403. Clarifying that USERRA prohibits wage discrimination against
members of the Armed Forces.
Sec. 404. Requirement that Federal agencies provide notice to
contractors of potential USERRA obligations.
Sec. 405. Comptroller General of the United States study on
effectiveness of Federal programs of education and
outreach on employer obligations under USERRA.
Sec. 406. Technical amendments.
TITLE V--BURIAL AND MEMORIAL MATTERS
Sec. 501. Supplemental benefits for veterans for funeral and burial
expenses.
Sec. 502. Supplemental plot allowances.
TITLE VI--OTHER MATTERS
Sec. 601. National Academies review of best treatments for Gulf War
Illness.
Sec. 602. Extension of National Academy of Sciences reviews and
evaluations regarding illness and service in Persian Gulf
War.
Sec. 603. Extension of authority for regional office in Republic of the
Philippines.
Sec. 604. Aggregate amount of educational assistance available to
individuals who receive both survivors' and dependents
educational assistance and other veterans and related
educational assistance.
Sec. 605. Technical correction.
SEC. 2. REFERENCE TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 38, United States Code.
TITLE I--INSURANCE MATTERS
SEC. 101. INCREASE IN AMOUNT OF SUPPLEMENTAL INSURANCE FOR
TOTALLY DISABLED VETERANS.
Section 1922A(a) is amended by striking ``$20,000'' and
inserting ``$30,000''.
SEC. 102. ADJUSTMENT OF COVERAGE OF DEPENDENTS UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE.
Clause (ii) of section 1968(a)(5)(B) is amended to read as
follows:
``(ii)(I) in the case of a member of the Ready Reserve of a
uniformed service who meets the qualifications set forth in
subparagraph (B) or (C) of section 1965(5) of this title, 120
days after separation or release from such assignment; or
``(II) in the case of any other member of the uniformed
services, 120 days after the date of the member's separation
or release from the uniformed services; or''.
SEC. 103. EXPANSION OF INDIVIDUALS QUALIFYING FOR RETROACTIVE
BENEFITS FROM TRAUMATIC INJURY PROTECTION
COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE
INSURANCE.
(a) In General.--Paragraph (1) of section 501(b) of the
Veterans' Housing Opportunity and Benefits Improvement Act of
2006 (Public Law 109-233; 120 Stat. 414; 38 U.S.C. 1980A
note) is amended by striking ``, if, as determined by the
Secretary concerned, that loss was a direct result of a
traumatic injury incurred in the theater of operations for
Operation Enduring Freedom or Operation Iraqi Freedom''.
(b) Conforming Amendment.--The heading of such section is
amended by striking ``in Operation Enduring Freedom and
Operation Iraqi Freedom''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2010.
SEC. 104. CONSIDERATION OF LOSS OF DOMINANT HAND IN
PRESCRIPTION OF SCHEDULE OF SEVERITY OF
TRAUMATIC INJURY UNDER SERVICEMEMBERS' GROUP
LIFE INSURANCE.
(a) In General.--Section 1980A(d) is amended--
(1) by striking ``Payments under'' and inserting ``(1)
Payments under''; and
(2) by adding at the end the following new paragraph:
``(2) As the Secretary considers appropriate, the schedule
required by paragraph (1) may distinguish in specifying
payments for qualifying losses between the severity of a
qualifying loss of a dominant hand and a qualifying loss of a
nondominant hand.''.
(b) Payments for Qualifying Losses Incurred Before Date of
Enactment.--
(1) In general.--The Secretary of Veterans Affairs shall
prescribe in regulations mechanisms for payments under
section 1980A of title 38, United States Code, for qualifying
losses incurred before the date of the enactment of this Act
by reason of the requirements of paragraph (2) of subsection
(d) of such section (as added by subsection (a)(2) of this
section).
(2) Qualifying loss defined.--In this subsection, the term
``qualifying loss'' means--
(A) a loss specified in the second sentence of subsection
(b)(1) of section 1980A of title 38, United States Code; and
(B) any other loss specified by the Secretary of Veterans
Affairs pursuant to the first sentence of that subsection.
SEC. 105. ENHANCEMENT OF VETERANS' MORTGAGE LIFE INSURANCE.
(a) In General.--Section 2106(b) is amended by striking
``$90,000'' and inserting ``$150,000, or $200,000 after
January 1, 2012,''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2010.
TITLE II--COMPENSATION AND PENSION MATTERS
SEC. 201. COST-OF-LIVING INCREASE FOR TEMPORARY DEPENDENCY
AND INDEMNITY COMPENSATION PAYABLE FOR
SURVIVING SPOUSES WITH DEPENDENT CHILDREN UNDER
THE AGE OF 18.
Section 1311(f) is amended--
(1) in paragraph (1), by inserting ``(as increased from
time to time under paragraph (4))'' after ``$250'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Whenever there is an increase in benefit amounts
payable under title II of the Social Security Act (42 U.S.C.
401 et seq.) as a result of a determination made under
section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary
shall, effective on the date of such increase in benefit
amounts, increase the amount payable under paragraph (1), as
such amount was in effect immediately prior to the date of
such increase in benefit amounts, by the same percentage as
the percentage by which such benefit amounts are increased.
Any increase in a dollar amount under this paragraph shall be
rounded down to the next lower whole dollar amount.''.
SEC. 202. ELIGIBILITY OF VETERANS 65 YEARS OF AGE OR OLDER
FOR SERVICE PENSION FOR A PERIOD OF WAR.
(a) In General.--Section 1513 is amended--
(1) in subsection (a), by striking ``by section 1521'' and
all that follows and inserting ``by subsection (b), (c),
(f)(1), (f)(5), or (g) of that section, as the case may be
and as increased from time to time under section 5312 of this
title.'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) The conditions in subsections (h) and (i) of section
1521 of this title shall apply to determinations of income
and maximum payments of pension for purposes of this
section.''.
(b) Applicability.--The amendments made by this section
shall apply with respect to any claim for pension filed on or
after the date of the enactment of this Act.
SEC. 203. CLARIFICATION OF ADDITIONAL REQUIREMENTS FOR
CONSIDERATION TO BE AFFORDED TIME, PLACE, AND
CIRCUMSTANCES OF SERVICE IN DETERMINATIONS
REGARDING SERVICE-CONNECTED DISABILITIES.
(a) In General.--Subsection (a) of section 1154 is amended
to read as follows:
``(a) The Secretary shall include in the regulations
pertaining to service-connection of disabilities the
following:
``(1) Provisions requiring that, in each case where a
veteran is seeking service-connection for any disability, due
consideration shall be given to the places, types, and
circumstances of such veteran's service as shown by--
``(A) such veteran's service record;
``(B) the official history of each organization in which
such veteran served;
``(C) such veteran's medical records; and
``(D) all pertinent medical and lay evidence.
``(2) Provisions generally recognizing circumstances in
which lay evidence consistent with the place, conditions,
dangers, or hardships associated with particular military
service does not require confirmatory official documentary
evidence in order to establish the occurrence of an event or
exposure during active military, naval, or air service.
``(3) The provisions required by section 5 of the Veterans'
Dioxin and Radiation Exposure Compensation Standards Act
(Public Law 98-542; 98 Stat. 2727).''.
(b) Regulations.--
(1) In general.--Not later than 210 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall promulgate regulations to implement section 1154(a)(2)
of title 38, United States Code, as added by subsection (a).
(2) Interim regulations.--In the case that the Secretary is
unable to promulgate final regulations under paragraph (1) on
or before the date that is 210 days after the date of the
enactment of this Act, the Secretary shall promulgate interim
regulations on or before such date to be in effect until such
time as the Secretary promulgates final regulations.
SEC. 204. EXTENSION OF REDUCED PENSION FOR CERTAIN VETERANS
COVERED BY MEDICAID PLANS FOR SERVICES
FURNISHED BY NURSING FACILITIES.
Section 5503(d)(7) is amended by striking ``September 30,
2011'' and inserting ``September 30, 2014''.
SEC. 205. ENHANCEMENT OF DISABILITY COMPENSATION FOR CERTAIN
DISABLED VETERANS WITH DIFFICULTIES USING
PROSTHESES AND DISABLED VETERANS IN NEED OF
REGULAR AID AND ATTENDANCE FOR RESIDUALS OF
TRAUMATIC BRAIN INJURY.
(a) Veterans Suffering Anatomical Loss of Hands, Arms, or
Legs.--Section 1114 is amended--
(1) in subsection (m)--
(A) by striking ``at a level, or with complications,'' and
inserting ``with factors''; and
(B) by striking ``at levels, or with complications,'' and
inserting ``with factors'';
(2) in subsection (n)--
(A) by striking ``at levels, or with complications,'' and
inserting ``with factors'';
[[Page S10247]]
(B) by striking ``so near the hip as to'' and inserting
``with factors that''; and
(C) by striking ``so near the shoulder and hip as to'' and
inserting ``with factors that''; and
(3) in subsection (o), by striking ``so near the shoulder
as to'' and inserting ``with factors that''.
(b) Veterans With Service-Connected Disabilities in Need of
Regular Aid and Attendance for Residuals of Traumatic Brain
Injury.--
(1) In general.--Such section is further amended--
(A) in subsection (p), by striking the semicolon at the end
and inserting a period; and
(B) by adding at the end the following new subsection:
``(t) Subject to section 5503(c) of this title, if any
veteran, as the result of service-connected disability, is in
need of regular aid and attendance for the residuals of
traumatic brain injury, is not eligible for compensation
under subsection (r)(2), and in the absence of such regular
aid and attendance would require hospitalization, nursing
home care, or other residential institutional care, the
veteran shall be paid, in addition to any other compensation
under this section, a monthly aid and attendance allowance
equal to the rate described in subsection (r)(2), which for
purposes of section 1134 of this title shall be considered as
additional compensation payable for disability. An allowance
authorized under this subsection shall be paid in lieu of any
allowance authorized by subsection (r)(1).''.
(2) Conforming amendment.--Section 5503(c) is amended by
striking ``in section 1114(r)'' and inserting ``in subsection
(r) or (t) of section 1114''.
(c) Effective Date.--The amendments made by this section
shall take effect on August 31, 2010.
SEC. 206. COMMENCEMENT OF PERIOD OF PAYMENT OF ORIGINAL
AWARDS OF COMPENSATION FOR VETERANS RETIRED OR
SEPARATED FROM THE UNIFORMED SERVICES FOR
CATASTROPHIC DISABILITY.
(a) Commencement of Period of Payment.--Subsection (a) of
section 5111 is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) in paragraph (1), as designated by paragraph (1) of
this subsection, by striking ``in subsection (c) of this
section'' and inserting ``in paragraph (2) of this subsection
and subsection (c)''; and
(3) by adding at the end the following new paragraph:
``(2)(A) In the case of a veteran who is retired or
separated from the active military, naval, or air service for
a catastrophic disability or disabilities, payment of
monetary benefits based on an award of compensation based on
an original claim shall be made as of the date on which such
award becomes effective as provided under section 5110 of
this title or another applicable provision of law.
``(B) In this paragraph, the term `catastrophic
disability', with respect to a veteran, means a permanent,
severely disabling injury, disorder, or disease that
compromises the ability of the veteran to carry out the
activities of daily living to such a degree that the veteran
requires personal or mechanical assistance to leave home or
bed, or requires constant supervision to avoid physical harm
to self or others.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply with respect to awards of compensation based
on original claims that become effective on or after that
date.
(c) Technical Correction Regarding Waiver of Retired Pay.--
Section 5305 is amended by striking ``section 1414'' and
inserting ``sections 1212(d)(2) and 1414''.
SEC. 207. APPLICABILITY OF LIMITATION TO PENSION PAYABLE TO
CERTAIN CHILDREN OF VETERANS OF A PERIOD OF
WAR.
Section 5503(d)(5) is amended--
(1) by inserting ``(A)'' after ``(5)''; and
(2) by adding at the end the following new subparagraph:
``(B) The provisions of this subsection shall apply with
respect to a child entitled to pension under section 1542 of
this title in the same manner as they apply to a veteran
having neither spouse nor child.''.
SEC. 208. PAYMENT OF DEPENDENCY AND INDEMNITY COMPENSATION TO
SURVIVORS OF FORMER PRISONERS OF WAR WHO DIED
ON OR BEFORE SEPTEMBER 30, 1999.
Section 1318(b)(3) is amended by striking ``who died after
September 30, 1999,''.
TITLE III--READJUSTMENT AND RELATED BENEFIT MATTERS
SEC. 301. REPEAL OF LIMITATION ON NUMBER OF VETERANS ENROLLED
IN PROGRAMS OF INDEPENDENT LIVING SERVICES AND
ASSISTANCE.
(a) In General.--Section 3120 is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(b) Conforming Amendment.--Subsection (a) of such section
is amended by striking ``described in subsection (f)'' and
inserting ``described in subsection (e)''.
SEC. 302. ELIGIBILITY OF DISABLED VETERANS AND MEMBERS OF THE
ARMED FORCES WITH SEVERE BURN INJURIES FOR
AUTOMOBILES AND ADAPTIVE EQUIPMENT.
(a) Eligibility.--Paragraph (1) of section 3901 is
amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking ``in
subclause (i), (ii), or (iii) below'' and inserting ``in
clause (i), (ii), (iii), or (iv) of this subparagraph''; and
(B) by adding at the end the following new clause:
``(iv) A severe burn injury (as determined pursuant to
regulations prescribed by the Secretary).''; and
(2) in subparagraph (B), by striking ``subclause (i), (ii),
or (iii) of clause (A) of this paragraph'' and inserting
``clause (i), (ii), (iii), or (iv) of subparagraph (A)''.
(b) Stylistic Amendments.--Such section is further
amended--
(1) in the matter preceding paragraph (1), by striking
``chapter--'' and inserting ``chapter:'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``means--'' and inserting ``means the following:'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking ``any
veteran'' and inserting ``Any veteran'';
(ii) in clauses (i) and (ii), by striking the semicolon at
the end and inserting a period; and
(iii) in clause (iii), by striking ``; or'' and inserting a
period; and
(C) in subparagraph (B), by striking ``any member'' and
inserting ``Any member''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2010.
SEC. 303. ENHANCEMENT OF AUTOMOBILE ASSISTANCE ALLOWANCE FOR
VETERANS.
(a) Increase in Amount of Allowance.--Subsection (a) of
section 3902 is amended by striking ``$11,000'' and inserting
``$22,500 (as adjusted from time to time under subsection
(e))''.
(b) Annual Adjustment.--Such section is further amended by
adding at the end the following new subsection:
``(e)(1) Effective on October 1 of each year (beginning in
2011), the Secretary shall increase the dollar amount in
effect under subsection (a) to an amount equal to 80 percent
of the average retail cost of new automobiles for the
preceding calendar year.
``(2) The Secretary shall establish the method for
determining the average retail cost of new automobiles for
purposes of this subsection. The Secretary may use data
developed in the private sector if the Secretary determines
the data is appropriate for purposes of this subsection.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2010.
SEC. 304. PAYMENT OF UNPAID BALANCES OF DEPARTMENT OF
VETERANS AFFAIRS GUARANTEED LOANS.
Section 3732(a)(2) is amended--
(1) by striking ``Before suit'' and inserting ``(A) Before
suit''; and
(2) by adding at the end the following new subparagraph:
``(B) In the event that a housing loan guaranteed under
this chapter is modified under the authority provided under
section 1322(b) of title 11, the Secretary may pay the holder
of the obligation the unpaid balance of the obligation due as
of the date of the filing of the petition under title 11 plus
accrued interest, but only upon the assignment, transfer, and
delivery to the Secretary (in a form and manner satisfactory
to the Secretary) of all rights, interest, claims, evidence,
and records with respect to the housing loan.''.
TITLE IV--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
SEC. 401. WAIVER OF SOVEREIGN IMMUNITY UNDER THE 11TH
AMENDMENT WITH RESPECT TO ENFORCEMENT OF
USERRA.
(a) In General.--Section 4323 is amended--
(1) in subsection (b) by striking paragraph (2) and
inserting the following new paragraph:
``(2) In the case of an action against a State (as an
employer) by a person, the action may be brought in the
appropriate district court of the United States or State
court of competent jurisdiction.'';
(2) by redesignating subsection (i) as subsection (j); and
(3) by inserting after subsection (h) the following new
subsection (i):
``(i) Waiver of State Sovereign Immunity.--(1) A State's
receipt or use of Federal financial assistance for any
program or activity of a State shall constitute a waiver of
sovereign immunity, under the 11th amendment to the
Constitution or otherwise, to a suit brought by--
``(A) a person who is or was an employee in that program or
activity for the rights or benefits authorized the person by
this chapter;
``(B) a person applying to be such an employee in that
program or activity for the rights or benefits authorized the
person by this chapter; or
``(C) a person seeking reemployment as an employee in that
program or activity for the rights or benefits authorized the
person by this chapter.
``(2) In this subsection, the term `program or activity'
has the meaning given that term in section 309 of the Age
Discrimination Act of 1975 (42 U.S.C. 6107).''.
(b) Application.--The amendments made by subsection (a)
shall apply to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) all actions or complaints filed under such chapter 43
that are commenced after the date of the enactment of this
Act.
SEC. 402. CLARIFYING THE DEFINITION OF ``SUCCESSOR IN
INTEREST''.
(a) In General.--Section 4303(4) is amended by adding at
the end the following new subparagraph:
[[Page S10248]]
``(D)(i) Whether the term `successor in interest' applies
with respect to an entity described in subparagraph (A) for
purposes of clause (iv) of such subparagraph shall be
determined on a case-by-case basis using a multi-factor test
that considers the following factors:
``(I) Substantial continuity of business operations.
``(II) Use of the same or similar facilities.
``(III) Continuity of work force.
``(IV) Similarity of jobs and working conditions.
``(V) Similarity of supervisory personnel.
``(VI) Similarity of machinery, equipment, and production
methods.
``(VII) Similarity of products or services.
``(ii) The entity's lack of notice or awareness of a
potential or pending claim under this chapter at the time of
a merger, acquisition, or other form of succession shall not
be considered when applying the multi-factor test under
clause (i).''.
(b) Application.--The amendment made by subsection (a)
shall apply to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) all actions or complaints filed under such chapter 43
that are pending on or after the date of the enactment of
this Act.
SEC. 403. CLARIFYING THAT USERRA PROHIBITS WAGE
DISCRIMINATION AGAINST MEMBERS OF THE ARMED
FORCES.
(a) In General.--Section 4303(2) is amended by striking
``other than'' and inserting ``including''.
(b) Application.--The amendment made by subsection (a)
shall apply to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) all actions or complaints filed under such chapter 43
that are pending on or after the date of the enactment of
this Act.
SEC. 404. REQUIREMENT THAT FEDERAL AGENCIES PROVIDE NOTICE TO
CONTRACTORS OF POTENTIAL USERRA OBLIGATIONS.
(a) Civilian Agencies.--The Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)
is amended by adding at the end the following new section:
``SEC. 318. NOTICE TO CONTRACTORS OF POTENTIAL OBLIGATIONS
RELATING TO EMPLOYMENT AND REEMPLOYMENT OF
MEMBERS OF THE ARMED FORCES.
``Each contract for the procurement of property or services
that is entered into by the head of an executive agency shall
include a notice to the contractor that the contractor may
have obligations under chapter 43 of title 38, United States
Code.''.
(b) Armed Forces.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2334. Notice to contractors of potential obligations
relating to employment and reemployment of members of the
armed forces
``Each contract for the procurement of property or services
that is entered into by the head of an executive agency shall
include a notice to the contractor that the contractor may
have obligations under chapter 43 of title 38.''.
(2) Clerical amendment.--The table of sections for such
chapter is amended by adding at the end the following new
item:
``2334. Notice to contractors of potential obligations relating to
employment and reemployment of members of the armed
forces.''.
SEC. 405. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON
EFFECTIVENESS OF FEDERAL PROGRAMS OF EDUCATION
AND OUTREACH ON EMPLOYER OBLIGATIONS UNDER
USERRA.
(a) Study Required.--The Comptroller General of the United
States shall conduct a study on the effectiveness of Federal
programs of education and outreach on employer obligations
under chapter 43 of title 38, United States Code.
(b) Contents of Study.--In carrying out the study required
by subsection (a), the Comptroller General shall--
(1) assess current practices and procedures of Federal
agencies for educating employers about their obligations
under chapter 43 of title 38, United States Code;
(2) identify best practices for bringing the employment
practices of small businesses into compliance with such
chapter;
(3) determine whether the Employer Support for the Guard
and Reserve, the Small Business Administration, or other
agencies could collaborate to develop a program to educate
employers regarding their obligations under such chapter; and
(4) determine the effect on recruitment and retention in
the National Guard and Reserves of the failure of employers
to meet their reemployment obligations under such chapter.
(c) Report to Congress.--Not later than June 30, 2010, the
Comptroller General shall submit to Congress a report on the
study conducted under subsection (a), including the
following:
(1) The findings of the Comptroller General with respect to
such study.
(2) The recommendations of the Comptroller General for the
improvement of education and outreach for employers with
respect to their obligations under chapter 43 of title 38,
United States Code.
SEC. 406. TECHNICAL AMENDMENTS.
(a) Amendment to Congressional Accountability Act of
1995.--Section 206(b) of the Congressional Accountability Act
of 1995 (2 U.S.C. 1316(b)) is amended by striking ``under
paragraphs (1), (2)(A), and (3) of section 4323(c) of title
38, United States Code'' and inserting ``under section
4323(d) of title 38, United States Code''.
(b) Amendment to Section 416 of Title 3, United States
Code.--Section 416(b) of title 3, United States Code, is
amended by striking ``under paragraphs (1) and (2)(A) of
section 4323(c) of title 38'' and inserting ``under section
4323(d) of title 38''.
(c) Amendment to Section 4324 of Title 38, United States
Code.--Section 4324(b)(4) of title 38, United States Code, is
amended by inserting before the period the following:
``declining to initiate an action and represent the person
before the Merit Systems Protection Board''.
TITLE V--BURIAL AND MEMORIAL MATTERS
SEC. 501. SUPPLEMENTAL BENEFITS FOR VETERANS FOR FUNERAL AND
BURIAL EXPENSES.
(a) Funeral Expenses.--
(1) In general.--Chapter 23 is amended by inserting after
section 2302 the following new section:
``Sec. 2302A. Funeral expenses: supplemental benefits
``(a) In General.--(1) Subject to the availability of funds
specifically provided for purposes of this subsection in
advance in an appropriations Act, whenever the Secretary
makes a payment for the burial and funeral of a veteran under
section 2302(a) of this title, the Secretary is also
authorized and directed to pay the recipient of such payment
a supplemental payment under this section for the cost of
such burial and funeral.
``(2) No supplemental payment shall be made under this
subsection if the Secretary has expended all funds that were
specifically provided for purposes of this subsection in an
appropriations Act.
``(b) Amount.--The amount of the supplemental payment
required by subsection (a) for any death is $900 (as adjusted
from time to time under subsection (c)).
``(c) Adjustment.--With respect to deaths that occur in any
fiscal year after fiscal year 2010, the supplemental payment
described in subsection (b) shall be equal to the sum of--
``(1) the supplemental payment in effect under subsection
(b) for the preceding fiscal year (determined after
application of this subsection), plus
``(2) the sum of the amount described in section 2302(a) of
this title and the amount under paragraph (1), multiplied by
the percentage by which--
``(A) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the June 30
preceding the beginning of the fiscal year for which the
increase is made, exceeds
``(B) such Consumer Price Index for the 12-month period
preceding the 12-month period described in subparagraph (A).
``(d) Estimates.--(1) From time to time, the Secretary
shall make an estimate of--
``(A) the amount of funding that would be necessary to
provide supplemental payments under this section to all
eligible recipients for the remainder of the fiscal year in
which such an estimate is made; and
``(B) the amount that Congress would need to appropriate to
provide all eligible recipients with supplemental payments
under this section in the next fiscal year.
``(2) On the dates described in paragraph (3), the
Secretary shall submit to the appropriate committees of
Congress the estimates described in paragraph (1).
``(3) The dates described in this paragraph are the
following:
``(A) April 1 of each year.
``(B) July 1 of each year.
``(C) September 1 of each year.
``(D) The date that is 60 days before the date estimated by
the Secretary on which amounts appropriated for the purposes
of this section for a fiscal year will be exhausted.
``(e) Appropriate Committees of Congress Defined.--In this
section, the term `appropriate committees of Congress'
means--
``(1) the Committee on Appropriations and the Committee on
Veterans' Affairs of the Senate; and
``(2) the Committee on Appropriations and the Committee on
Veterans' Affairs of the House of Representatives.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item related to section 2302 the following new item:
``2302A. Funeral expenses: supplemental benefits.''.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Veterans Affairs such
sums as may be necessary to carry out the provisions of
section 2302A of title 38, United States Code (as added by
this subsection).
(b) Death From Service-Connected Disability.--
(1) In general.--Chapter 23 is amended by inserting after
section 2307 the following new section:
``Sec. 2307A. Death from service-connected disability:
supplemental benefits for burial and funeral expenses
``(a) In General.--(1) Subject to the availability of funds
specifically provided for purposes of this subsection in
advance in an appropriations Act, whenever the Secretary
makes a payment for the burial and funeral of a veteran under
section 2307(1) of this title, the Secretary is also
authorized and directed to pay the recipient of such payment
a supplemental payment
[[Page S10249]]
under this section for the cost of such burial and funeral.
``(2) No supplemental payment shall be made under this
subsection if the Secretary has expended all funds that were
specifically provided for purposes of this subsection in an
appropriations Act.
``(b) Amount.--The amount of the supplemental payment
required by subsection (a) for any death is $2,100 (as
adjusted from time to time under subsection (c)).
``(c) Adjustment.--With respect to deaths that occur in any
fiscal year after fiscal year 2010, the supplemental payment
described in subsection (b) shall be equal to the sum of--
``(1) the supplemental payment in effect under subsection
(b) for the preceding fiscal year (determined after
application of this subsection), plus
``(2) the sum of the amount described in section 2307(1) of
this title and the amount under paragraph (1), multiplied by
the percentage by which--
``(A) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the June 30
preceding the beginning of the fiscal year for which the
increase is made, exceeds
``(B) such Consumer Price Index for the 12-month period
preceding the 12-month period described in subparagraph (A).
``(d) Estimates.--(1) From time to time, the Secretary
shall make an estimate of--
``(A) the amount of funding that would be necessary to
provide supplemental payments under this section to all
eligible recipients for the remainder of the fiscal year in
which such an estimate is made; and
``(B) the amount that Congress would need to appropriate to
provide all eligible recipients with supplemental payments
under this section in the next fiscal year.
``(2) On the dates described in paragraph (3), the
Secretary shall submit to the appropriate committees of
Congress the estimates described in paragraph (1).
``(3) The dates described in this paragraph are the
following:
``(A) April 1 of each year.
``(B) July 1 of each year.
``(C) September 1 of each year.
``(D) The date that is 60 days before the date estimated by
the Secretary on which amounts appropriated for the purposes
of this section for a fiscal year will be exhausted.
``(e) Appropriate Committees of Congress Defined.--In this
section, the term `appropriate committees of Congress'
means--
``(1) the Committee on Appropriations and the Committee on
Veterans' Affairs of the Senate; and
``(2) the Committee on Appropriations and the Committee on
Veterans' Affairs of the House of Representatives.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item related to section 2307 the following new item:
``2307A. Death from service-connected disability: supplemental benefits
for burial and funeral expenses.''.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Veterans Affairs such
sums as may be necessary to carry out the provisions of
section 2307A of title 38, United States Code (as added by
this subsection).
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2009, and shall apply with
respect to deaths occurring on or after that date.
SEC. 502. SUPPLEMENTAL PLOT ALLOWANCES.
(a) In General.--Chapter 23 is amended by inserting after
section 2303 the following new section:
``Sec. 2303A. Supplemental plot allowance
``(a) In General.--(1) Subject to the availability of funds
specifically provided for purposes of this subsection in
advance in an appropriations Act, whenever the Secretary
makes a payment for the burial and funeral of a veteran under
section 2303(a)(1)(A) of this title, or for the burial of a
veteran under paragraph (1) or (2) of section 2303(b) of this
title, the Secretary is also authorized and directed to pay
the recipient of such payment a supplemental payment under
this section for the cost of such burial and funeral or
burial, as applicable.
``(2) No supplemental plot allowance payment shall be made
under this subsection if the Secretary has expended all funds
that were specifically provided for purposes of this
subsection in an appropriations Act.
``(b) Amount.--The amount of the supplemental payment
required by subsection (a) for any death is $445 (as adjusted
from time to time under subsection (c)).
``(c) Adjustment.--With respect to deaths that occur in any
fiscal year after fiscal year 2010, the supplemental payment
described in subsection (b) shall be equal to the sum of--
``(1) the supplemental payment in effect under subsection
(b) for the preceding fiscal year (determined after
application of this subsection), plus
``(2) the sum of the amount described in section
2303(a)(1)(A) of this title and the amount under paragraph
(1), multiplied by the percentage by which--
``(A) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the June 30
preceding the beginning of the fiscal year for which the
increase is made, exceeds
``(B) such Consumer Price Index for the 12-month period
preceding the 12-month period described in subparagraph (A).
``(d) Estimates.--(1) From time to time, the Secretary
shall make an estimate of--
``(A) the amount of funding that would be necessary to
provide supplemental plot allowance payments under this
section to all eligible recipients for the remainder of the
fiscal year in which such an estimate is made; and
``(B) the amount that Congress would need to appropriate to
provide all eligible recipients with supplemental plot
allowance payments under this section in the next fiscal
year.
``(2) On the dates described in paragraph (3), the
Secretary shall submit to the appropriate committees of
Congress the estimates described in paragraph (1).
``(3) The dates described in this paragraph are the
following:
``(A) April 1 of each year.
``(B) July 1 of each year.
``(C) September 1 of each year.
``(D) The date that is 60 days before the date estimated by
the Secretary on which amounts appropriated for the purposes
of this section for a fiscal year will be exhausted.
``(e) Appropriate Committees of Congress Defined.--In this
section, the term `appropriate committees of Congress'
means--
``(1) the Committee on Appropriations and the Committee on
Veterans' Affairs of the Senate; and
``(2) the Committee on Appropriations and the Committee on
Veterans' Affairs of the House of Representatives.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item related to section 2303 the following new item:
``2303A. Supplemental plot allowance.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2009, and shall apply with
respect to deaths occurring on or after that date.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Veterans Affairs such
sums as may be necessary to carry out the provisions of
section 2303A of title 38, United States Code (as added by
subsection (a)).
TITLE VI--OTHER MATTERS
SEC. 601. NATIONAL ACADEMIES REVIEW OF BEST TREATMENTS FOR
GULF WAR ILLNESS.
(a) In General.--The Secretary of Veterans Affairs shall
enter into a contract with the Institute of Medicine of the
National Academies to conduct a comprehensive review of the
best treatments for Gulf War Illness.
(b) Group of Medical Professionals.--In conducting the
study required under subsection (a), the Institute of
Medicine shall convene a group of medical professionals who
are experienced in treating individuals diagnosed with Gulf
War illness as follows:
(1) Members of the Armed Forces who served during the
Persian Gulf War in the Southwest Asia theater of operations.
(2) Members of the Armed Forces who served in the Post 9/11
Global Operations theaters.
(c) Reports.--The contract required by subsection (a) shall
require the Institute of Medicine to submit to the Secretary
and to the appropriate committees of Congress a report on the
review required under subsection (a) not later than December
31, 2011. The final report shall include such recommendations
for legislative or administrative action as the Institute
considers appropriate in light of the results of the review.
(d) Funding.--The Secretary shall provide the Institute of
Medicine with such funds as are necessary to ensure the
timely completion of the review required under subsection
(a).
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Veterans' Affairs of the House of
Representatives.
(2) Gulf war illness.--The term ``Gulf War Illness'' means
a medically unexplained chronic multisymptom illness, such as
chronic fatigue syndrome, fibromyalgia, and irritable bowel
syndrome, that is defined by a cluster of signs or symptoms
relating to service in the Persian Gulf War or Post 9/11
Global Operations theaters.
(3) Persian gulf war.--The term ``Persian Gulf War'' has
the meaning given that term in section 101(33) of title 38,
United States Code.
(4) Post 9/11 global operations theaters.--The term ``Post
9/11 Global Operations theaters'' means Afghanistan, Iraq, or
any other theater in which the Global War on Terrorism
Expeditionary Medal is awarded for service.
SEC. 602. EXTENSION OF NATIONAL ACADEMY OF SCIENCES REVIEWS
AND EVALUATIONS REGARDING ILLNESS AND SERVICE
IN PERSIAN GULF WAR.
(a) Review and Evaluation of Toxic Drugs and Illnesses
Associated With Persian Gulf War.--Section 1603(j) of the
Persian Gulf War Veterans Act of 1998 (38 U.S.C. 1117 note)
is amended by striking ``October 1, 2010'' and inserting
``October 1, 2015''.
(b) Review and Evaluation of Available Evidence Regarding
Illness and Service in Persian Gulf War.--
(1) In general.--Section 101(j) of the Veterans Programs
Enhancement Act of 1998 (Public Law 105-368; 112 Stat. 3321)
is amended by striking ``11 years after'' and all that
follows through ``under subsection (b)'' and inserting ``on
October 1, 2018''.
(2) Conforming amendment.--Section 1604 of the Persian Gulf
War Veterans Act of 1998 (Public Law 105-277; 38 U.S.C. 1117
note) is repealed.
SEC. 603. EXTENSION OF AUTHORITY FOR REGIONAL OFFICE IN
REPUBLIC OF THE PHILIPPINES.
Section 315(b) is amended by striking ``December 31, 2009''
and inserting ``December 31, 2011''.
[[Page S10250]]
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 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
[[Page S10251]]
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.
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
[[Page S10252]]
``(II) in the case of any other member of the uniformed
services, 120 days after the date of the member's separation
or release from the uniformed services; or''.
SEC. 103. EXPANSION OF INDIVIDUALS QUALIFYING FOR RETROACTIVE
BENEFITS FROM TRAUMATIC INJURY PROTECTION
COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE
INSURANCE.
(a) In General.--Paragraph (1) of section 501(b) of the
Veterans' Housing Opportunity and Benefits Improvement Act of
2006 (Public Law 109-233; 120 Stat. 414; 38 U.S.C. 1980A
note) is amended by striking ``, if, as determined by the
Secretary concerned, that loss was a direct result of a
traumatic injury incurred in the theater of operations for
Operation Enduring Freedom or Operation Iraqi Freedom''.
(b) Conforming Amendment.--The heading of such section is
amended by striking ``in Operation Enduring Freedom and
Operation Iraqi Freedom''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2010.
SEC. 104. CONSIDERATION OF LOSS OF DOMINANT HAND IN
PRESCRIPTION OF SCHEDULE OF SEVERITY OF
TRAUMATIC INJURY UNDER SERVICEMEMBERS' GROUP
LIFE INSURANCE.
(a) In General.--Section 1980A(d) is amended--
(1) by striking ``Payments under'' and inserting ``(1)
Payments under''; and
(2) by adding at the end the following new paragraph:
``(2) As the Secretary considers appropriate, the schedule
required by paragraph (1) may distinguish in specifying
payments for qualifying losses between the severity of a
qualifying loss of a dominant hand and a qualifying loss of a
nondominant hand.''.
(b) Payments for Qualifying Losses Incurred Before Date of
Enactment.--
(1) In general.--The Secretary of Veterans Affairs shall
prescribe in regulations mechanisms for payments under
section 1980A of title 38, United States Code, for qualifying
losses incurred before the date of the enactment of this Act
by reason of the requirements of paragraph (2) of subsection
(d) of such section (as added by subsection (a)(2) of this
section).
(2) Qualifying loss defined.--In this subsection, the term
``qualifying loss'' means--
(A) a loss specified in the second sentence of subsection
(b)(1) of section 1980A of title 38, United States Code; and
(B) any other loss specified by the Secretary of Veterans
Affairs pursuant to the first sentence of that subsection.
SEC. 105. ENHANCEMENT OF VETERANS' MORTGAGE LIFE INSURANCE.
(a) In General.--Section 2106(b) is amended by striking
``$90,000'' and inserting ``$150,000, or $200,000 after
January 1, 2012,''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2010.
TITLE II--COMPENSATION AND PENSION MATTERS
SEC. 201. COST-OF-LIVING INCREASE FOR TEMPORARY DEPENDENCY
AND INDEMNITY COMPENSATION PAYABLE FOR
SURVIVING SPOUSES WITH DEPENDENT CHILDREN UNDER
THE AGE OF 18.
Section 1311(f) is amended--
(1) in paragraph (1), by inserting ``(as increased from
time to time under paragraph (4))'' after ``$250'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Whenever there is an increase in benefit amounts
payable under title II of the Social Security Act (42 U.S.C.
401 et seq.) as a result of a determination made under
section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary
shall, effective on the date of such increase in benefit
amounts, increase the amount payable under paragraph (1), as
such amount was in effect immediately prior to the date of
such increase in benefit amounts, by the same percentage as
the percentage by which such benefit amounts are increased.
Any increase in a dollar amount under this paragraph shall be
rounded down to the next lower whole dollar amount.''.
SEC. 202. ELIGIBILITY OF VETERANS 65 YEARS OF AGE OR OLDER
FOR SERVICE PENSION FOR A PERIOD OF WAR.
(a) In General.--Section 1513 is amended--
(1) in subsection (a), by striking ``by section 1521'' and
all that follows and inserting ``by subsection (b), (c),
(f)(1), (f)(5), or (g) of that section, as the case may be
and as increased from time to time under section 5312 of this
title.'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) The conditions in subsections (h) and (i) of section
1521 of this title shall apply to determinations of income
and maximum payments of pension for purposes of this
section.''.
(b) Applicability.--The amendments made by this section
shall apply with respect to any claim for pension filed on or
after the date of the enactment of this Act.
SEC. 203. CLARIFICATION OF ADDITIONAL REQUIREMENTS FOR
CONSIDERATION TO BE AFFORDED TIME, PLACE, AND
CIRCUMSTANCES OF SERVICE IN DETERMINATIONS
REGARDING SERVICE-CONNECTED DISABILITIES.
(a) In General.--Subsection (a) of section 1154 is amended
to read as follows:
``(a) The Secretary shall include in the regulations
pertaining to service-connection of disabilities the
following:
``(1) Provisions requiring that, in each case where a
veteran is seeking service-connection for any disability, due
consideration shall be given to the places, types, and
circumstances of such veteran's service as shown by--
``(A) such veteran's service record;
``(B) the official history of each organization in which
such veteran served;
``(C) such veteran's medical records; and
``(D) all pertinent medical and lay evidence.
``(2) Provisions generally recognizing circumstances in
which lay evidence consistent with the place, conditions,
dangers, or hardships associated with particular military
service does not require confirmatory official documentary
evidence in order to establish the occurrence of an event or
exposure during active military, naval, or air service.
``(3) The provisions required by section 5 of the Veterans'
Dioxin and Radiation Exposure Compensation Standards Act
(Public Law 98-542; 98 Stat. 2727).''.
(b) Regulations.--
(1) In general.--Not later than 210 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall promulgate regulations to implement section 1154(a)(2)
of title 38, United States Code, as added by subsection (a).
(2) Interim regulations.--In the case that the Secretary is
unable to promulgate final regulations under paragraph (1) on
or before the date that is 210 days after the date of the
enactment of this Act, the Secretary shall promulgate interim
regulations on or before such date to be in effect until such
time as the Secretary promulgates final regulations.
SEC. 204. EXTENSION OF REDUCED PENSION FOR CERTAIN VETERANS
COVERED BY MEDICAID PLANS FOR SERVICES
FURNISHED BY NURSING FACILITIES.
Section 5503(d)(7) is amended by striking ``September 30,
2011'' and inserting ``April 30, 2016''.
SEC. 205. ENHANCEMENT OF DISABILITY COMPENSATION FOR CERTAIN
DISABLED VETERANS WITH DIFFICULTIES USING
PROSTHESES AND DISABLED VETERANS IN NEED OF
REGULAR AID AND ATTENDANCE FOR RESIDUALS OF
TRAUMATIC BRAIN INJURY.
(a) Veterans Suffering Anatomical Loss of Hands, Arms, or
Legs.--Section 1114 is amended--
(1) in subsection (m)--
(A) by striking ``at a level, or with complications,'' and
inserting ``with factors''; and
(B) by striking ``at levels, or with complications,'' and
inserting ``with factors'';
(2) in subsection (n)--
(A) by striking ``at levels, or with complications,'' and
inserting ``with factors'';
(B) by striking ``so near the hip as to'' and inserting
``with factors that''; and
(C) by striking ``so near the shoulder and hip as to'' and
inserting ``with factors that''; and
(3) in subsection (o), by striking ``so near the shoulder
as to'' and inserting ``with factors that''.
(b) Veterans With Service-Connected Disabilities in Need of
Regular Aid and Attendance for Residuals of Traumatic Brain
Injury.--
(1) In general.--Such section is further amended--
(A) in subsection (p), by striking the semicolon at the end
and inserting a period; and
(B) by adding at the end the following new subsection:
``(t) Subject to section 5503(c) of this title, if any
veteran, as the result of service-connected disability, is in
need of regular aid and attendance for the residuals of
traumatic brain injury, is not eligible for compensation
under subsection (r)(2), and in the absence of such regular
aid and attendance would require hospitalization, nursing
home care, or other residential institutional care, the
veteran shall be paid, in addition to any other compensation
under this section, a monthly aid and attendance allowance
equal to the rate described in subsection (r)(2), which for
purposes of section 1134 of this title shall be considered as
additional compensation payable for disability. An allowance
authorized under this subsection shall be paid in lieu of any
allowance authorized by subsection (r)(1).''.
(2) Conforming amendment.--Section 5503(c) is amended by
striking ``in section 1114(r)'' and inserting ``in subsection
(r) or (t) of section 1114''.
(c) Effective Date.--The amendments made by this section
shall take effect on August 31, 2010.
SEC. 206. COMMENCEMENT OF PERIOD OF PAYMENT OF ORIGINAL
AWARDS OF COMPENSATION FOR VETERANS RETIRED OR
SEPARATED FROM THE UNIFORMED SERVICES FOR
CATASTROPHIC DISABILITY.
(a) Commencement of Period of Payment.--Subsection (a) of
section 5111 is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) in paragraph (1), as designated by paragraph (1) of
this subsection, by striking ``in subsection (c) of this
section'' and inserting ``in paragraph (2) of this subsection
and subsection (c)''; and
(3) by adding at the end the following new paragraph:
``(2)(A) In the case of a veteran who is retired or
separated from the active military, naval, or air service for
a catastrophic disability or disabilities, payment of
monetary benefits based on an award of compensation based on
an original claim shall be made as of the date on which such
award becomes effective as provided under section 5110 of
this title or another applicable provision of law.
``(B) In this paragraph, the term `catastrophic
disability', with respect to a veteran, means a permanent,
severely disabling injury, disorder, or disease that
compromises the ability of the
[[Page S10253]]
veteran to carry out the activities of daily living to such a
degree that the veteran requires personal or mechanical
assistance to leave home or bed, or requires constant
supervision to avoid physical harm to self or others.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply with respect to awards of compensation based
on original claims that become effective on or after that
date.
(c) Technical Correction Regarding Waiver of Retired Pay.--
Section 5305 is amended by striking ``section 1414'' and
inserting ``sections 1212(d)(2) and 1414''.
SEC. 207. APPLICABILITY OF LIMITATION TO PENSION PAYABLE TO
CERTAIN CHILDREN OF VETERANS OF A PERIOD OF
WAR.
Section 5503(d)(5) is amended--
(1) by inserting ``(A)'' after ``(5)''; and
(2) by adding at the end the following new subparagraph:
``(B) The provisions of this subsection shall apply with
respect to a child entitled to pension under section 1542 of
this title in the same manner as they apply to a veteran
having neither spouse nor child.''.
SEC. 208. PAYMENT OF DEPENDENCY AND INDEMNITY COMPENSATION TO
SURVIVORS OF FORMER PRISONERS OF WAR WHO DIED
ON OR BEFORE SEPTEMBER 30, 1999.
Section 1318(b)(3) is amended by striking ``who died after
September 30, 1999,''.
TITLE III--READJUSTMENT AND RELATED BENEFIT MATTERS
SEC. 301. REPEAL OF LIMITATION ON NUMBER OF VETERANS ENROLLED
IN PROGRAMS OF INDEPENDENT LIVING SERVICES AND
ASSISTANCE.
(a) In General.--Section 3120 is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(b) Conforming Amendment.--Subsection (a) of such section
is amended by striking ``described in subsection (f)'' and
inserting ``described in subsection (e)''.
SEC. 302. ELIGIBILITY OF DISABLED VETERANS AND MEMBERS OF THE
ARMED FORCES WITH SEVERE BURN INJURIES FOR
AUTOMOBILES AND ADAPTIVE EQUIPMENT.
(a) Eligibility.--Paragraph (1) of section 3901 is
amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking ``in
subclause (i), (ii), or (iii) below'' and inserting ``in
clause (i), (ii), (iii), or (iv) of this subparagraph''; and
(B) by adding at the end the following new clause:
``(iv) A severe burn injury (as determined pursuant to
regulations prescribed by the Secretary).''; and
(2) in subparagraph (B), by striking ``subclause (i), (ii),
or (iii) of clause (A) of this paragraph'' and inserting
``clause (i), (ii), (iii), or (iv) of subparagraph (A)''.
(b) Stylistic Amendments.--Such section is further
amended--
(1) in the matter preceding paragraph (1), by striking
``chapter--'' and inserting ``chapter:'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``means--'' and inserting ``means the following:'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking ``any
veteran'' and inserting ``Any veteran'';
(ii) in clauses (i) and (ii), by striking the semicolon at
the end and inserting a period; and
(iii) in clause (iii), by striking ``; or'' and inserting a
period; and
(C) in subparagraph (B), by striking ``any member'' and
inserting ``Any member''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2010.
SEC. 303. ENHANCEMENT OF AUTOMOBILE ASSISTANCE ALLOWANCE FOR
VETERANS.
(a) Increase in Amount of Allowance.--Subsection (a) of
section 3902 is amended by striking ``$11,000'' and inserting
``$22,500 (as adjusted from time to time under subsection
(e))''.
(b) Annual Adjustment.--Such section is further amended by
adding at the end the following new subsection:
``(e)(1) Effective on October 1 of each year (beginning in
2011), the Secretary shall increase the dollar amount in
effect under subsection (a) to an amount equal to 80 percent
of the average retail cost of new automobiles for the
preceding calendar year.
``(2) The Secretary shall establish the method for
determining the average retail cost of new automobiles for
purposes of this subsection. The Secretary may use data
developed in the private sector if the Secretary determines
the data is appropriate for purposes of this subsection.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2010.
SEC. 304. PAYMENT OF UNPAID BALANCES OF DEPARTMENT OF
VETERANS AFFAIRS GUARANTEED LOANS.
Section 3732(a)(2) is amended--
(1) by striking ``Before suit'' and inserting ``(A) Before
suit''; and
(2) by adding at the end the following new subparagraph:
``(B) In the event that a housing loan guaranteed under
this chapter is modified under the authority provided under
section 1322(b) of title 11, the Secretary may pay the holder
of the obligation the unpaid balance of the obligation due as
of the date of the filing of the petition under title 11 plus
accrued interest, but only upon the assignment, transfer, and
delivery to the Secretary (in a form and manner satisfactory
to the Secretary) of all rights, interest, claims, evidence,
and records with respect to the housing loan.''.
TITLE IV--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
SEC. 401. WAIVER OF SOVEREIGN IMMUNITY UNDER THE 11TH
AMENDMENT WITH RESPECT TO ENFORCEMENT OF
USERRA.
(a) In General.--Section 4323 is amended--
(1) in subsection (b) by striking paragraph (2) and
inserting the following new paragraph:
``(2) In the case of an action against a State (as an
employer) by a person, the action may be brought in the
appropriate district court of the United States or State
court of competent jurisdiction.'';
(2) by redesignating subsection (i) as subsection (j); and
(3) by inserting after subsection (h) the following new
subsection (i):
``(i) Waiver of State Sovereign Immunity.--(1) A State's
receipt or use of Federal financial assistance for any
program or activity of a State shall constitute a waiver of
sovereign immunity, under the 11th amendment to the
Constitution or otherwise, to a suit brought by--
``(A) a person who is or was an employee in that program or
activity for the rights or benefits authorized the person by
this chapter;
``(B) a person applying to be such an employee in that
program or activity for the rights or benefits authorized the
person by this chapter; or
``(C) a person seeking reemployment as an employee in that
program or activity for the rights or benefits authorized the
person by this chapter.
``(2) In this subsection, the term `program or activity'
has the meaning given that term in section 309 of the Age
Discrimination Act of 1975 (42 U.S.C. 6107).''.
(b) Application.--The amendments made by subsection (a)
shall apply to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) all actions or complaints filed under such chapter 43
that are commenced after the date of the enactment of this
Act.
SEC. 402. CLARIFYING THE DEFINITION OF ``SUCCESSOR IN
INTEREST''.
(a) In General.--Section 4303(4) is amended by adding at
the end the following new subparagraph:
``(D)(i) Whether the term `successor in interest' applies
with respect to an entity described in subparagraph (A) for
purposes of clause (iv) of such subparagraph shall be
determined on a case-by-case basis using a multi-factor test
that considers the following factors:
``(I) Substantial continuity of business operations.
``(II) Use of the same or similar facilities.
``(III) Continuity of work force.
``(IV) Similarity of jobs and working conditions.
``(V) Similarity of supervisory personnel.
``(VI) Similarity of machinery, equipment, and production
methods.
``(VII) Similarity of products or services.
``(ii) The entity's lack of notice or awareness of a
potential or pending claim under this chapter at the time of
a merger, acquisition, or other form of succession shall not
be considered when applying the multi-factor test under
clause (i).''.
(b) Application.--The amendment made by subsection (a)
shall apply to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) all actions or complaints filed under such chapter 43
that are pending on or after the date of the enactment of
this Act.
SEC. 403. CLARIFYING THAT USERRA PROHIBITS WAGE
DISCRIMINATION AGAINST MEMBERS OF THE ARMED
FORCES.
(a) In General.--Section 4303(2) is amended by striking
``other than'' and inserting ``including''.
(b) Application.--The amendment made by subsection (a)
shall apply to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) all actions or complaints filed under such chapter 43
that are pending on or after the date of the enactment of
this Act.
SEC. 404. REQUIREMENT THAT FEDERAL AGENCIES PROVIDE NOTICE TO
CONTRACTORS OF POTENTIAL USERRA OBLIGATIONS.
(a) Civilian Agencies.--The Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)
is amended by adding at the end the following new section:
``SEC. 318. NOTICE TO CONTRACTORS OF POTENTIAL OBLIGATIONS
RELATING TO EMPLOYMENT AND REEMPLOYMENT OF
MEMBERS OF THE ARMED FORCES.
``Each contract for the procurement of property or services
that is entered into by the head of an executive agency shall
include a notice to the contractor that the contractor may
have obligations under chapter 43 of title 38, United States
Code.''.
(b) Armed Forces.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2334. Notice to contractors of potential obligations
relating to employment and reemployment of members of the
armed forces
``Each contract for the procurement of property or services
that is entered into by the head
[[Page S10254]]
of an executive agency shall include a notice to the
contractor that the contractor may have obligations under
chapter 43 of title 38.''.
(2) Clerical amendment.--The table of sections for such
chapter is amended by adding at the end the following new
item:
``2334. Notice to contractors of potential obligations relating to
employment and reemployment of members of the armed
forces.''.
SEC. 405. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON
EFFECTIVENESS OF FEDERAL PROGRAMS OF EDUCATION
AND OUTREACH ON EMPLOYER OBLIGATIONS UNDER
USERRA.
(a) Study Required.--The Comptroller General of the United
States shall conduct a study on the effectiveness of Federal
programs of education and outreach on employer obligations
under chapter 43 of title 38, United States Code.
(b) Contents of Study.--In carrying out the study required
by subsection (a), the Comptroller General shall--
(1) assess current practices and procedures of Federal
agencies for educating employers about their obligations
under chapter 43 of title 38, United States Code;
(2) identify best practices for bringing the employment
practices of small businesses into compliance with such
chapter;
(3) determine whether the Employer Support for the Guard
and Reserve, the Small Business Administration, or other
agencies could collaborate to develop a program to educate
employers regarding their obligations under such chapter; and
(4) determine the effect on recruitment and retention in
the National Guard and Reserves of the failure of employers
to meet their reemployment obligations under such chapter.
(c) Report to Congress.--Not later than June 30, 2010, the
Comptroller General shall submit to Congress a report on the
study conducted under subsection (a), including the
following:
(1) The findings of the Comptroller General with respect to
such study.
(2) The recommendations of the Comptroller General for the
improvement of education and outreach for employers with
respect to their obligations under chapter 43 of title 38,
United States Code.
SEC. 406. TECHNICAL AMENDMENTS.
(a) Amendment to Congressional Accountability Act of
1995.--Section 206(b) of the Congressional Accountability Act
of 1995 (2 U.S.C. 1316(b)) is amended by striking ``under
paragraphs (1), (2)(A), and (3) of section 4323(c) of title
38, United States Code'' and inserting ``under section
4323(d) of title 38, United States Code''.
(b) Amendment to Section 416 of Title 3, United States
Code.--Section 416(b) of title 3, United States Code, is
amended by striking ``under paragraphs (1) and (2)(A) of
section 4323(c) of title 38'' and inserting ``under section
4323(d) of title 38''.
(c) Amendment to Section 4324 of Title 38, United States
Code.--Section 4324(b)(4) of title 38, United States Code, is
amended by inserting before the period the following:
``declining to initiate an action and represent the person
before the Merit Systems Protection Board''.
TITLE V--BURIAL AND MEMORIAL MATTERS
SEC. 501. INCREASE IN CERTAIN BURIAL AND FUNERAL BENEFITS AND
PLOT ALLOWANCES FOR VETERANS.
(a) Increase in Burial and Funeral Expenses for Deaths in
Department Facilities.--Section 2303(a)(1)(A) is amended by
striking ``$300'' and inserting ``$745 (as increased from
time to time under subsection (c))''.
(b) Increase in Amount of Plot Allowances.--Section 2303(b)
is amended by striking ``$300'' each place it appears and
inserting ``$745 (as increased from time to time under
subsection (c))''.
(c) Annual Adjustment.--Section 2303 is amended by adding
at the end the following new subsection:
``(c) With respect to any fiscal year, the Secretary shall
provide a percentage increase (rounded to the nearest dollar)
in the burial and funeral expenses under subsection (a) and
in the plot allowance under subsection (b), equal to the
percentage by which--
``(1) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the June 30
preceding the beginning of the fiscal year for which the
increase is made, exceeds
``(2) the Consumer Price Index for the 12-month period
preceding the 12-month period described in paragraph (1).''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
deaths occurring on or after October 1, 2010.
(2) Prohibition on cost-of-living adjustment for fiscal
year 2011.--No adjustments shall be made under section
2303(c) of title 38, United States Code, as added by
subsection (c), for fiscal year 2011.
TITLE VI--OTHER MATTERS
SEC. 601. NATIONAL ACADEMIES REVIEW OF BEST TREATMENTS FOR
GULF WAR ILLNESS.
(a) In General.--The Secretary of Veterans Affairs shall
enter into a contract with the Institute of Medicine of the
National Academies to conduct a comprehensive review of the
best treatments for Gulf War Illness.
(b) Group of Medical Professionals.--In conducting the
study required under subsection (a), the Institute of
Medicine shall convene a group of medical professionals who
are experienced in treating individuals diagnosed with Gulf
War illness as follows:
(1) Members of the Armed Forces who served during the
Persian Gulf War in the Southwest Asia theater of operations.
(2) Members of the Armed Forces who served in the Post 9/11
Global Operations theaters.
(c) Reports.--The contract required by subsection (a) shall
require the Institute of Medicine to submit to the Secretary
and to the appropriate committees of Congress a report on the
review required under subsection (a) not later than December
31, 2011. The final report shall include such recommendations
for legislative or administrative action as the Institute
considers appropriate in light of the results of the review.
(d) Funding.--The Secretary shall provide the Institute of
Medicine with such funds as are necessary to ensure the
timely completion of the review required under subsection
(a).
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Veterans' Affairs of the House of
Representatives.
(2) Gulf war illness.--The term ``Gulf War Illness'' means
a medically unexplained chronic multisymptom illness, such as
chronic fatigue syndrome, fibromyalgia, and irritable bowel
syndrome, that is defined by a cluster of signs or symptoms
relating to service in the Persian Gulf War or Post 9/11
Global Operations theaters.
(3) Persian gulf war.--The term ``Persian Gulf War'' has
the meaning given that term in section 101(33) of title 38,
United States Code.
(4) Post 9/11 global operations theaters.--The term ``Post
9/11 Global Operations theaters'' means Afghanistan, Iraq, or
any other theater in which the Global War on Terrorism
Expeditionary Medal is awarded for service.
SEC. 602. EXTENSION OF NATIONAL ACADEMY OF SCIENCES REVIEWS
AND EVALUATIONS REGARDING ILLNESS AND SERVICE
IN PERSIAN GULF WAR.
(a) Review and Evaluation of Toxic Drugs and Illnesses
Associated With Persian Gulf War.--Section 1603(j) of the
Persian Gulf War Veterans Act of 1998 (38 U.S.C. 1117 note)
is amended by striking ``October 1, 2010'' and inserting
``October 1, 2015''.
(b) Review and Evaluation of Available Evidence Regarding
Illness and Service in Persian Gulf War.--
(1) In general.--Section 101(j) of the Veterans Programs
Enhancement Act of 1998 (Public Law 105-368; 112 Stat. 3321)
is amended by striking ``11 years after'' and all that
follows through ``under subsection (b)'' and inserting ``on
October 1, 2018''.
(2) Conforming amendment.--Section 1604 of the Persian Gulf
War Veterans Act of 1998 (Public Law 105-277; 38 U.S.C. 1117
note) is repealed.
SEC. 603. EXTENSION OF AUTHORITY FOR REGIONAL OFFICE IN
REPUBLIC OF THE PHILIPPINES.
Section 315(b) is amended by striking ``December 31, 2009''
and inserting ``December 31, 2011''.
SEC. 604. AGGREGATE AMOUNT OF EDUCATIONAL ASSISTANCE
AVAILABLE TO INDIVIDUALS WHO RECEIVE BOTH
SURVIVORS' AND DEPENDENTS EDUCATIONAL
ASSISTANCE AND OTHER VETERANS AND RELATED
EDUCATIONAL ASSISTANCE.
(a) Aggregate Amount Available.--Section 3695 is amended--
(1) in subsection (a)(4), by striking ``35,''; and
(2) by adding at the end the following new subsection:
``(c) The aggregate period for which any person may receive
assistance under chapter 35 of this title, on the one hand,
and any of the provisions of law referred to in subsection
(a), on the other hand, may not exceed 81 months (or the
part-time equivalent thereof).''.
(b) Applicability.--The amendment made by subsection (a)
shall take effect on October 1, 2010, and shall not operate
to revive any entitlement to assistance under chapter 35 of
title 38, United States Code, or the provisions of law
referred to in section 3695(a) of such title, as in effect on
the day before such date, that was terminated by reason of
the operation of section 3695(a) of such title, as so in
effect, before such date.
(c) Revival of Entitlement Reduced by Prior Utilization of
Chapter 35 Assistance.--
(1) In general.--Subject to paragraph (2), in the case of
an individual whose period of entitlement to assistance under
a provision of law referred to in section 3695(a) of title
38, United States Code (other than chapter 35 of such title),
as in effect on September 30, 2010, was reduced under such
section 3695(a), as so in effect, by reason of the
utilization of entitlement to assistance under chapter 35 of
such title before October 1, 2010, the period of entitlement
to assistance of such individual under such provision shall
be determined without regard to any entitlement so utilized
by the individual under chapter 35 of such title.
(2) Limitation.--The maximum period of entitlement to
assistance of an individual under paragraph (1) may not
exceed 81 months.
SEC. 605. TECHNICAL CORRECTION.
Section 5503(c) is amended by striking ``veterans' '' and
inserting ``veteran's''.
____________________Legislative Activity
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Senate amendment submitted
October 7, 2009
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Senate amendment submitted
October 7, 2009
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Senate amendment agreed to: Amendment SA 2654 agreed to in Senate by Unanimous Consent.
October 7, 2009
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Senate amendment proposed (on the floor): Amendment SA 2654 proposed by Senator Bennet for Senator Akaka.(consideration: CR S10251; text: CR S10251)
October 7, 2009
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Amendment SA 2654 proposed by Senator Bennet for Senator Akaka. (consideration: CR S10251; text: CR S10251) To improve the bill.
October 7, 2009
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Amendment SA 2654 agreed to in Senate by Unanimous Consent.
October 7, 2009