In the Senate of the United States, 

October 7, 2009. 

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: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet3 erans’ Benefits Enhancement Act of 2009’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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. 
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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. 
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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. 

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

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms of 

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to a section or 

6 other provision of title 38, United States Code. 

7 TITLE I—INSURANCE MATTERS 

8 SEC. 101. INCREASE IN AMOUNT OF SUPPLEMENTAL INSUR9 ANCE FOR TOTALLY DISABLED VETERANS. 

10 Section 1922A(a) is amended by striking ‘‘$20,000’’ 

11 and inserting ‘‘$30,000’’. 

12 SEC. 102. ADJUSTMENT OF COVERAGE OF DEPENDENTS 

13 UNDER SERVICEMEMBERS’ GROUP LIFE IN14 SURANCE. 

15 Clause (ii) of section 1968(a)(5)(B) is amended to read 

16 as follows: 

17 ‘‘(ii)(I) in the case of a member of the 

18 Ready Reserve of a uniformed service who 
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1 meets the qualifications set forth in sub2 paragraph (B) or (C) of section 1965(5) of 

3 this title, 120 days after separation or re4 lease from such assignment; or 

5 ‘‘(II) in the case of any other member 

6 of the uniformed services, 120 days after the 

7 date of the member’s separation or release 

8 from the uniformed services; or’’. 

9 SEC. 103. EXPANSION OF INDIVIDUALS QUALIFYING FOR 

10 RETROACTIVE BENEFITS FROM TRAUMATIC 

11 INJURY PROTECTION COVERAGE UNDER 

12 SERVICEMEMBERS’ GROUP LIFE INSURANCE. 

13 (a) IN GENERAL.—Paragraph (1) of section 501(b) of 

14 the Veterans’ Housing Opportunity and Benefits Improve15 ment Act of 2006 (Public Law 109–233; 120 Stat. 414; 38 

16 U.S.C. 1980A note) is amended by striking ‘‘, if, as deter17 mined by the Secretary concerned, that loss was a direct 

18 result of a traumatic injury incurred in the theater of oper19 ations for Operation Enduring Freedom or Operation Iraqi 

20 Freedom’’. 

21 (b) CONFORMING AMENDMENT.—The heading of such 

22 section is amended by striking ‘‘IN OPERATION ENDURING

23 FREEDOM AND OPERATION IRAQI FREEDOM’’. 

24 (c) EFFECTIVE DATE.—The amendments made by this 

25 section shall take effect on October 1, 2010. 
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1 SEC. 104. CONSIDERATION OF LOSS OF DOMINANT HAND IN 

2 PRESCRIPTION OF SCHEDULE OF SEVERITY 

3 OF TRAUMATIC INJURY UNDER 

4 SERVICEMEMBERS’ GROUP LIFE INSURANCE. 

5 (a) IN GENERAL.—Section 1980A(d) is amended— 

6 (1) by striking ‘‘Payments under’’ and inserting 

7 ‘‘(1) Payments under’’; and 

8 (2) by adding at the end the following new para9 graph: 

10 ‘‘(2) As the Secretary considers appropriate, the sched11 ule required by paragraph (1) may distinguish in speci12 fying payments for qualifying losses between the severity 

13 of a qualifying loss of a dominant hand and a qualifying 

14 loss of a nondominant hand.’’. 

15 (b) PAYMENTS FOR QUALIFYING LOSSES INCURRED

16 BEFORE DATE OF ENACTMENT.— 

17 (1) IN GENERAL.—The Secretary of Veterans Af18 fairs shall prescribe in regulations mechanisms for 

19 payments under section 1980A of title 38, United 

20 States Code, for qualifying losses incurred before the 

21 date of the enactment of this Act by reason of the re22 quirements of paragraph (2) of subsection (d) of such 

23 section (as added by subsection (a)(2) of this section). 

24 (2) QUALIFYING LOSS DEFINED.—In this sub25 section, the term ‘‘qualifying loss’’ means— 
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1 (A) a loss specified in the second sentence of 

2 subsection (b)(1) of section 1980A of title 38, 

3 United States Code; and 

4 (B) any other loss specified by the Secretary 

5 of Veterans Affairs pursuant to the first sentence 

6 of that subsection. 

7 SEC. 105. ENHANCEMENT OF VETERANS’ MORTGAGE LIFE 

8 INSURANCE. 

9 (a) IN GENERAL.—Section 2106(b) is amended by 

10 striking ‘‘$90,000’’ and inserting ‘‘$150,000, or $200,000 

11 after January 1, 2012,’’. 

12 (b) EFFECTIVE DATE.—The amendment made by sub13 section (a) shall take effect on October 1, 2010. 

14 TITLE II—COMPENSATION AND 

15 PENSION MATTERS 

16 SEC. 201. COST-OF-LIVING INCREASE FOR TEMPORARY DE17 PENDENCY AND INDEMNITY COMPENSATION 

18 PAYABLE FOR SURVIVING SPOUSES WITH DE19 PENDENT CHILDREN UNDER THE AGE OF 18. 

20 Section 1311(f) is amended— 

21 (1) in paragraph (1), by inserting ‘‘(as increased 

22 from time to time under paragraph (4))’’ after 

23 ‘‘$250’’; 

24 (2) by redesignating paragraph (4) as para25 graph (5); and 
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1 (3) by inserting after paragraph (3) the fol2 lowing new paragraph (4): 

3 ‘‘(4) Whenever there is an increase in benefit amounts 

4 payable under title II of the Social Security Act (42 U.S.C. 

5 401 et seq.) as a result of a determination made under sec6 tion 215(i) of such Act (42 U.S.C. 415(i)), the Secretary 

7 shall, effective on the date of such increase in benefit 

8 amounts, increase the amount payable under paragraph 

9 (1), as such amount was in effect immediately prior to the 

10 date of such increase in benefit amounts, by the same per11 centage as the percentage by which such benefit amounts 

12 are increased. Any increase in a dollar amount under this 

13 paragraph shall be rounded down to the next lower whole 

14 dollar amount.’’. 

15 SEC. 202. ELIGIBILITY OF VETERANS 65 YEARS OF AGE OR 

16 OLDER FOR SERVICE PENSION FOR A PERIOD 

17 OF WAR. 

18 (a) IN GENERAL.—Section 1513 is amended— 

19 (1) in subsection (a), by striking ‘‘by section 

20 1521’’ and all that follows and inserting ‘‘by sub21 section (b), (c), (f)(1), (f)(5), or (g) of that section, as 

22 the case may be and as increased from time to time 

23 under section 5312 of this title.’’; 

24 (2) by redesignating subsection (b) as subsection 

25 (c); and 
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1 (3) by inserting after subsection (a) the following 

2 new subsection (b): 

3 ‘‘(b) The conditions in subsections (h) and (i) of sec4 tion 1521 of this title shall apply to determinations of in5 come and maximum payments of pension for purposes of 

6 this section.’’. 

7 (b) APPLICABILITY.—The amendments made by this 

8 section shall apply with respect to any claim for pension 

9 filed on or after the date of the enactment of this Act. 

10 SEC. 203. CLARIFICATION OF ADDITIONAL REQUIREMENTS 

11 FOR CONSIDERATION TO BE AFFORDED TIME, 

12 PLACE, AND CIRCUMSTANCES OF SERVICE IN 

13 DETERMINATIONS REGARDING SERVICE-CON14 NECTED DISABILITIES. 

15 (a) IN GENERAL.—Subsection (a) of section 1154 is 

16 amended to read as follows: 

17 ‘‘(a) The Secretary shall include in the regulations per18 taining to service-connection of disabilities the following: 

19 ‘‘(1) Provisions requiring that, in each case 

20 where a veteran is seeking service-connection for any 

21 disability, due consideration shall be given to the 

22 places, types, and circumstances of such veteran’s 

23 service as shown by— 

24 ‘‘(A) such veteran’s service record; 
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1 ‘‘(B) the official history of each organiza2 tion in which such veteran served; 

3 ‘‘(C) such veteran’s medical records; and 

4 ‘‘(D) all pertinent medical and lay evi5 dence. 

6 ‘‘(2) Provisions generally recognizing cir7 cumstances in which lay evidence consistent with the 

8 place, conditions, dangers, or hardships associated 

9 with particular military service does not require con10 firmatory official documentary evidence in order to 

11 establish the occurrence of an event or exposure dur12 ing active military, naval, or air service. 

13 ‘‘(3) The provisions required by section 5 of the 

14 Veterans’ Dioxin and Radiation Exposure Compensa15 tion Standards Act (Public Law 98–542; 98 Stat. 

16 2727).’’. 

17 (b) REGULATIONS.— 

18 (1) IN GENERAL.—Not later than 210 days after 

19 the date of the enactment of this Act, the Secretary of 

20 Veterans Affairs shall promulgate regulations to im21 plement section 1154(a)(2) of title 38, United States 

22 Code, as added by subsection (a). 

23 (2) INTERIM REGULATIONS.—In the case that the 

24 Secretary is unable to promulgate final regulations 

25 under paragraph (1) on or before the date that is 210 
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1 days after the date of the enactment of this Act, the 

2 Secretary shall promulgate interim regulations on or 

3 before such date to be in effect until such time as the 

4 Secretary promulgates final regulations. 

5 SEC. 204. EXTENSION OF REDUCED PENSION FOR CERTAIN 

6 VETERANS COVERED BY MEDICAID PLANS 

7 FOR SERVICES FURNISHED BY NURSING FA8 CILITIES. 

9 Section 5503(d)(7) is amended by striking ‘‘September 

10 30, 2011’’ and inserting ‘‘April 30, 2016’’. 

11 SEC. 205. ENHANCEMENT OF DISABILITY COMPENSATION 

12 FOR CERTAIN DISABLED VETERANS WITH 

13 DIFFICULTIES USING PROSTHESES AND DIS14 ABLED VETERANS IN NEED OF REGULAR AID 

15 AND ATTENDANCE FOR RESIDUALS OF TRAU16 MATIC BRAIN INJURY. 

17 (a) VETERANS SUFFERING ANATOMICAL LOSS OF

18 HANDS, ARMS, OR LEGS.—Section 1114 is amended— 

19 (1) in subsection (m)— 

20 (A) by striking ‘‘at a level, or with com21 plications,’’ and inserting ‘‘with factors’’; and 

22 (B) by striking ‘‘at levels, or with complica23 tions,’’ and inserting ‘‘with factors’’; 

24 (2) in subsection (n)— 
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1 (A) by striking ‘‘at levels, or with complica2 tions,’’ and inserting ‘‘with factors’’; 

3 (B) by striking ‘‘so near the hip as to’’ and 

4 inserting ‘‘with factors that’’; and 

5 (C) by striking ‘‘so near the shoulder and 

6 hip as to’’ and inserting ‘‘with factors that’’; and 

7 (3) in subsection (o), by striking ‘‘so near the 

8 shoulder as to’’ and inserting ‘‘with factors that’’. 

9 (b) VETERANS WITH SERVICE-CONNECTED DISABIL10 ITIES IN NEED OF REGULAR AID AND ATTENDANCE FOR

11 RESIDUALS OF TRAUMATIC BRAIN INJURY.— 

12 (1) IN GENERAL.—Such section is further 

13 amended— 

14 (A) in subsection (p), by striking the semi15 colon at the end and inserting a period; and 

16 (B) by adding at the end the following new 

17 subsection: 

18 ‘‘(t) Subject to section 5503(c) of this title, if any vet19 eran, as the result of service-connected disability, is in need 

20 of regular aid and attendance for the residuals of traumatic 

21 brain injury, is not eligible for compensation under sub22 section (r)(2), and in the absence of such regular aid and 

23 attendance would require hospitalization, nursing home 

24 care, or other residential institutional care, the veteran 

25 shall be paid, in addition to any other compensation under 
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1 this section, a monthly aid and attendance allowance equal 

2 to the rate described in subsection (r)(2), which for purposes 

3 of section 1134 of this title shall be considered as additional 

4 compensation payable for disability. An allowance author5 ized under this subsection shall be paid in lieu of any allow6 ance authorized by subsection (r)(1).’’. 

7 (2) CONFORMING AMENDMENT.—Section 5503(c) 

8 is amended by striking ‘‘in section 1114(r)’’ and in9 serting ‘‘in subsection (r) or (t) of section 1114’’. 

10 (c) EFFECTIVE DATE.—The amendments made by this 

11 section shall take effect on August 31, 2010. 

12 SEC. 206. COMMENCEMENT OF PERIOD OF PAYMENT OF 

13 ORIGINAL AWARDS OF COMPENSATION FOR 

14 VETERANS RETIRED OR SEPARATED FROM 

15 THE UNIFORMED SERVICES FOR CATA16 STROPHIC DISABILITY. 

17 (a) COMMENCEMENT OF PERIOD OF PAYMENT.—Sub18 section (a) of section 5111 is amended— 

19 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

20 (2) in paragraph (1), as designated by para21 graph (1) of this subsection, by striking ‘‘in sub22 section (c) of this section’’ and inserting ‘‘in para23 graph (2) of this subsection and subsection (c)’’; and 

24 (3) by adding at the end the following new para25 graph: 
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1 ‘‘(2)(A) In the case of a veteran who is retired or sepa2 rated from the active military, naval, or air service for a 

3 catastrophic disability or disabilities, payment of monetary 

4 benefits based on an award of compensation based on an 

5 original claim shall be made as of the date on which such 

6 award becomes effective as provided under section 5110 of 

7 this title or another applicable provision of law. 

8 ‘‘(B) In this paragraph, the term ‘catastrophic dis9 ability’, with respect to a veteran, means a permanent, se10 verely disabling injury, disorder, or disease that com11 promises the ability of the veteran to carry out the activities 

12 of daily living to such a degree that the veteran requires 

13 personal or mechanical assistance to leave home or bed, or 

14 requires constant supervision to avoid physical harm to self 

15 or others.’’. 

16 (b) EFFECTIVE DATE.—The amendments made by sub17 section (a) shall take effect on the date of the enactment 

18 of this Act and shall apply with respect to awards of com19 pensation based on original claims that become effective on 

20 or after that date. 

21 (c) TECHNICAL CORRECTION REGARDING WAIVER OF

22 RETIRED PAY.—Section 5305 is amended by striking ‘‘sec23 tion 1414’’ and inserting ‘‘sections 1212(d)(2) and 1414’’. 
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1 SEC. 207. APPLICABILITY OF LIMITATION TO PENSION PAY2 ABLE TO CERTAIN CHILDREN OF VETERANS 

3 OF A PERIOD OF WAR. 

4 Section 5503(d)(5) is amended— 

5 (1) by inserting ‘‘(A)’’ after ‘‘(5)’’; and 

6 (2) by adding at the end the following new sub7 paragraph: 

8 ‘‘(B) The provisions of this subsection shall 

9 apply with respect to a child entitled to pension 

10 under section 1542 of this title in the same man11 ner as they apply to a veteran having neither 

12 spouse nor child.’’. 

13 SEC. 208. PAYMENT OF DEPENDENCY AND INDEMNITY COM14 PENSATION TO SURVIVORS OF FORMER PRIS15 ONERS OF WAR WHO DIED ON OR BEFORE 

16 SEPTEMBER 30, 1999. 

17 Section 1318(b)(3) is amended by striking ‘‘who died 

18 after September 30, 1999,’’. 

19 TITLE III—READJUSTMENT AND 

20 RELATED BENEFIT MATTERS 

21 SEC. 301. REPEAL OF LIMITATION ON NUMBER OF VET22 ERANS ENROLLED IN PROGRAMS OF INDE23 PENDENT LIVING SERVICES AND ASSIST24 ANCE. 

25 (a) IN GENERAL.—Section 3120 is amended— 

26 (1) by striking subsection (e); and 
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1 (2) by redesignating subsection (f) as subsection 

2 (e). 

3 (b) CONFORMING AMENDMENT.—Subsection (a) of 

4 such section is amended by striking ‘‘described in subsection 

5 (f)’’ and inserting ‘‘described in subsection (e)’’. 

6 SEC. 302. ELIGIBILITY OF DISABLED VETERANS AND MEM7 BERS OF THE ARMED FORCES WITH SEVERE 

8 BURN INJURIES FOR AUTOMOBILES AND 

9 ADAPTIVE EQUIPMENT. 

10 (a) ELIGIBILITY.—Paragraph (1) of section 3901 is 

11 amended— 

12 (1) in subparagraph (A)— 

13 (A) in the matter preceding clause (i), by 

14 striking ‘‘in subclause (i), (ii), or (iii) below’’ 

15 and inserting ‘‘in clause (i), (ii), (iii), or (iv) of 

16 this subparagraph’’; and 

17 (B) by adding at the end the following new 

18 clause: 

19 ‘‘(iv) A severe burn injury (as determined 

20 pursuant to regulations prescribed by the Sec21 retary).’’; and 

22 (2) in subparagraph (B), by striking ‘‘subclause 

23 (i), (ii), or (iii) of clause (A) of this paragraph’’ and 

24 inserting ‘‘clause (i), (ii), (iii), or (iv) of subpara25 graph (A)’’. 
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1 (b) STYLISTIC AMENDMENTS.—Such section is further 

2 amended— 

3 (1) in the matter preceding paragraph (1), by 

4 striking ‘‘chapter—’’ and inserting ‘‘chapter:’’; 

5 (2) in paragraph (1)— 

6 (A) in the matter preceding subparagraph 

7 (A), by striking ‘‘means—’’ and inserting 

8 ‘‘means the following:’’; 

9 (B) in subparagraph (A)— 

10 (i) in the matter preceding clause (i), 

11 by striking ‘‘any veteran’’ and inserting 

12 ‘‘Any veteran’’; 

13 (ii) in clauses (i) and (ii), by striking 

14 the semicolon at the end and inserting a pe15 riod; and 

16 (iii) in clause (iii), by striking ‘‘; or’’ 

17 and inserting a period; and 

18 (C) in subparagraph (B), by striking ‘‘any 

19 member’’ and inserting ‘‘Any member’’. 

20 (c) EFFECTIVE DATE.—The amendments made by this 

21 section shall take effect on October 1, 2010. 

22 SEC. 303. ENHANCEMENT OF AUTOMOBILE ASSISTANCE AL23 LOWANCE FOR VETERANS. 

24 (a) INCREASE IN AMOUNT OF ALLOWANCE.—Sub25 section (a) of section 3902 is amended by striking 
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1 ‘‘$11,000’’ and inserting ‘‘$22,500 (as adjusted from time 

2 to time under subsection (e))’’. 

3 (b) ANNUAL ADJUSTMENT.—Such section is further 

4 amended by adding at the end the following new subsection: 

5 ‘‘(e)(1) Effective on October 1 of each year (beginning 

6 in 2011), the Secretary shall increase the dollar amount in 

7 effect under subsection (a) to an amount equal to 80 percent 

8 of the average retail cost of new automobiles for the pre9 ceding calendar year. 

10 ‘‘(2) The Secretary shall establish the method for deter11 mining the average retail cost of new automobiles for pur12 poses of this subsection. The Secretary may use data devel13 oped in the private sector if the Secretary determines the 

14 data is appropriate for purposes of this subsection.’’. 

15 (c) EFFECTIVE DATE.—The amendments made by this 

16 section shall take effect on October 1, 2010. 

17 SEC. 304. PAYMENT OF UNPAID BALANCES OF DEPARTMENT 

18 OF VETERANS AFFAIRS GUARANTEED LOANS. 

19 Section 3732(a)(2) is amended— 

20 (1) by striking ‘‘Before suit’’ and inserting ‘‘(A) 

21 Before suit’’; and 

22 (2) by adding at the end the following new sub23 paragraph: 

24 ‘‘(B) In the event that a housing loan guaranteed 

25 under this chapter is modified under the authority provided 
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1 under section 1322(b) of title 11, the Secretary may pay 

2 the holder of the obligation the unpaid balance of the obliga3 tion due as of the date of the filing of the petition under 

4 title 11 plus accrued interest, but only upon the assignment, 

5 transfer, and delivery to the Secretary (in a form and man6 ner satisfactory to the Secretary) of all rights, interest, 

7 claims, evidence, and records with respect to the housing 

8 loan.’’. 

9 TITLE IV—EMPLOYMENT AND 

10 REEMPLOYMENT RIGHTS OF 

11 MEMBERS OF THE UNI12 FORMED SERVICES 

13 SEC. 401. WAIVER OF SOVEREIGN IMMUNITY UNDER THE 

14 11TH AMENDMENT WITH RESPECT TO EN15 FORCEMENT OF USERRA. 

16 (a) IN GENERAL.—Section 4323 is amended— 

17 (1) in subsection (b) by striking paragraph (2) 

18 and inserting the following new paragraph: 

19 ‘‘(2) In the case of an action against a State (as an 

20 employer) by a person, the action may be brought in the 

21 appropriate district court of the United States or State 

22 court of competent jurisdiction.’’; 

23 (2) by redesignating subsection (i) as subsection 

24 (j); and 
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1 (3) by inserting after subsection (h) the following 

2 new subsection (i): 

3 ‘‘(i) WAIVER OF STATE SOVEREIGN IMMUNITY.—(1) A 

4 State’s receipt or use of Federal financial assistance for any 

5 program or activity of a State shall constitute a waiver 

6 of sovereign immunity, under the 11th amendment to the 

7 Constitution or otherwise, to a suit brought by— 

8 ‘‘(A) a person who is or was an employee in that 

9 program or activity for the rights or benefits author10 ized the person by this chapter; 

11 ‘‘(B) a person applying to be such an employee 

12 in that program or activity for the rights or benefits 

13 authorized the person by this chapter; or 

14 ‘‘(C) a person seeking reemployment as an em15 ployee in that program or activity for the rights or 

16 benefits authorized the person by this chapter. 

17 ‘‘(2) In this subsection, the term ‘program or activity’ 

18 has the meaning given that term in section 309 of the Age 

19 Discrimination Act of 1975 (42 U.S.C. 6107).’’. 

20 (b) APPLICATION.—The amendments made by sub21 section (a) shall apply to— 

22 (1) any failure to comply with a provision of or 

23 any violation of chapter 43 of title 38, United States 

24 Code, that occurs before, on, or after the date of the 

25 enactment of this Act; and 
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1 (2) all actions or complaints filed under such 

2 chapter 43 that are commenced after the date of the 

3 enactment of this Act. 

4 SEC. 402. CLARIFYING THE DEFINITION OF ‘‘SUCCESSOR IN 

5 INTEREST’’. 

6 (a) IN GENERAL.—Section 4303(4) is amended by 

7 adding at the end the following new subparagraph: 

8 ‘‘(D)(i) Whether the term ‘successor in interest’ 

9 applies with respect to an entity described in sub10 paragraph (A) for purposes of clause (iv) of such sub11 paragraph shall be determined on a case-by-case basis 

12 using a multi-factor test that considers the following 

13 factors: 

14 ‘‘(I) Substantial continuity of business op15 erations. 

16 ‘‘(II) Use of the same or similar facilities. 

17 ‘‘(III) Continuity of work force. 

18 ‘‘(IV) Similarity of jobs and working condi19 tions. 

20 ‘‘(V) Similarity of supervisory personnel. 

21 ‘‘(VI) Similarity of machinery, equipment, 

22 and production methods. 

23 ‘‘(VII) Similarity of products or services. 

24 ‘‘(ii) The entity’s lack of notice or awareness of 

25 a potential or pending claim under this chapter at 
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1 the time of a merger, acquisition, or other form of 

2 succession shall not be considered when applying the 

3 multi-factor test under clause (i).’’. 

4 (b) APPLICATION.—The amendment made by sub5 section (a) shall apply to— 

6 (1) any failure to comply with a provision of or 

7 any violation of chapter 43 of title 38, United States 

8 Code, that occurs before, on, or after the date of the 

9 enactment of this Act; and 

10 (2) all actions or complaints filed under such 

11 chapter 43 that are pending on or after the date of 

12 the enactment of this Act. 

13 SEC. 403. CLARIFYING THAT USERRA PROHIBITS WAGE DIS14 CRIMINATION AGAINST MEMBERS OF THE 

15 ARMED FORCES. 

16 (a) IN GENERAL.—Section 4303(2) is amended by 

17 striking ‘‘other than’’ and inserting ‘‘including’’. 

18 (b) APPLICATION.—The amendment made by sub19 section (a) shall apply to— 

20 (1) any failure to comply with a provision of or 

21 any violation of chapter 43 of title 38, United States 

22 Code, that occurs before, on, or after the date of the 

23 enactment of this Act; and 
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1 (2) all actions or complaints filed under such 

2 chapter 43 that are pending on or after the date of 

3 the enactment of this Act. 

4 SEC. 404. REQUIREMENT THAT FEDERAL AGENCIES PRO5 VIDE NOTICE TO CONTRACTORS OF POTEN6 TIAL USERRA OBLIGATIONS. 

7 (a) CIVILIAN AGENCIES.—The Federal Property and 

8 Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) 

9 is amended by adding at the end the following new section: 

10 ‘‘SEC. 318. NOTICE TO CONTRACTORS OF POTENTIAL OBLI11 GATIONS RELATING TO EMPLOYMENT AND 

12 REEMPLOYMENT OF MEMBERS OF THE 

13 ARMED FORCES. 

14 ‘‘Each contract for the procurement of property or 

15 services that is entered into by the head of an executive 

16 agency shall include a notice to the contractor that the con17 tractor may have obligations under chapter 43 of title 38, 

18 United States Code.’’. 

19 (b) ARMED FORCES.— 

20 (1) IN GENERAL.—Chapter 137 of title 10, 

21 United States Code, is amended by adding at the end 

22 the following new section: 
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1 ‘‘§ 2334. Notice to contractors of potential obligations 

2 relating to employment and reemployment 

3 of members of the armed forces 

4 ‘‘Each contract for the procurement of property or 

5 services that is entered into by the head of an executive 

6 agency shall include a notice to the contractor that the con7 tractor may have obligations under chapter 43 of title 38.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions for such chapter is amended by adding at the 

10 end the following new item: 

‘‘2334. Notice to contractors of potential obligations relating to employment and 

reemployment of members of the armed forces.’’. 

11 SEC. 405. COMPTROLLER GENERAL OF THE UNITED STATES 

12 STUDY ON EFFECTIVENESS OF FEDERAL PRO13 GRAMS OF EDUCATION AND OUTREACH ON 

14 EMPLOYER OBLIGATIONS UNDER USERRA. 

15 (a) STUDY REQUIRED.—The Comptroller General of 

16 the United States shall conduct a study on the effectiveness 

17 of Federal programs of education and outreach on employer 

18 obligations under chapter 43 of title 38, United States Code. 

19 (b) CONTENTS OF STUDY.—In carrying out the study 

20 required by subsection (a), the Comptroller General shall— 

21 (1) assess current practices and procedures of 

22 Federal agencies for educating employers about their 

23 obligations under chapter 43 of title 38, United States 

24 Code; 
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1 (2) identify best practices for bringing the em2 ployment practices of small businesses into compli3 ance with such chapter; 

4 (3) determine whether the Employer Support for 

5 the Guard and Reserve, the Small Business Adminis6 tration, or other agencies could collaborate to develop 

7 a program to educate employers regarding their obli8 gations under such chapter; and 

9 (4) determine the effect on recruitment and re10 tention in the National Guard and Reserves of the 

11 failure of employers to meet their reemployment obli12 gations under such chapter. 

13 (c) REPORT TO CONGRESS.—Not later than June 30, 

14 2010, the Comptroller General shall submit to Congress a 

15 report on the study conducted under subsection (a), includ16 ing the following: 

17 (1) The findings of the Comptroller General with 

18 respect to such study. 

19 (2) The recommendations of the Comptroller 

20 General for the improvement of education and out21 reach for employers with respect to their obligations 

22 under chapter 43 of title 38, United States Code. 

23 SEC. 406. TECHNICAL AMENDMENTS. 

24 (a) AMENDMENT TO CONGRESSIONAL ACCOUNTABILITY

25 ACT OF 1995.—Section 206(b) of the Congressional Ac-
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1 countability Act of 1995 (2 U.S.C. 1316(b)) is amended by 

2 striking ‘‘under paragraphs (1), (2)(A), and (3) of section 

3 4323(c) of title 38, United States Code’’ and inserting 

4 ‘‘under section 4323(d) of title 38, United States Code’’. 

5 (b) AMENDMENT TO SECTION 416 OF TITLE 3, UNITED

6 STATES CODE.—Section 416(b) of title 3, United States 

7 Code, is amended by striking ‘‘under paragraphs (1) and 

8 (2)(A) of section 4323(c) of title 38’’ and inserting ‘‘under 

9 section 4323(d) of title 38’’. 

10 (c) AMENDMENT TO SECTION 4324 OF TITLE 38, 

11 UNITED STATES CODE.—Section 4324(b)(4) of title 38, 

12 United States Code, is amended by inserting before the pe13 riod the following: ‘‘declining to initiate an action and rep14 resent the person before the Merit Systems Protection 

15 Board’’. 

16 TITLE V—BURIAL AND 

17 MEMORIAL MATTERS 

18 SEC. 501. INCREASE IN CERTAIN BURIAL AND FUNERAL 

19 BENEFITS AND PLOT ALLOWANCES FOR VET20 ERANS. 

21 (a) INCREASE IN BURIAL AND FUNERAL EXPENSES

22 FOR DEATHS IN DEPARTMENT FACILITIES.—Section 

23 2303(a)(1)(A) is amended by striking ‘‘$300’’ and inserting 

24 ‘‘$745 (as increased from time to time under subsection 

25 (c))’’. 
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1 (b) INCREASE IN AMOUNT OF PLOT ALLOWANCES.— 

2 Section 2303(b) is amended by striking ‘‘$300’’ each place 

3 it appears and inserting ‘‘$745 (as increased from time to 

4 time under subsection (c))’’. 

5 (c) ANNUAL ADJUSTMENT.—Section 2303 is amended 

6 by adding at the end the following new subsection: 

7 ‘‘(c) With respect to any fiscal year, the Secretary shall 

8 provide a percentage increase (rounded to the nearest dol9 lar) in the burial and funeral expenses under subsection (a) 

10 and in the plot allowance under subsection (b), equal to 

11 the percentage by which— 

12 ‘‘(1) the Consumer Price Index (all items, United 

13 States city average) for the 12-month period ending 

14 on the June 30 preceding the beginning of the fiscal 

15 year for which the increase is made, exceeds 

16 ‘‘(2) the Consumer Price Index for the 12-month 

17 period preceding the 12-month period described in 

18 paragraph (1).’’. 

19 (d) EFFECTIVE DATE.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), the amendments made by this section shall 

22 apply with respect to deaths occurring on or after Oc23 tober 1, 2010. 

24 (2) PROHIBITION ON COST-OF-LIVING ADJUST25 MENT FOR FISCAL YEAR 2011.—No adjustments shall 
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1 be made under section 2303(c) of title 38, United 

2 States Code, as added by subsection (c), for fiscal year 

3 2011. 

4 TITLE VI—OTHER MATTERS 

5 SEC. 601. NATIONAL ACADEMIES REVIEW OF BEST TREAT6 MENTS FOR GULF WAR ILLNESS. 

7 (a) IN GENERAL.—The Secretary of Veterans Affairs 

8 shall enter into a contract with the Institute of Medicine 

9 of the National Academies to conduct a comprehensive re10 view of the best treatments for Gulf War Illness. 

11 (b) GROUP OF MEDICAL PROFESSIONALS.—In con12 ducting the study required under subsection (a), the Insti13 tute of Medicine shall convene a group of medical profes14 sionals who are experienced in treating individuals diag15 nosed with Gulf War illness as follows: 

16 (1) Members of the Armed Forces who served 

17 during the Persian Gulf War in the Southwest Asia 

18 theater of operations. 

19 (2) Members of the Armed Forces who served in 

20 the Post 9/11 Global Operations theaters. 

21 (c) REPORTS.—The contract required by subsection (a) 

22 shall require the Institute of Medicine to submit to the Sec23 retary and to the appropriate committees of Congress a re24 port on the review required under subsection (a) not later 

25 than December 31, 2011. The final report shall include such 
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1 recommendations for legislative or administrative action as 

2 the Institute considers appropriate in light of the results 

3 of the review. 

4 (d) FUNDING.—The Secretary shall provide the Insti5 tute of Medicine with such funds as are necessary to ensure 

6 the timely completion of the review required under sub7 section (a). 

8 (e) DEFINITIONS.—In this section: 

9 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

10 The term ‘‘appropriate committees of Congress’’ 

11 means— 

12 (A) the Committee on Veterans’ Affairs of 

13 the Senate; and 

14 (B) the Committee on Veterans’ Affairs of 

15 the House of Representatives. 

16 (2) GULF WAR ILLNESS.—The term ‘‘Gulf War 

17 Illness’’ means a medically unexplained chronic 

18 multisymptom illness, such as chronic fatigue syn19 drome, fibromyalgia, and irritable bowel syndrome, 

20 that is defined by a cluster of signs or symptoms re21 lating to service in the Persian Gulf War or Post 9/ 

22 11 Global Operations theaters. 

23 (3) PERSIAN GULF WAR.—The term ‘‘Persian 

24 Gulf War’’ has the meaning given that term in sec25 tion 101(33) of title 38, United States Code. 
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1 (4) POST 9/11 GLOBAL OPERATIONS THEATERS.— 

2 The term ‘‘Post 9/11 Global Operations theaters’’ 

3 means Afghanistan, Iraq, or any other theater in 

4 which the Global War on Terrorism Expeditionary 

5 Medal is awarded for service. 

6 SEC. 602. EXTENSION OF NATIONAL ACADEMY OF SCIENCES 

7 REVIEWS AND EVALUATIONS REGARDING ILL8 NESS AND SERVICE IN PERSIAN GULF WAR. 

9 (a) REVIEW AND EVALUATION OF TOXIC DRUGS AND

10 ILLNESSES ASSOCIATED WITH PERSIAN GULF WAR.—Sec11 tion 1603(j) of the Persian Gulf War Veterans Act of 1998 

12 (38 U.S.C. 1117 note) is amended by striking ‘‘October 1, 

13 2010’’ and inserting ‘‘October 1, 2015’’. 

14 (b) REVIEW AND EVALUATION OF AVAILABLE EVI15 DENCE REGARDING ILLNESS AND SERVICE IN PERSIAN

16 GULF WAR.— 

17 (1) IN GENERAL.—Section 101(j) of the Veterans 

18 Programs Enhancement Act of 1998 (Public Law 

19 105–368; 112 Stat. 3321) is amended by striking ‘‘11 

20 years after’’ and all that follows through ‘‘under sub21 section (b)’’ and inserting ‘‘on October 1, 2018’’. 

22 (2) CONFORMING AMENDMENT.—Section 1604 of 

23 the Persian Gulf War Veterans Act of 1998 (Public 

24 Law 105–277; 38 U.S.C. 1117 note) is repealed. 
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1 SEC. 603. EXTENSION OF AUTHORITY FOR REGIONAL OF2 FICE IN REPUBLIC OF THE PHILIPPINES. 

3 Section 315(b) is amended by striking ‘‘December 31, 

4 2009’’ and inserting ‘‘December 31, 2011’’. 

5 SEC. 604. AGGREGATE AMOUNT OF EDUCATIONAL ASSIST6 ANCE AVAILABLE TO INDIVIDUALS WHO RE7 CEIVE BOTH SURVIVORS’ AND DEPENDENTS 

8 EDUCATIONAL ASSISTANCE AND OTHER VET9 ERANS AND RELATED EDUCATIONAL ASSIST10 ANCE. 

11 (a) AGGREGATE AMOUNT AVAILABLE.—Section 3695 

12 is amended— 

13 (1) in subsection (a)(4), by striking ‘‘35,’’; and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(c) The aggregate period for which any person may 

17 receive assistance under chapter 35 of this title, on the one 

18 hand, and any of the provisions of law referred to in sub19 section (a), on the other hand, may not exceed 81 months 

20 (or the part-time equivalent thereof).’’. 

21 (b) APPLICABILITY.—The amendment made by sub22 section (a) shall take effect on October 1, 2010, and shall 

23 not operate to revive any entitlement to assistance under 

24 chapter 35 of title 38, United States Code, or the provisions 

25 of law referred to in section 3695(a) of such title, as in 

26 effect on the day before such date, that was terminated by 
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1 reason of the operation of section 3695(a) of such title, as 

2 so in effect, before such date. 

3 (c) REVIVAL OF ENTITLEMENT REDUCED BY PRIOR

4 UTILIZATION OF CHAPTER 35 ASSISTANCE.— 

5 (1) IN GENERAL.—Subject to paragraph (2), in 

6 the case of an individual whose period of entitlement 

7 to assistance under a provision of law referred to in 

8 section 3695(a) of title 38, United States Code (other 

9 than chapter 35 of such title), as in effect on Sep10 tember 30, 2010, was reduced under such section 

11 3695(a), as so in effect, by reason of the utilization 

12 of entitlement to assistance under chapter 35 of such 

13 title before October 1, 2010, the period of entitlement 

14 to assistance of such individual under such provision 

15 shall be determined without regard to any entitlement 

16 so utilized by the individual under chapter 35 of such 

17 title. 

18 (2) LIMITATION.—The maximum period of enti19 tlement to assistance of an individual under para20 graph (1) may not exceed 81 months. 
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1 SEC. 605. TECHNICAL CORRECTION. 

2 Section 5503(c) is amended by striking ‘‘veterans’ ’’ 

3 and inserting ‘‘veteran’s’’. 

Attest: 

Secretary. 

111TH CONGRESS 

1ST SESSION H.R. 1037 

AMENDMENT