IB 

Union Calendar No. 186 

111TH CONGRESS 

1ST SESSION H. R. 3949 

[Report No. 111–324] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 28, 2009 

Mr. FILNER (for himself, Mr. BUYER, Ms. CORRINE BROWN of Florida, Mr. 

BROWN of South Carolina, Mr. SNYDER, Mr. MILLER of Florida, Ms. 

HERSETH SANDLIN, Mr. BOOZMAN, Mr. MITCHELL, Mr. BUCHANAN, Mr. 

HALL of New York, Mr. ROE of Tennessee, Mrs. HALVORSON, Mr. 

PERRIELLO, Mr. TEAGUE, Mr. RODRIGUEZ, Mr. MCNERNEY, Mr. WALZ, 

Mr. ADLER of New Jersey, Mrs. KIRKPATRICK of Arizona, Mr. NYE, Mr. 

MCINTYRE, and Mr. FRANK of Massachusetts) introduced the following 

bill; which was referred to the Committee on Veterans’ Affairs 

NOVEMBER 2, 2009 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

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. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Veterans’ Small Business Assistance and 

6 Servicemembers Protection Act of 2009’’. 

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

8 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. Improvement of Department of Veterans Affairs contracting goals 

and preferences for small business concerns owned and controlled by veterans. 

Sec. 103. 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. 

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

10 Except as otherwise expressly provided, whenever in 

11 this Act an amendment or repeal is expressed in terms 

12 of an amendment to, or repeal of, a section or other provi13 sion, the reference shall be considered to be made to a 

14 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 

5 inclusion in the database from an individual whose 

6 status as a veteran cannot be verified because the 

7 Secretary does not maintain information with re8 spect to the veteran status of the individual, the Sec9 retary may not include the small business concern 

10 owned or controlled by the individual in the database 

11 maintained by the Secretary until the Secretary re12 ceives such information as may be necessary to 

13 verify that the individual is a veteran.’’; and 

14 (B) by striking paragraph (4) and insert15 ing the following new paragraph (4): 

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

17 database until the Secretary has verified that— 

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

19 controlled by veterans; and 

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

21 which the person who owns or controls the concern 

22 indicates that the person is a veteran with a service23 connected disability, that the person is a veteran 

24 with a service-connected disability.’’. 


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

2 business concern included in the database as of the 

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

4 such date, the Secretary of Veterans Affairs has not 

5 verified the status of such concern in accordance 

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

7 of title 38, United States Code, as amended by sub8 section (a), not later than 60 days after the date of 

9 the enactment of this Act, the Secretary shall notify 

10 the person who owns or controls the concern that— 

11 (A) the Secretary is required to verify the 

12 status of the concern in accordance with such 

13 paragraph; 

14 (B) verification of such status shall require 

15 that the person who owns or controls the con16 cern apply for inclusion in the database in ac17 cordance with such subsection, as so amended; 

18 (C) application for inclusion in the data19 base shall constitute permission under section 

20 552a of title 5, United States Code (commonly 

21 referred to as the Privacy Act), for the Sec22 retary to access such personal information 

23 maintained by the Secretary as may be nec24 essary to verify the information contained in 

25 the application; and 


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1 (D) the person who owns or controls the 

2 concern must submit to the Secretary an af3 firmative acknowledgment of the requirement 

4 under paragraph (3) within 90 days of receiving 

5 the Secretary’s notice of such requirement or 

6 the concern shall be removed from the data7 base. 

8 SEC. 102. IMPROVEMENT OF DEPARTMENT OF VETERANS 

9 AFFAIRS CONTRACTING GOALS AND PREF10 ERENCES FOR SMALL BUSINESS CONCERNS 

11 OWNED AND CONTROLLED BY VETERANS. 

12 (a) IN GENERAL.—Section 8127, as amended by sec13 tion 101, is further amended in subsection (c), by striking 

14 ‘‘may’’ and inserting ‘‘shall’’. 

15 (b) DEADLINE FOR INTERIM POLICY GUIDANCE.— 

16 By not later than 30 days after the date of the enactment 

17 of this Act, the Secretary of Veterans Affairs shall issue 

18 interim policy guidance to carry out the amendment made 

19 by subsection (a). 

20 SEC. 103. REAUTHORIZATION OF VETERANS’ ADVISORY 

21 COMMITTEE ON EDUCATION. 

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

23 31, 2009’’ and inserting ‘‘December 31, 2015’’. 


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1 TITLE II—SERVICEMEMBERS 

2 CIVIL RELIEF ACT MATTERS 

3 SEC. 201. TERMINATION OF SERVICE CONTRACTS. 

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

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

6 is amended to read as follows: 

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

8 ‘‘(a) TERMINATION BY SERVICEMEMBER.—A service9 member may terminate a contract described in subsection 

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

11 military orders— 

12 ‘‘(1) to deploy with a military unit, or as an in13 dividual, in support of a contingency operation for a 

14 period of not less than 90 days; or 

15 ‘‘(2) for a change of permanent station to a lo16 cation that does not support the contract. 

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

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

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

20 telephone service or telephone exchange service, the serv21 icemember may keep, to the extent practicable and in ac22 cordance with applicable law, the telephone number the 

23 servicemember has under the contract for a period not to 

24 exceed 90 days after the period of deployment or change 

25 of permanent station has concluded. 


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

2 a contract for cellular telephone service, telephone ex3 change service, multichannel video programming service, 

4 Internet access service, or residential utility service involv5 ing the provision of water, electricity, home heating oil, 

6 or natural gas. 

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

8 cellular telephone service entered into by any individual 

9 in which a servicemember is a designated beneficiary of 

10 such contract, the individual may terminate such con11 tract— 

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

13 servicemember is eligible to terminate contracts pur14 suant to subsection (a); and 

15 ‘‘(2) with respect to all of the designated bene16 ficiaries of such contract if all such beneficiaries ac17 company the servicemember in a change of perma18 nent station to a location that does not support the 

19 contract. 

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

21 contract under subsection (a) or (d) shall be made by de22 livery of a written notice of such termination and a copy 

23 of the servicemember’s military orders to the service pro24 vider, delivered— 

25 ‘‘(1) by hand delivery; 


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1 ‘‘(2) by private business carrier; 

2 ‘‘(3) by facsimile; or 

3 ‘‘(4) by United States mail, addressed as des4 ignated by the service provider, return receipt re5 quested, with sufficient postage. 

6 ‘‘(f) DATE OF CONTRACT TERMINATION.—Termi7 nation of a contract under subsection (a) or (d) is effective 

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

9 is delivered. 

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

11 service provider under the contract may not impose an 

12 early termination charge, but any tax or any other obliga13 tion or liability of the servicemember that, in accordance 

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

15 unperformed at the time of termination of the contract 

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

17 servicemember re-subscribes to the service provided under 

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

19 of deployment or change of permanent station has con20 cluded, the service provider may not impose a charge for 

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

22 of installing or acquiring new equipment that existing cus23 tomers received, and for which such customers paid a simi24 lar charge, during such period. 


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

2 than 60 days after the effective date of the termination 

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

4 servicemember any fee or other amount to the extent paid 

5 for a period extending after such date, except for the re6 mainder of the monthly or similar billing period in which 

7 the termination occurs if it is not reasonably possible to 

8 determine a pro-rata amount for such remainder. 

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

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

11 commercial mobile service, as that term is defined in 

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

13 (47 U.S.C. 332(d)). 

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

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

16 title 10, United States Code. 

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

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

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

20 231(e)(4)). 

21 ‘‘(4) The term ‘multichannel video program22 ming service’ means video programming service pro23 vided by a multichannel video programming dis24 tributor, as such term is defined in section 602(13) 


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

2 522(13)). 

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

4 the meaning given that term under section 3 of the 

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

6 (b) TECHNICAL AMENDMENT TO CONFORM HEAD7 ING OF TITLE III TO THE CONTENTS OF THE TITLE.— 

8 The heading for title III of such Act is amended by insert9 ing ‘‘, SERVICE CONTRACTS’’ after ‘‘LEASES’’. 

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

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

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

13 inserting the following new item: 

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

LIENS, ASSIGNMENT, LEASES, SERVICE CONTRACTS’’; 

14 and 

15 (2) by striking the item relating to section 

16 305A and inserting the following new item: 

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

17 SEC. 202. RESIDENTIAL AND MOTOR VEHICLE LEASES. 

18 Subsection (e) of section 305 of the Servicemembers 

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

20 as follows: 

21 ‘‘(e) ARREARAGES AND OTHER OBLIGATIONS AND

22 LIABILITIES.— 


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

2 a lease described in subsection (b)(1) that are un3 paid for the period preceding the effective date of 

4 the lease termination shall be paid on a prorated 

5 basis. The lessor may not impose an early termi6 nation charge, but any taxes, summonses, or other 

7 obligations and liabilities of the lessee in accordance 

8 with the terms of the lease, including reasonable 

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

10 and unpaid at the time of termination of the lease 

11 shall be paid by the lessee. 

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

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

14 that are unpaid for the period preceding the effective 

15 date of the lease termination shall be paid on a pro16 rated basis. The lessor may not impose an early ter17 mination charge, but any taxes, summonses, title 

18 and registration fees, or other obligations and liabil19 ities of the lessee in accordance with the terms of 

20 the lease, including reasonable charges to the lessee 

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

22 unpaid at the time of termination of the lease shall 

23 be paid by the lessee.’’. 


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1 SEC. 203. ENFORCEMENT BY THE ATTORNEY GENERAL AND 

2 BY PRIVATE RIGHT OF ACTION. 

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

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

5 at the end the following new title: 

6 ‘‘TITLE VIII—CIVIL LIABILITY 

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

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

9 commence a civil action in any appropriate United States 

10 district court against any person who— 

11 ‘‘(1) engages in a pattern or practice of vio12 lating this Act; or 

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

14 raises an issue of significant public importance. 

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

16 subsection (a), the court may— 

17 ‘‘(1) grant any appropriate equitable or declara18 tory relief with respect to the violation; 

19 ‘‘(2) award all other appropriate relief, includ20 ing monetary damages, to any person aggrieved by 

21 the violation; and 

22 ‘‘(3) may, to vindicate the public interest, as23 sess a civil penalty— 

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

25 for a first violation; and 


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

2 for any subsequent violation. 

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

4 person aggrieved by a violation with respect to which the 

5 civil action is commenced may intervene in such action, 

6 and may obtain such appropriate relief as the person could 

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

8 that violation, along with costs and a reasonable attorney 

9 fee. 

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

11 ‘‘(a) IN GENERAL.—Any person aggrieved by a viola12 tion of this Act may in a civil action— 

13 ‘‘(1) obtain any appropriate equitable or declar14 atory relief with respect to the violation; and 

15 ‘‘(2) recover all other appropriate relief, includ16 ing monetary damages. 

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

18 award to a servicemember who prevails in an action 

19 brought under subsection (a) the costs of the action, in20 cluding a reasonable attorney fee. 

21 ‘‘SEC. 803. PRESERVATION OF REMEDIES. 

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

23 to preclude or limit any remedy otherwise available under 

24 other law, including consequential and punitive dam25 ages.’’. 


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1 (b) CONFORMING AMENDMENTS.—Such Act is fur2 ther amended as follows: 

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

4 amended by striking subsection (f). 

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

6 amended to read as follows: 

7 ‘‘(c) MISDEMEANOR.—Except as provided in sub8 section (a), a person who knowingly takes part in an evic9 tion or distress described in subsection (a), or who know10 ingly attempts to do so, shall be fined as provided in title 

11 18, United States Code, or imprisoned for not more than 

12 one year, or both.’’. 

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

14 amended to read as follows: 

15 ‘‘(b) MISDEMEANOR.—A person who knowingly re16 sumes possession of property in violation of subsection (a), 

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

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

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

20 year, or both.’’. 

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

22 amended to read as follows: 

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

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

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


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

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

3 than one year, or both.’’. 

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

5 amended to read as follows: 

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

7 seizes, holds, or detains the personal effects, security de8 posit, or other property of a servicemember or a 

9 servicemember’s dependent who lawfully terminates a 

10 lease covered by this section, or who knowingly interferes 

11 with the removal of such property from premises covered 

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

13 to subject any of such property to a claim for rent accru14 ing subsequent to the date of termination of such lease, 

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

19 amended to read as follows: 

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

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

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

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

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

25 amended to read as follows: 


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1 ‘‘(c) 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 (c) CLERICAL AMENDMENT.—The table of contents 

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

7 end the following new items: 

‘‘TITLE VIII—CIVIL LIABILITY FOR NONCOMPLIANCE 

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

‘‘Sec. 802. Private right of action. 

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

8 TITLE III—OTHER BENEFITS 

9 MATTERS 

10 SEC. 301. IMPROVEMENT OF OUTREACH ACTIVITIES WITH11 IN DEPARTMENT OF VETERANS AFFAIRS. 

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

13 at the end the following new subchapter: 

14 ‘‘SUBCHAPTER IV—OUTREACH ACTIVITIES 

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

16 within the Department 

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

18 shall establish and maintain procedures for ensuring the 

19 effective coordination of the outreach activities of the De20 partment between and among the following: 

21 ‘‘(1) The Office of the Secretary. 

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

23 ‘‘(3) The Veterans Health Administration. 


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1 ‘‘(4) The Veterans Benefits Administration. 

2 ‘‘(5) The National Cemetery Administration. 

3 ‘‘(b) ANNUAL REVIEW OF PROCEDURES.—The Sec4 retary shall— 

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

6 under subsection (a) for the purpose of ensuring 

7 that those procedures meet the requirements of that 

8 subsection; and 

9 ‘‘(2) make such modifications to those proce10 dures as the Secretary considers appropriate in light 

11 of such review in order to better achieve that pur12 pose. 

13 ‘‘§ 562. Outreach activities: cooperative activities 

14 with States; grants to States for improve15 ment of outreach 

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

17 provide for assistance by the Secretary to State and coun18 ty veterans agencies to carry out programs in locations 

19 within the respective jurisdictions of such agencies that 

20 offer a high probability of improving outreach and assist21 ance to veterans, and to the spouses, children, and parents 

22 of veterans, to ensure that such individuals are fully in23 formed about, and assisted in applying for, any veterans’ 

24 and veterans-related benefits and programs (including 

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


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1 ‘‘(b) PRIORITY FOR AREAS WITH HIGH CONCENTRA2 TION OF ELIGIBLE INDIVIDUALS.—In providing assist3 ance under this section, the Secretary shall give priority 

4 to State and county veteran agencies in locations— 

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

6 populations of veterans and other individuals re7 ferred to in subsection (a); or 

8 ‘‘(2) that are experiencing growth in the popu9 lation of veterans and other individuals referred to 

10 in subsection (a). 

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

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

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

14 or otherwise enhance outreach by the Department and the 

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

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

17 into any such contract, the Secretary shall require the 

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

19 plan for the use of any funds provided to the agency pur20 suant to the contract and to meet the annual outcome 

21 measures developed by the Secretary under subsection 

22 (d)(4). 

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

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

25 out, coordinate, improve, or otherwise enhance— 


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1 ‘‘(A) outreach activities, including activities car2 ried out pursuant to a contract entered into under 

3 subsection (c); and 

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

5 submittal of claims for veterans and veterans-related 

6 benefits, including activities carried out pursuant to 

7 a contract entered into under subsection (c). 

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

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

10 grant to county veterans agencies within the State to pro11 vide outreach services for veterans, on the basis of the 

12 number of veterans residing in the jurisdiction of each 

13 county. 

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

15 a State or county veterans agency shall submit to the Sec16 retary an application containing such information and as17 surances as the Secretary may require. The Secretary 

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

19 as part of the agency’s application— 

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

21 and 

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

23 which the agency will meet the annual outcome 

24 measures developed by the Secretary under para25 graph (4). 


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

2 the recipient of a grant under this subsection written guid3 ance on annual outcome measures, Department policies, 

4 and procedures for applying for grants under this section. 

5 ‘‘(B) The Secretary shall annually review the per6 formance of each State or county veterans agency that re7 ceives a grant under this section. 

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

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

10 does not meet the annual outcome measures developed by 

11 the Secretary, the Secretary shall require the agency to 

12 submit a remediation plan under which the agency shall 

13 describe how and when it plans to meet such outcome 

14 measures. The Secretary must approve such plan before 

15 the Secretary may make a subsequent grant to that agen16 cy under this subsection. 

17 ‘‘(5) No portion of any grant awarded under this sub18 section may be used for the purposes of administering the 

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

20 veterans service officers or other employees of a State or 

21 county veterans agency that receives a grant under this 

22 subsection. 

23 ‘‘(6) Federal funds provided to a State or county vet24 erans agency under this subsection may not be used to 

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


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1 or county government activities described in paragraph (1) 

2 and shall be used to expand existing outreach programs 

3 and services and not to supplant State and local funding 

4 that is otherwise available. 

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

6 Secretary shall give priority to State and county veterans 

7 agencies that serve the largest populations of veterans. 

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

9 not have a county veterans agency, the county government 

10 may be awarded a grant under this subsection to establish 

11 such an agency. 

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

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

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

15 this subsection, the State veterans agency for the State 

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

17 section to provide outreach services for that county. 

18 ‘‘(C) In the case of a State in which no State or coun19 ty veterans agency seeks to receive a grant under this sub20 section, the funds that would otherwise be allocated for 

21 that State shall be reallocated to those States in which 

22 county veterans agencies exist and have sought grants 

23 under this subsection. 

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

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1 ing, for State, county, and local government employees 

2 who provide (or when trained will provide) veterans out3 reach services in order for those employees to obtain ac4 creditation in accordance with procedures approved by the 

5 Secretary and, for employees so accredited, for purposes 

6 of continuing education. 

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

8 ‘‘(1) The term ‘State veterans agency’ means the ele9 ment of the government of a State that has responsibility 

10 for programs and activities of that State government relat11 ing to veterans benefits. 

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

13 element of the government of a county or municipality 

14 that has responsibility for programs and activities of that 

15 county or municipal government relating to veterans bene16 fits. 

17 ‘‘§ 563. Outreach activities: funding 

18 ‘‘(a) SEPARATE ACCOUNT.—Amounts for the out19 reach activities of the Department under this subchapter 

20 shall be budgeted and appropriated through a separate ap21 propriation account. 

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

23 budget justification materials submitted to Congress in 

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

25 submitted with the budget of the President under section 


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1 1105(a) of title 31), the Secretary shall include a separate 

2 statement of the amount requested to be appropriated for 

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

4 ‘‘§ 564. Definition of outreach 

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

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

7 manner to provide information, services, and benefits 

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

9 may be eligible to receive benefits under the laws adminis10 tered by the Secretary to ensure that those individuals are 

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

12 benefits and programs under such laws for which they may 

13 be eligible. 

14 ‘‘§ 565. Authorization of appropriations 

15 ‘‘There is authorized to be appropriated to the Sec16 retary for each of fiscal years 2011, 2012, and 2013, 

17 $25,000,000 to carry out this subchapter, including mak18 ing grants under section 562(d) of this title.’’. 

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

20 at the beginning of such chapter is amended by adding 

21 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.’’. 


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1 (c) DEADLINE FOR IMPLEMENTATION.—The Sec2 retary of Veterans Affairs shall implement the outreach 

3 activities required under subchapter IV of chapter 5 of 

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

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

6 of this Act. 

7 SEC. 302. VISUAL IMPAIRMENT AND ORIENTATION AND MO8 BILITY PROFESSIONALS EDUCATION ASSIST9 ANCE PROGRAM. 

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

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

12 ‘‘CHAPTER 80—VISUAL IMPAIRMENT AND 

13 ORIENTATION AND MOBILITY PROFES14 SIONALS EDUCATION ASSISTANCE 

15 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. 

16 ‘‘§ 8001. Establishment of scholarship program; pur17 pose 

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

19 appropriations, the Secretary shall establish and carry out 

20 a scholarship program to provide financial assistance in 

21 accordance with this chapter to an individual— 


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

2 enrolled in a program of study leading to a degree 

3 or certificate in visual impairment or orientation and 

4 mobility, or a dual degree or certification in both 

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

6 Secretary) educational institution that is in a State; 

7 and 

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

9 Secretary as described in section 8004 of this chap10 ter. 

11 ‘‘(b) PURPOSE.—The purpose of the scholarship pro12 gram established under this chapter is to increase the sup13 ply of qualified blind rehabilitation specialists for the De14 partment and the Nation. 

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

16 scholarship program established under this chapter to edu17 cational institutions throughout the United States, with 

18 an emphasis on disseminating information to such institu19 tions with high numbers of Hispanic students and to His20 torically Black Colleges and Universities. 

21 ‘‘§ 8002. Application and acceptance 

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

23 the scholarship program under this chapter, an individual 

24 shall submit to the Secretary an application for such par25 ticipation together with an agreement described in section 


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1 8004 of this chapter under which the participant agrees 

2 to serve a period of obligated service in the Department 

3 as provided in the agreement in return for payment of 

4 educational assistance as provided in the agreement. 

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

6 forms to individuals desiring to participate in the scholar7 ship program, the Secretary shall include with such forms 

8 the following: 

9 ‘‘(A) A fair summary of the rights and liabil10 ities of an individual whose application is approved 

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

12 ‘‘(B) A full description of the terms and condi13 tions that apply to participation in the scholarship 

14 program and service in the Department. 

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

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

17 the Secretary shall, in writing, promptly notify the indi18 vidual of that acceptance. 

19 ‘‘(2) An individual becomes a participant in the schol20 arship program upon such approval by the Secretary. 

21 ‘‘§ 8003. Amount of assistance; duration 

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

23 financial assistance provided for an individual under this 

24 chapter shall be the amount determined by the Secretary 

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1 vidual. In the case of an individual enrolled in a program 

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

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

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

5 necessary for the minimum number of credit hours to 

6 achieve such dual certification or degree. 

7 ‘‘(b) RELATIONSHIP TO OTHER ASSISTANCE.—Fi8 nancial assistance may be provided to an individual under 

9 this chapter to supplement other educational assistance to 

10 the extent that the total amount of educational assistance 

11 received by the individual during an academic year does 

12 not exceed the total tuition and fees for such academic 

13 year. 

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

15 case may the total amount of assistance provided under 

16 this chapter for an academic year to an individual who 

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

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

19 student, the total amount of assistance provided under 

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

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

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

23 by the individual as the coursework carried by the indi24 vidual to full-time coursework in that program of study. 


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

2 provided to an individual under this chapter exceed 

3 $45,000. 

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

5 Secretary may provide financial assistance to an individual 

6 under this chapter for not more than six years. 

7 ‘‘§ 8004. Agreement 

8 ‘‘An agreement between the Secretary and a partici9 pant in the scholarship program under this chapter shall 

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

11 include— 

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

13 participant with financial assistance as authorized 

14 under this chapter; 

15 ‘‘(2) the participant’s agreement— 

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

17 ‘‘(B) to maintain enrollment and attend18 ance in the program of study described in sec19 tion 8001(a)(1) of this chapter; 

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

21 maintain an acceptable level of academic stand22 ing (as determined by the educational institu23 tion offering such program under regulations 

24 prescribed by the Secretary); and 


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

2 serve as a full-time employee in the Department 

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

4 the first six years after the participant has com5 pleted such program and received a degree or 

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

7 this chapter; and 

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

9 Secretary determines appropriate for carrying out 

10 this chapter. 

11 ‘‘§ 8005. Repayment for failure to satisfy require12 ments of agreement 

13 ‘‘(a) IN GENERAL.—An individual who receives edu14 cational assistance under this chapter shall repay to the 

15 Secretary an amount equal to the unearned portion of 

16 such assistance if the individual fails to satisfy the require17 ments of the agreement entered into under section 8004 

18 of this chapter, except in circumstances authorized by the 

19 Secretary. 

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

21 establish, by regulations, procedures for determining the 

22 amount of the repayment required under this subsection 

23 and the circumstances under which an exception to the 

24 required repayment may be granted. 


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

2 The Secretary shall prescribe regulations providing for the 

3 waiver or suspension of any obligation of an individual for 

4 service or payment under this chapter (or an agreement 

5 under this chapter) whenever noncompliance by the indi6 vidual is due to circumstances beyond the control of the 

7 individual or whenever the Secretary determines that the 

8 waiver or suspension of compliance is in the best interest 

9 of the United States. 

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

11 An obligation to repay the Secretary under this section 

12 is, for all purposes, a debt owed the United States. A dis13 charge in bankruptcy under title 11 does not discharge 

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

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

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

17 (b) CLERICAL AMENDMENTS.—The tables of chap18 ters at the beginning of title 38, and of part V of title 

19 38, are each amended by inserting after the item relating 

20 to chapter 79 the following new item: 

‘‘80. Visual Impairment and Orientation and Mobility Professionals 

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

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

22 Affairs shall implement chapter 80 of title 38, United 

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

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


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1 SEC. 303. INTERMENT IN NATIONAL CEMETERIES OF PAR2 ENTS OF CERTAIN DECEASED VETERANS. 

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

4 ‘‘Corey Shea Act’’. 

5 (b) INTERMENT OF PARENTS OF CERTAIN DE6 CEASED VETERANS.—Section 2402 is amended— 

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

8 striking ‘‘Under such regulations’’ and inserting 

9 ‘‘(a) Under such regulations’’; 

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

11 through (8) two ems to the right; 

12 (3) by inserting after paragraph (8) the fol13 lowing new paragraph: 

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

15 subparagraph (B), if the Secretary determines that 

16 there is available space at the gravesite where the 

17 person described in subparagraph (B) is interred. 

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

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

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

21 training-related injury; 

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

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

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

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


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1 be eligible for burial in a national cemetery pur2 suant to paragraph (5).’’; and 

3 (4) by adding at the end the following new sub4 section: 

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

6 ‘‘(1) The term ‘parent’ means a biological fa7 ther or a biological mother or, in the case of adop8 tion, a father through adoption or a mother through 

9 adoption. 

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

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

12 direct result of hostile action with the enemy, while 

13 in combat, while going to or returning from a com14 bat mission if the cause of death was directly related 

15 to hostile action, or while hospitalized or undergoing 

16 treatment at the expense of the United States for in17 jury incurred during combat, and includes a person 

18 killed mistakenly or accidentally by friendly fire di19 rected at a hostile force or what is thought to be a 

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

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

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

23 an absent-without-leave, deserter, or dropped-from24 rolls status or was voluntarily absent from a place 

25 of duty. 


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

2 an injury incurred by a member of the Armed 

3 Forces while performing authorized training activi4 ties in preparation for a combat mission.’’. 

5 (c) GUIDANCE REQUIRED.—The Secretary of Vet6 erans Affairs, in consultation with the Secretary of De7 fense, shall develop guidance under which the parent of 

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

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

10 designated for interment in a national cemetery under that 

11 section. 

12 (d) CONFORMING AMENDMENTS.— 

13 (1) CROSS-REFERENCE CORRECTION.—Section 

14 107 is amended by striking ‘‘section 2402(8)’’ both 

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

16 (2) CROSS-REFERENCE CORRECTION.—Section 

17 2301(e) is amended by striking ‘‘section 2402(6)’’ 

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

19 (3) CROSS-REFERENCE CORRECTION.—Section 

20 2306(a) is amended— 

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

22 2402(4)’’ and inserting ‘‘section 2402(a)(4)’’; 

23 and 

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

25 2402(5)’’ and inserting ‘‘section 2402(a)(5)’’. 


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

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

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

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

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

6 on or after October 7, 2001. 


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Union Calendar No. 186 

111TH CONGRESS 

1ST SESSION H. R. 3949 

[Report No. 111–324] 

A BILL 

To amend title 38, United States Code, and the 

and for other purposes. ministered by the Secretary of Veterans Affairs, improvements in the laws relating to benefits adServicemember Civil Relief Act, to make certain 

NOVEMBER 2, 2009 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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