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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1037 Engrossed Amendment Senate (EAS)]

                  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:

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
                            ``(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 veteran to 
carry out the activities of daily living to such a degree that the 
veteran requires personal or mechanical assistance to leave home or 
bed, or requires constant supervision to avoid physical harm to self or 
others.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply 
with respect to awards of compensation based on original claims that 
become effective on or after that date.
    (c) Technical Correction Regarding Waiver of Retired Pay.--Section 
5305 is amended by striking ``section 1414'' and inserting ``sections 
1212(d)(2) and 1414''.

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

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

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

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

          TITLE III--READJUSTMENT AND RELATED BENEFIT MATTERS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    ``Each contract for the procurement of property or services that is 
entered into by the head of an executive agency shall include a notice 
to the contractor that the contractor may have obligations under 
chapter 43 of title 38, United States Code.''.
    (b) Armed Forces.--
            (1) In general.--Chapter 137 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 2334. Notice to contractors of potential obligations relating to 
              employment and reemployment of members of the armed 
              forces
    ``Each contract for the procurement of property or services that is 
entered into by the head of an executive agency shall include a notice 
to the contractor that the contractor may have obligations under 
chapter 43 of title 38.''.
            (2) Clerical amendment.--The table of sections for such 
        chapter is amended by adding at the end the following new item:

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

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

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

SEC. 406. TECHNICAL AMENDMENTS.

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

                  TITLE V--BURIAL AND MEMORIAL MATTERS

SEC. 501. 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''.

            Attest:

                                                             Secretary.
111th CONGRESS

  1st Session

                               H.R. 1037

_______________________________________________________________________

                               AMENDMENT
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