IIB 

111TH CONGRESS 

1ST SESSION H. R. 3949 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 4, 2009 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

To amend title 38, United States Code, and the Servicemember Civil Relief Act, to make certain improvements in 

the laws relating to benefits administered by the Secretary of Veterans Affairs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Veterans’ Small Business Assistance and 

4 Servicemembers Protection Act of 2009’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References to title 38, United States Code. 

TITLE I—SMALL BUSINESS AND EDUCATION MATTERS 

Sec. 101. Clarification of responsibility of Secretary of Veterans Affairs to 

verify small business ownership. 

Sec. 102. Reauthorization of Veterans’ Advisory Committee on Education. 

TITLE II—SERVICEMEMBERS CIVIL RELIEF ACT MATTERS 

Sec. 201. Termination of service contracts. 

Sec. 202. Residential and motor vehicle leases. 

Sec. 203. Enforcement by the Attorney General and by private right of action. 

TITLE III—OTHER BENEFITS MATTERS 

Sec. 301. Improvement of outreach activities within Department of Veterans 

Affairs. 

Sec. 302. Visual impairment and orientation and mobility professionals education assistance program. 

Sec. 303. Interment in national cemeteries of parents of certain deceased veterans. 

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

8 Except as otherwise expressly provided, whenever in 

9 this Act an amendment or repeal is expressed in terms 

10 of an amendment to, or repeal of, a section or other provi11 sion, the reference shall be considered to be made to a 

12 section or other provision of title 38, United States Code. 


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1 TITLE I—SMALL BUSINESS AND 

2 EDUCATION MATTERS 

3 SEC. 101. CLARIFICATION OF RESPONSIBILITY OF SEC4 RETARY OF VETERANS AFFAIRS TO VERIFY 

5 SMALL BUSINESS OWNERSHIP. 

6 (a) SHORT TITLE.—This section may be cited as the 

7 ‘‘Veterans Small Business Verification Act’’. 

8 (b) CLARIFICATION OF RESPONSIBILITY OF SEC9 RETARY OF VETERANS AFFAIRS TO VERIFY SMALL BUSI10 NESS OWNERSHIP.— 

11 (1) CLARIFICATION.—Section 8127(f) is 

12 amended— 

13 (A) in paragraph (2)— 

14 (i) by inserting ‘‘(A)’’ before ‘‘To be 

15 eligible’’; 

16 (ii) by inserting after ‘‘or the vet17 eran.’’ the following new sentence: ‘‘Appli18 cation for inclusion in the database shall 

19 constitute permission under section 552a 

20 of title 5 (commonly referred to as the Pri21 vacy Act) for the Secretary to access such 

22 personal information maintained by the 

23 Secretary as may be necessary to verify the 

24 information contained in the application.’’; 

25 and 


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1 (iii) by inserting after the sentence 

2 added by subparagraph (B) the following 

3 new subparagraph: 

4 ‘‘(B) If the Secretary receives an application for in5 clusion in the database from an individual whose status 

6 as a veteran cannot be verified because the Secretary does 

7 not maintain information with respect to the veteran sta8 tus of the individual, the Secretary may not include the 

9 small business concern owned or controlled by the indi10 vidual in the database maintained by the Secretary until 

11 the Secretary receives such information as may be nec12 essary to verify that the individual is a veteran.’’; and 

13 (B) by striking paragraph (4) and insert14 ing the following new paragraph (4): 

15 ‘‘(4) No small business concern may be listed in the 

16 database until the Secretary has verified that— 

17 ‘‘(A) the small business concern is owned and 

18 controlled by veterans; and 

19 ‘‘(B) in the case of a small business concern for 

20 which the person who owns or controls the concern 

21 indicates that the person is a veteran with a service22 connected disability, that the person is a veteran 

23 with a service-connected disability.’’. 

24 (2) APPLICABILITY.—In the case of a small 

25 business concern included in the database as of the 


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1 date of the enactment of this Act for which, as of 

2 such date, the Secretary of Veterans Affairs has not 

3 verified the status of such concern in accordance 

4 with paragraph (4) of subsection (f) of section 8127 

5 of title 38, United States Code, as amended by sub6 section (a), not later than 60 days after the date of 

7 the enactment of this Act, the Secretary shall notify 

8 the person who owns or controls the concern that— 

9 (A) the Secretary is required to verify the 

10 status of the concern in accordance with such 

11 paragraph; 

12 (B) verification of such status shall require 

13 that the person who owns or controls the con14 cern apply for inclusion in the database in ac15 cordance with such subsection, as so amended; 

16 (C) application for inclusion in the data17 base shall constitute permission under section 

18 552a of title 5, United States Code (commonly 

19 referred to as the Privacy Act), for the Sec20 retary to access such personal information 

21 maintained by the Secretary as may be nec22 essary to verify the information contained in 

23 the application; and 

24 (D) the person who owns or controls the 

25 concern must submit to the Secretary an afVerDate Nov 24 2008 23:40 Nov 04, 2009 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3949.RFS H3949

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1 firmative acknowledgment of the requirement 

2 under paragraph (3) within 90 days of receiving 

3 the Secretary’s notice of such requirement or 

4 the concern shall be removed from the data5 base. 

6 SEC. 102. REAUTHORIZATION OF VETERANS’ ADVISORY 

7 COMMITTEE ON EDUCATION. 

8 Section 3692(c) is amended by striking ‘‘December 

9 31, 2009’’ and inserting ‘‘December 31, 2015’’. 

10 TITLE II—SERVICEMEMBERS 

11 CIVIL RELIEF ACT MATTERS 

12 SEC. 201. TERMINATION OF SERVICE CONTRACTS. 

13 (a) IN GENERAL.—Section 305A of the 

14 Servicemembers Civil Relief Act (50 U.S.C. App. 535a) 

15 is amended to read as follows: 

16 ‘‘SEC. 305A. TERMINATION OF SERVICE CONTRACTS. 

17 ‘‘(a) TERMINATION BY SERVICEMEMBER.—A service18 member may terminate a contract described in subsection 

19 (c) at any time after the date the servicemember receives 

20 military orders— 

21 ‘‘(1) to deploy with a military unit, or as an in22 dividual, in support of a contingency operation for a 

23 period of not less than 90 days; or 

24 ‘‘(2) for a change of permanent station to a lo25 cation that does not support the contract. 


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1 ‘‘(b) SPECIAL RULE FOR CELLULAR OR TELEPHONE

2 EXCHANGE SERVICE.—In any case in which a contract 

3 being terminated under subsection (a) or (d) is for cellular 

4 telephone service or telephone exchange service, the serv5 icemember may keep, to the extent practicable and in ac6 cordance with applicable law, the telephone number the 

7 servicemember has under the contract for a period not to 

8 exceed 90 days after the period of deployment or change 

9 of permanent station has concluded. 

10 ‘‘(c) COVERED CONTRACTS.—This section applies to 

11 a contract for cellular telephone service, telephone ex12 change service, multichannel video programming service, 

13 Internet access service, or residential utility service involv14 ing the provision of water, electricity, home heating oil, 

15 or natural gas. 

16 ‘‘(d) FAMILY PLANS.—In the case of a contract for 

17 cellular telephone service entered into by any individual 

18 in which a servicemember is a designated beneficiary of 

19 such contract, the individual may terminate such con20 tract— 

21 ‘‘(1) with respect to the servicemember if the 

22 servicemember is eligible to terminate contracts pur23 suant to subsection (a); and 

24 ‘‘(2) with respect to all of the designated bene25 ficiaries of such contract if all such beneficiaries acVerDate Nov 24 2008 23:40 Nov 04, 2009 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3949.RFS H3949

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1 company the servicemember in a change of perma2 nent station to a location that does not support the 

3 contract. 

4 ‘‘(e) MANNER OF TERMINATION.—Termination of a 

5 contract under subsection (a) or (d) shall be made by de6 livery of a written notice of such termination and a copy 

7 of the servicemember’s military orders to the service pro8 vider, delivered— 

9 ‘‘(1) by hand delivery; 

10 ‘‘(2) by private business carrier; 

11 ‘‘(3) by facsimile; or 

12 ‘‘(4) by United States mail, addressed as des13 ignated by the service provider, return receipt re14 quested, with sufficient postage. 

15 ‘‘(f) DATE OF CONTRACT TERMINATION.—Termi16 nation of a contract under subsection (a) or (d) is effective 

17 as of the date on which the notice under subsection (e) 

18 is delivered. 

19 ‘‘(g) OTHER OBLIGATIONS AND LIABILITIES.—The 

20 service provider under the contract may not impose an 

21 early termination charge, but any tax or any other obliga22 tion or liability of the servicemember that, in accordance 

23 with the terms of the contract, is due and unpaid or 

24 unperformed at the time of termination of the contract 

25 shall be paid or performed by the servicemember. If the 


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1 servicemember re-subscribes to the service provided under 

2 a covered contract in the 90-day period after the period 

3 of deployment or change of permanent station has con4 cluded, the service provider may not impose a charge for 

5 reinstating service, other than a charge to cover any cost 

6 of installing or acquiring new equipment that existing cus7 tomers received, and for which such customers paid a simi8 lar charge, during such period. 

9 ‘‘(h) RETURN OF ADVANCE PAYMENTS.—Not later 

10 than 60 days after the effective date of the termination 

11 of the contract, the service provider shall refund to the 

12 servicemember any fee or other amount to the extent paid 

13 for a period extending after such date, except for the re14 mainder of the monthly or similar billing period in which 

15 the termination occurs if it is not reasonably possible to 

16 determine a pro-rata amount for such remainder. 

17 ‘‘(i) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘cellular telephone service’ means 

19 commercial mobile service, as that term is defined in 

20 section 332(d) of the Communications Act of 1934 

21 (47 U.S.C. 332(d)). 

22 ‘‘(2) The term ‘contingency operation’ has the 

23 meaning given that term by section 101(a)(13) of 

24 title 10, United States Code. 


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1 ‘‘(3) The term ‘Internet access service’ has the 

2 meaning given that term under section 231(e)(4) of 

3 the Communications Act of 1934 (47 U.S.C. 

4 231(e)(4)). 

5 ‘‘(4) The term ‘multichannel video program6 ming service’ means video programming service pro7 vided by a multichannel video programming dis8 tributor, as such term is defined in section 602(13) 

9 of the Communications Act of 1934 (47 U.S.C. 

10 522(13)). 

11 ‘‘(5) The term ‘telephone exchange service’ has 

12 the meaning given that term under section 3 of the 

13 Communications Act of 1934 (47 U.S.C. 153).’’. 

14 (b) TECHNICAL AMENDMENT TO CONFORM HEAD15 ING OF TITLE III TO THE CONTENTS OF THE TITLE.— 

16 The heading for title III of such Act is amended by insert17 ing ‘‘, SERVICE CONTRACTS’’ after ‘‘LEASES’’. 

18 (c) CLERICAL AMENDMENTS.—The table of contents 

19 in section 1(b) of such Act is amended— 

20 (1) by striking the item relating to title III and 

21 inserting the following new item: 

‘‘TITLE III—RENT, INSTALLMENT CONTRACTS, MORTGAGES, 

LIENS, ASSIGNMENT, LEASES, SERVICE CONTRACTS’’; AND

22 (2) by striking the item relating to section 

23 305A and inserting the following new item: 

‘‘Sec. 305A. Termination of service contracts.’’. 


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1 SEC. 202. RESIDENTIAL AND MOTOR VEHICLE LEASES. 

2 Subsection (e) of section 305 of the Servicemembers 

3 Civil Relief Act (50 U.S.C. App. 535) is amended to read 

4 as follows: 

5 ‘‘(e) ARREARAGES AND OTHER OBLIGATIONS AND

6 LIABILITIES.— 

7 ‘‘(1) LEASES OF PREMISES.—Rent amounts for 

8 a lease described in subsection (b)(1) that are un9 paid for the period preceding the effective date of 

10 the lease termination shall be paid on a prorated 

11 basis. The lessor may not impose an early termi12 nation charge, but any taxes, summonses, or other 

13 obligations and liabilities of the lessee in accordance 

14 with the terms of the lease, including reasonable 

15 charges to the lessee for excess wear, that are due 

16 and unpaid at the time of termination of the lease 

17 shall be paid by the lessee. 

18 ‘‘(2) LEASES OF MOTOR VEHICLES.—Lease 

19 amounts for a lease described in subsection (b)(2) 

20 that are unpaid for the period preceding the effective 

21 date of the lease termination shall be paid on a pro22 rated basis. The lessor may not impose an early ter23 mination charge, but any taxes, summonses, title 

24 and registration fees, or other obligations and liabil25 ities of the lessee in accordance with the terms of 

26 the lease, including reasonable charges to the lessee 


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1 for excess wear or use and mileage, that are due and 

2 unpaid at the time of termination of the lease shall 

3 be paid by the lessee.’’. 

4 SEC. 203. ENFORCEMENT BY THE ATTORNEY GENERAL AND 

5 BY PRIVATE RIGHT OF ACTION. 

6 (a) IN GENERAL.—The Servicemembers Civil Relief 

7 Act (50 U.S.C. App. 501 et seq.) is amended by adding 

8 at the end the following new title: 

9 ‘‘TITLE VIII—CIVIL LIABILITY 

10 ‘‘SEC. 801. ENFORCEMENT BY THE ATTORNEY GENERAL. 

11 ‘‘(a) CIVIL ACTION.—The Attorney General may 

12 commence a civil action in any appropriate United States 

13 district court against any person who— 

14 ‘‘(1) engages in a pattern or practice of vio15 lating this Act; or 

16 ‘‘(2) engages in a violation of this Act that 

17 raises an issue of significant public importance. 

18 ‘‘(b) RELIEF.—In a civil action commenced under 

19 subsection (a), the court may— 

20 ‘‘(1) grant any appropriate equitable or declara21 tory relief with respect to the violation; 

22 ‘‘(2) award all other appropriate relief, includ23 ing monetary damages, to any person aggrieved by 

24 the violation; and 


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1 ‘‘(3) may, to vindicate the public interest, as2 sess a civil penalty— 

3 ‘‘(A) in an amount not exceeding $55,000 

4 for a first violation; and 

5 ‘‘(B) in an amount not exceeding $110,000 

6 for any subsequent violation. 

7 ‘‘(c) INTERVENTION.—Upon timely application, a 

8 person aggrieved by a violation with respect to which the 

9 civil action is commenced may intervene in such action, 

10 and may obtain such appropriate relief as the person could 

11 obtain in a civil action under section 802 with respect to 

12 that violation, along with costs and a reasonable attorney 

13 fee. 

14 ‘‘SEC. 802. PRIVATE RIGHT OF ACTION. 

15 ‘‘(a) IN GENERAL.—Any person aggrieved by a viola16 tion of this Act may in a civil action— 

17 ‘‘(1) obtain any appropriate equitable or declar18 atory relief with respect to the violation; and 

19 ‘‘(2) recover all other appropriate relief, includ20 ing monetary damages. 

21 ‘‘(b) COSTS AND ATTORNEY FEES.—The court may 

22 award to a servicemember who prevails in an action 

23 brought under subsection (a) the costs of the action, in24 cluding a reasonable attorney fee. 


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1 ‘‘SEC. 803. PRESERVATION OF REMEDIES. 

2 ‘‘Nothing in section 801 or 802 shall be construed 

3 to preclude or limit any remedy otherwise available under 

4 other law, including consequential and punitive dam5 ages.’’. 

6 (b) CONFORMING AMENDMENTS.—Such Act is fur7 ther amended as follows: 

8 (1) Section 207 (50 U.S.C. App. 527) is 

9 amended by striking subsection (f). 

10 (2) Section 301(c) (50 U.S.C. App. 531(c)) is 

11 amended to read as follows: 

12 ‘‘(c) MISDEMEANOR.—Except as provided in sub13 section (a), a person who knowingly takes part in an evic14 tion or distress described in subsection (a), or who know15 ingly attempts to do so, shall be fined as provided in title 

16 18, United States Code, or imprisoned for not more than 

17 one year, or both.’’. 

18 (3) Section 302(b) (50 U.S.C. App. 532(b)) is 

19 amended to read as follows: 

20 ‘‘(b) MISDEMEANOR.—A person who knowingly re21 sumes possession of property in violation of subsection (a), 

22 or in violation of section 107 of this Act, or who knowingly 

23 attempts to do so, shall be fined as provided in title 18, 

24 United States Code, or imprisoned for not more than one 

25 year, or both.’’. 


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1 (4) Section 303(d) (50 U.S.C. App. 533(d)) is 

2 amended to read as follows: 

3 ‘‘(d) MISDEMEANOR.—A person who knowingly 

4 makes or causes to be made a sale, foreclosure, or seizure 

5 of property that is prohibited by subsection (c), or who 

6 knowingly attempts to do so, shall be fined as provided 

7 in title 18, United States Code, or imprisoned for not more 

8 than one year, or both.’’. 

9 (5) Section 305(h) (50 U.S.C. App. 535(h)) is 

10 amended to read as follows: 

11 ‘‘(h) MISDEMEANOR.—Any person who knowingly 

12 seizes, holds, or detains the personal effects, security de13 posit, or other property of a servicemember or a 

14 servicemember’s dependent who lawfully terminates a 

15 lease covered by this section, or who knowingly interferes 

16 with the removal of such property from premises covered 

17 by such lease, for the purpose of subjecting or attempting 

18 to subject any of such property to a claim for rent accru19 ing subsequent to the date of termination of such lease, 

20 or attempts to do so, shall be fined as provided in title 

21 18, United States Code, or imprisoned for not more than 

22 one year, or both.’’. 

23 (6) Section 306(e) (50 U.S.C. App. 536(e)) is 

24 amended to read as follows: 


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1 ‘‘(e) MISDEMEANOR.—A person who knowingly takes 

2 an action contrary to this section, or attempts to do so, 

3 shall be fined as provided in title 18, United States Code, 

4 or imprisoned for not more than one year, or both.’’. 

5 (7) Section 307(c) (50 U.S.C. App. 537(c)) is 

6 amended to read as follows: 

7 ‘‘(c) MISDEMEANOR.—A person who knowingly takes 

8 an action contrary to this section, or attempts to do so, 

9 shall be fined as provided in title 18, United States Code, 

10 or imprisoned for not more than one year, or both.’’. 

11 (c) CLERICAL AMENDMENT.—The table of contents 

12 in section 1(b) of such Act is amended by adding at the 

13 end the following new items: 

‘‘TITLE VIII—CIVIL LIABILITY 

‘‘Sec. 801. Enforcement by the Attorney General. 

‘‘Sec. 802. Private right of action. 

‘‘Sec. 803. Preservation of remedies.’’. 

14 TITLE III—OTHER BENEFITS 

15 MATTERS 

16 SEC. 301. IMPROVEMENT OF OUTREACH ACTIVITIES WITH17 IN DEPARTMENT OF VETERANS AFFAIRS. 

18 (a) IN GENERAL.—Chapter 5 is amended by adding 

19 at the end the following new subchapter: 


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1 ‘‘SUBCHAPTER IV—OUTREACH ACTIVITIES 

2 ‘‘§ 561. Outreach activities: coordination of activities 

3 within the Department 

4 ‘‘(a) COORDINATION PROCEDURES.—The Secretary 

5 shall establish and maintain procedures for ensuring the 

6 effective coordination of the outreach activities of the De7 partment between and among the following: 

8 ‘‘(1) The Office of the Secretary. 

9 ‘‘(2) The Office of Public Affairs. 

10 ‘‘(3) The Veterans Health Administration. 

11 ‘‘(4) The Veterans Benefits Administration. 

12 ‘‘(5) The National Cemetery Administration. 

13 ‘‘(b) ANNUAL REVIEW OF PROCEDURES.—The Sec14 retary shall— 

15 ‘‘(1) annually review the procedures in effect 

16 under subsection (a) for the purpose of ensuring 

17 that those procedures meet the requirements of that 

18 subsection; and 

19 ‘‘(2) make such modifications to those proce20 dures as the Secretary considers appropriate in light 

21 of such review in order to better achieve that pur22 pose. 


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1 ‘‘§ 562. Outreach activities: cooperative activities 

2 with States; grants to States for improve3 ment of outreach 

4 ‘‘(a) PURPOSE.—It is the purpose of this section to 

5 provide for assistance by the Secretary to State and coun6 ty veterans agencies to carry out programs in locations 

7 within the respective jurisdictions of such agencies that 

8 offer a high probability of improving outreach and assist9 ance to veterans, and to the spouses, children, and parents 

10 of veterans, to ensure that such individuals are fully in11 formed about, and assisted in applying for, any veterans’ 

12 and veterans-related benefits and programs (including 

13 State veterans’ programs) for which they may be eligible. 

14 ‘‘(b) PRIORITY FOR AREAS WITH HIGH CONCENTRA15 TION OF ELIGIBLE INDIVIDUALS.—In providing assist16 ance under this section, the Secretary shall give priority 

17 to State and county veteran agencies in locations— 

18 ‘‘(1) that have relatively large concentrations of 

19 populations of veterans and other individuals re20 ferred to in subsection (a); or 

21 ‘‘(2) that are experiencing growth in the popu22 lation of veterans and other individuals referred to 

23 in subsection (a). 

24 ‘‘(c) CONTRACTS FOR OUTREACH SERVICES.—The 

25 Secretary may enter into a contract with a State or county 

26 veterans agency in order to carry out, coordinate, improve, 


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1 or otherwise enhance outreach by the Department and the 

2 State or county (including outreach with respect to a State 

3 or county veterans program). As a condition of entering 

4 into any such contract, the Secretary shall require the 

5 agency to submit annually to the Secretary a three-year 

6 plan for the use of any funds provided to the agency pur7 suant to the contract and to meet the annual outcome 

8 measures developed by the Secretary under subsection 

9 (d)(4). 

10 ‘‘(d) GRANTS.—(1) The Secretary may make a grant 

11 to a State or county veterans agency to be used to carry 

12 out, coordinate, improve, or otherwise enhance— 

13 ‘‘(A) outreach activities, including activities car14 ried out pursuant to a contract entered into under 

15 subsection (c); and 

16 ‘‘(B) activities to assist in the development and 

17 submittal of claims for veterans and veterans-related 

18 benefits, including activities carried out pursuant to 

19 a contract entered into under subsection (c). 

20 ‘‘(2) A State veterans agency that receives a grant 

21 under this subsection may award all or a portion of the 

22 grant to county veterans agencies within the State to pro23 vide outreach services for veterans, on the basis of the 

24 number of veterans residing in the jurisdiction of each 

25 county. 


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1 ‘‘(3) To be eligible for a grant under this subsection, 

2 a State or county veterans agency shall submit to the Sec3 retary an application containing such information and as4 surances as the Secretary may require. The Secretary 

5 shall require a State or county veterans agency to include, 

6 as part of the agency’s application— 

7 ‘‘(A) a three-year plan for the use of the grant; 

8 and 

9 ‘‘(B) a description of the programs through 

10 which the agency will meet the annual outcome 

11 measures developed by the Secretary under para12 graph (4). 

13 ‘‘(4)(A) The Secretary shall develop and provide to 

14 the recipient of a grant under this subsection written guid15 ance on annual outcome measures, Department policies, 

16 and procedures for applying for grants under this section. 

17 ‘‘(B) The Secretary shall annually review the per18 formance of each State or county veterans agency that re19 ceives a grant under this section. 

20 ‘‘(C) In the case of a State or county veterans agency 

21 that is a recipient of a grant under this subsection that 

22 does not meet the annual outcome measures developed by 

23 the Secretary, the Secretary shall require the agency to 

24 submit a remediation plan under which the agency shall 

25 describe how and when it plans to meet such outcome 


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1 measures. The Secretary must approve such plan before 

2 the Secretary may make a subsequent grant to that agen3 cy under this subsection. 

4 ‘‘(5) No portion of any grant awarded under this sub5 section may be used for the purposes of administering the 

6 grant funds or to subsidize the salaries of State or county 

7 veterans service officers or other employees of a State or 

8 county veterans agency that receives a grant under this 

9 subsection. 

10 ‘‘(6) Federal funds provided to a State or county vet11 erans agency under this subsection may not be used to 

12 provide more than 50 percent of the total cost of the State 

13 or county government activities described in paragraph (1) 

14 and shall be used to expand existing outreach programs 

15 and services and not to supplant State and local funding 

16 that is otherwise available. 

17 ‘‘(7) In awarding grants under this subsection, the 

18 Secretary shall give priority to State and county veterans 

19 agencies that serve the largest populations of veterans. 

20 ‘‘(8)(A) In a case in which a county government does 

21 not have a county veterans agency, the county government 

22 may be awarded a grant under this subsection to establish 

23 such an agency. 

24 ‘‘(B) In a case in which a county government does 

25 not have a county veterans agency and does not seek to 


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1 establish such an agency through the use of a grant under 

2 this subsection, the State veterans agency for the State 

3 in which the county is located may use a grant under this 

4 section to provide outreach services for that county. 

5 ‘‘(C) In the case of a State in which no State or coun6 ty veterans agency seeks to receive a grant under this sub7 section, the funds that would otherwise be allocated for 

8 that State shall be reallocated to those States in which 

9 county veterans agencies exist and have sought grants 

10 under this subsection. 

11 ‘‘(9) A grant under this subsection may be used to 

12 provide education and training, including on-the-job train13 ing, for State, county, and local government employees 

14 who provide (or when trained will provide) veterans out15 reach services in order for those employees to obtain ac16 creditation in accordance with procedures approved by the 

17 Secretary and, for employees so accredited, for purposes 

18 of continuing education. 

19 ‘‘(e) DEFINITIONS.—For the purposes of this section: 

20 ‘‘(1) The term ‘State veterans agency’ means the ele21 ment of the government of a State that has responsibility 

22 for programs and activities of that State government relat23 ing to veterans benefits. 

24 ‘‘(2) The term ‘county veterans agency’ means the 

25 element of the government of a county or municipality 


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1 that has responsibility for programs and activities of that 

2 county or municipal government relating to veterans bene3 fits. 

4 ‘‘§ 563. Outreach activities: funding 

5 ‘‘(a) SEPARATE ACCOUNT.—Amounts for the out6 reach activities of the Department under this subchapter 

7 shall be budgeted and appropriated through a separate ap8 propriation account. 

9 ‘‘(b) SEPARATE STATEMENT OF AMOUNT.—In the 

10 budget justification materials submitted to Congress in 

11 support of the Department budget for any fiscal year (as 

12 submitted with the budget of the President under section 

13 1105(a) of title 31), the Secretary shall include a separate 

14 statement of the amount requested to be appropriated for 

15 that fiscal year for the account specified in subsection (a). 

16 ‘‘§ 564. Definition of outreach 

17 ‘‘For purposes of this subchapter, the term ‘outreach’ 

18 means the act or process of taking steps in a systematic 

19 manner to provide information, services, and benefits 

20 counseling to veterans, and the survivors of veterans, who 

21 may be eligible to receive benefits under the laws adminis22 tered by the Secretary to ensure that those individuals are 

23 fully informed about, and assisted in applying for, any 

24 benefits and programs under such laws for which they may 

25 be eligible. 


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1 ‘‘§ 565. Authorization of appropriations 

2 ‘‘There is authorized to be appropriated to the Sec3 retary for each of fiscal years 2011, 2012, and 2013, 

4 $25,000,000 to carry out this subchapter, including mak5 ing grants under section 562(d) of this title.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of such chapter is amended by adding 

8 at the end the following new items: 

‘‘SUBCHAPTER IV—OUTREACH ACTIVITIES

‘‘561. Outreach activities: coordination of activities within the Department. 

‘‘562. Outreach activities: cooperative activities with States; grants to States for 

improvement of outreach. 

‘‘563. Outreach activities: funding. 

‘‘564. Definition of outreach. 

‘‘565. Authorization of appropriations.’’. 

9 (c) DEADLINE FOR IMPLEMENTATION.—The Sec10 retary of Veterans Affairs shall implement the outreach 

11 activities required under subchapter IV of chapter 5 of 

12 title 38, United States Code, as added by subsection (a), 

13 by not later than 120 days after the date of the enactment 

14 of this Act. 

15 SEC. 302. VISUAL IMPAIRMENT AND ORIENTATION AND MO16 BILITY PROFESSIONALS EDUCATION ASSIST17 ANCE PROGRAM. 

18 (a) ESTABLISHMENT OF PROGRAM.—Part V is 

19 amended by adding at the end the following new chapter: 


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1 ‘‘CHAPTER 80—VISUAL IMPAIRMENT AND 

2 ORIENTATION AND MOBILITY PROFES3 SIONALS EDUCATION ASSISTANCE 

4 PROGRAM 

‘‘Sec. 

‘‘8001. Establishment of scholarship program; purpose. 

‘‘8002. Application and acceptance. 

‘‘8003. Amount of assistance; duration. 

‘‘8004. Agreement. 

‘‘8005. Repayment for failure to satisfy requirements of agreement. 

5 ‘‘§ 8001. Establishment of scholarship program; pur6 pose 

7 ‘‘(a) ESTABLISHMENT.—Subject to the availability of 

8 appropriations, the Secretary shall establish and carry out 

9 a scholarship program to provide financial assistance in 

10 accordance with this chapter to an individual— 

11 ‘‘(1) who is accepted for enrollment or currently 

12 enrolled in a program of study leading to a degree 

13 or certificate in visual impairment or orientation and 

14 mobility, or a dual degree or certification in both 

15 such areas, at an accredited (as determined by the 

16 Secretary) educational institution that is in a State; 

17 and 

18 ‘‘(2) who enters into an agreement with the 

19 Secretary as described in section 8004 of this chap20 ter. 

21 ‘‘(b) PURPOSE.—The purpose of the scholarship pro22 gram established under this chapter is to increase the supVerDate Nov 24 2008 23:40 Nov 04, 2009 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3949.RFS H3949

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1 ply of qualified blind rehabilitation specialists for the De2 partment and the Nation. 

3 ‘‘(c) OUTREACH.—The Secretary shall publicize the 

4 scholarship program established under this chapter to edu5 cational institutions throughout the United States, with 

6 an emphasis on disseminating information to such institu7 tions with high numbers of Hispanic students and to His8 torically Black Colleges and Universities. 

9 ‘‘§ 8002. Application and acceptance 

10 ‘‘(a) APPLICATION.—(1) To apply and participate in 

11 the scholarship program under this chapter, an individual 

12 shall submit to the Secretary an application for such par13 ticipation together with an agreement described in section 

14 8004 of this chapter under which the participant agrees 

15 to serve a period of obligated service in the Department 

16 as provided in the agreement in return for payment of 

17 educational assistance as provided in the agreement. 

18 ‘‘(2) In distributing application forms and agreement 

19 forms to individuals desiring to participate in the scholar20 ship program, the Secretary shall include with such forms 

21 the following: 

22 ‘‘(A) A fair summary of the rights and liabil23 ities of an individual whose application is approved 

24 (and whose agreement is accepted) by the Secretary. 


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1 ‘‘(B) A full description of the terms and condi2 tions that apply to participation in the scholarship 

3 program and service in the Department. 

4 ‘‘(b) APPROVAL.—(1) Upon the Secretary’s approval 

5 of an individual’s participation in the scholarship program, 

6 the Secretary shall, in writing, promptly notify the indi7 vidual of that acceptance. 

8 ‘‘(2) An individual becomes a participant in the schol9 arship program upon such approval by the Secretary. 

10 ‘‘§ 8003. Amount of assistance; duration 

11 ‘‘(a) AMOUNT OF ASSISTANCE.—The amount of the 

12 financial assistance provided for an individual under this 

13 chapter shall be the amount determined by the Secretary 

14 as being necessary to pay the tuition and fees of the indi15 vidual. In the case of an individual enrolled in a program 

16 of study leading to a dual degree or certification in both 

17 the areas of study described in section 8001(a)(1) of this 

18 chapter, the tuition and fees shall not exceed the amounts 

19 necessary for the minimum number of credit hours to 

20 achieve such dual certification or degree. 

21 ‘‘(b) RELATIONSHIP TO OTHER ASSISTANCE.—Fi22 nancial assistance may be provided to an individual under 

23 this chapter to supplement other educational assistance to 

24 the extent that the total amount of educational assistance 

25 received by the individual during an academic year does 


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1 not exceed the total tuition and fees for such academic 

2 year. 

3 ‘‘(c) MAXIMUM AMOUNT OF ASSISTANCE.—(1) In no 

4 case may the total amount of assistance provided under 

5 this chapter for an academic year to an individual who 

6 is a full-time student exceed $15,000. 

7 ‘‘(2) In the case of an individual who is a part-time 

8 student, the total amount of assistance provided under 

9 this chapter shall bear the same ratio to the amount that 

10 would be paid under paragraph (1) if the participant were 

11 a full-time student in the program of study being pursued 

12 by the individual as the coursework carried by the indi13 vidual to full-time coursework in that program of study. 

14 ‘‘(3) In no case may the total amount of assistance 

15 provided to an individual under this chapter exceed 

16 $45,000. 

17 ‘‘(d) MAXIMUM DURATION OF ASSISTANCE.—The 

18 Secretary may provide financial assistance to an individual 

19 under this chapter for not more than six years. 

20 ‘‘§ 8004. Agreement 

21 ‘‘An agreement between the Secretary and a partici22 pant in the scholarship program under this chapter shall 

23 be in writing, shall be signed by the participant, and shall 

24 include— 


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1 ‘‘(1) the Secretary’s agreement to provide the 

2 participant with financial assistance as authorized 

3 under this chapter; 

4 ‘‘(2) the participant’s agreement— 

5 ‘‘(A) to accept such financial assistance; 

6 ‘‘(B) to maintain enrollment and attend7 ance in the program of study described in sec8 tion 8001(a)(1) of this chapter; 

9 ‘‘(C) while enrolled in such program, to 

10 maintain an acceptable level of academic stand11 ing (as determined by the educational institu12 tion offering such program under regulations 

13 prescribed by the Secretary); and 

14 ‘‘(D) after completion of the program, to 

15 serve as a full-time employee in the Department 

16 for a period of three years, to be served within 

17 the first six years after the participant has com18 pleted such program and received a degree or 

19 certificate described in section 8001(a)(1) of 

20 this chapter; and 

21 ‘‘(3) any other terms and conditions that the 

22 Secretary determines appropriate for carrying out 

23 this chapter. 


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1 ‘‘§ 8005. Repayment for failure to satisfy require2 ments of agreement 

3 ‘‘(a) IN GENERAL.—An individual who receives edu4 cational assistance under this chapter shall repay to the 

5 Secretary an amount equal to the unearned portion of 

6 such assistance if the individual fails to satisfy the require7 ments of the agreement entered into under section 8004 

8 of this chapter, except in circumstances authorized by the 

9 Secretary. 

10 ‘‘(b) AMOUNT OF REPAYMENT.—The Secretary shall 

11 establish, by regulations, procedures for determining the 

12 amount of the repayment required under this subsection 

13 and the circumstances under which an exception to the 

14 required repayment may be granted. 

15 ‘‘(c) WAIVER OR SUSPENSION OF COMPLIANCE.— 

16 The Secretary shall prescribe regulations providing for the 

17 waiver or suspension of any obligation of an individual for 

18 service or payment under this chapter (or an agreement 

19 under this chapter) whenever noncompliance by the indi20 vidual is due to circumstances beyond the control of the 

21 individual or whenever the Secretary determines that the 

22 waiver or suspension of compliance is in the best interest 

23 of the United States. 

24 ‘‘(d) OBLIGATION AS DEBT TO UNITED STATES.— 

25 An obligation to repay the Secretary under this section 

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1 charge in bankruptcy under title 11 does not discharge 

2 a person from such debt if the discharge order is entered 

3 less than five years after the date of the termination of 

4 the agreement or contract on which the debt is based.’’. 

5 (b) CLERICAL AMENDMENTS.—The tables of chap6 ters at the beginning of title 38, United States Code, and 

7 of part V of such title, are each amended by inserting after 

8 the item relating to chapter 79 the following new item: 

‘‘80. Visual Impairment and Orientation and Mobility Professionals 

Education Assistance Program ..................................... 8001’’. 

9 (c) EFFECTIVE DATE.—The Secretary of Veterans 

10 Affairs shall implement chapter 80 of title 38, United 

11 States Code, as added by subsection (a), not later than 

12 six months after the date of the enactment of this Act. 

13 SEC. 303. INTERMENT IN NATIONAL CEMETERIES OF PAR14 ENTS OF CERTAIN DECEASED VETERANS. 

15 (a) SHORT TITLE.—This section may be cited as the 

16 ‘‘Corey Shea Act’’. 

17 (b) INTERMENT OF PARENTS OF CERTAIN DE18 CEASED VETERANS.—Section 2402 is amended— 

19 (1) In the matter preceding paragraph (1), by 

20 striking ‘‘Under such regulations’’ and inserting 

21 ‘‘(a) Under such regulations’’; 

22 (2) by moving the margins of paragraphs (1) 

23 through (8) two ems to the right; 


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1 (3) by inserting after paragraph (8) the fol2 lowing new paragraph: 

3 ‘‘(9)(A) The parent of a person described in 

4 subparagraph (B), if the Secretary determines that 

5 there is available space at the gravesite where the 

6 person described in subparagraph (B) is interred. 

7 ‘‘(B) A person described in this subparagraph 

8 is a person described in paragraph (1) who— 

9 ‘‘(i) is a hostile casualty or died from a 

10 training-related injury; 

11 ‘‘(ii) is interred in a national cemetery; and 

12 ‘‘(iii) at the time of the person’s parent’s 

13 death, did not have a spouse, surviving spouse, 

14 or child who is buried or who, upon death, may 

15 be eligible for burial in a national cemetery pur16 suant to paragraph (5).’’; and 

17 (4) by adding at the end the following new sub18 section: 

19 ‘‘(b) For purposes of subsection (a)(9) of this section: 

20 ‘‘(1) The term ‘parent’ means a biological fa21 ther or a biological mother or, in the case of adop22 tion, a father through adoption or a mother through 

23 adoption. 

24 ‘‘(2) The term ‘hostile casualty’ means a person 

25 who, as a member of the Armed Forces, dies as the 


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1 direct result of hostile action with the enemy, while 

2 in combat, while going to or returning from a com3 bat mission if the cause of death was directly related 

4 to hostile action, or while hospitalized or undergoing 

5 treatment at the expense of the United States for in6 jury incurred during combat, and includes a person 

7 killed mistakenly or accidentally by friendly fire di8 rected at a hostile force or what is thought to be a 

9 hostile force, but does not include a person who dies 

10 due to the elements, a self-inflicted wound, combat 

11 fatigue, or a friendly force while the person was in 

12 an absent-without-leave, deserter, or dropped-from13 rolls status or was voluntarily absent from a place 

14 of duty. 

15 ‘‘(3) The term ‘training-related injury’ means 

16 an injury incurred by a member of the Armed 

17 Forces while performing authorized training activi18 ties in preparation for a combat mission.’’. 

19 (c) GUIDANCE REQUIRED.—The Secretary of Vet20 erans Affairs, in consultation with the Secretary of De21 fense, shall develop guidance under which the parent of 

22 a person described in paragraph (9)(B) of subsection (a) 

23 of section 2402 of title 38, United States Code, may be 

24 designated for interment in a national cemetery under that 

25 section. 


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1 (d) CONFORMING AMENDMENTS.— 

2 (1) CROSS-REFERENCE CORRECTION.—Section 

3 107 is amended by striking ‘‘section 2402(8)’’ both 

4 places it appears and inserting ‘‘section 2402(a)(8)’’. 

5 (2) CROSS-REFERENCE CORRECTION.—Section 

6 2301(e) is amended by striking ‘‘section 2402(6)’’ 

7 and inserting ‘‘section 2402(a)(6)’’. 

8 (3) CROSS-REFERENCE CORRECTION.—Section 

9 2306(a) is amended— 

10 (A) in paragraph (2), by striking ‘‘section 

11 2402(4)’’ and inserting ‘‘section 2402(a)(4)’’; 

12 and 

13 (B) in paragraph (4), by striking ‘‘section 

14 2402(5)’’ and inserting ‘‘section 2402(a)(5)’’. 

15 (e) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply with respect to the death, on or 

17 after the date of the enactment of this Act, of the parent 

18 of a person described in section 2402(a)(9)(B) of title 38, 

19 United States Code, as added by subsection (a), who dies 

20 on or after October 7, 2001. 

Passed the House of Representatives November 3, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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