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 pur-
poses. 
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 Servicemem-
ber Civil Relief Act, to make certain improvements in 
the laws relating to benefits administered by the Sec-
retary of Veterans Affairs, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Veterans’ 
Small 
Business 
Assistance 
and 
Servicemembers Protection 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. 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 con-
trolled 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 edu-
cation assistance program. 
Sec. 303. Interment in national cemeteries of parents of certain deceased vet-
erans. 
SEC. 2. REFERENCES 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 provi-
sion, the reference shall be considered to be made to a 
section or other provision of title 38, United States Code. 
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TITLE I—SMALL BUSINESS AND 
EDUCATION MATTERS 
SEC. 101. CLARIFICATION OF RESPONSIBILITY OF SEC-
RETARY OF VETERANS AFFAIRS TO VERIFY 
SMALL BUSINESS OWNERSHIP. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Veterans Small Business Verification Act’’. 
(b) CLARIFICATION
OF RESPONSIBILITY
OF SEC-
RETARY OF VETERANS AFFAIRS TO VERIFY SMALL BUSI-
NESS OWNERSHIP.— 
(1) 
CLARIFICATION.—Section 
8127(f) 
is 
amended— 
(A) in paragraph (2)— 
(i) by inserting ‘‘(A)’’ before ‘‘To be 
eligible’’; 
(ii) by inserting after ‘‘or the vet-
eran.’’ the following new sentence: ‘‘Appli-
cation for inclusion in the database shall 
constitute permission under section 552a 
of title 5 (commonly referred to as the Pri-
vacy Act) for the Secretary to access such 
personal information maintained by the 
Secretary as may be necessary to verify the 
information contained in the application.’’; 
and 
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(2) APPLICABILITY.—In the case of a small 
business concern included in the database as of the 
date of the enactment of this Act for which, as of 
such date, the Secretary of Veterans Affairs has not 
verified the status of such concern in accordance 
with paragraph (4) of subsection (f) of section 8127 
of title 38, United States Code, as amended by sub-
section (a), not later than 60 days after the date of 
the enactment of this Act, the Secretary shall notify 
the person who owns or controls the concern that— 
(A) the Secretary is required to verify the 
status of the concern in accordance with such 
paragraph; 
(B) verification of such status shall require 
that the person who owns or controls the con-
cern apply for inclusion in the database in ac-
cordance with such subsection, as so amended; 
(C) application for inclusion in the data-
base shall constitute permission under section 
552a of title 5, United States Code (commonly 
referred to as the Privacy Act), for the Sec-
retary to access such personal information 
maintained by the Secretary as may be nec-
essary to verify the information contained in 
the application; and 
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(D) the person who owns or controls the 
concern must submit to the Secretary an af-
firmative acknowledgment of the requirement 
under paragraph (3) within 90 days of receiving 
the Secretary’s notice of such requirement or 
the concern shall be removed from the data-
base. 
SEC. 102. IMPROVEMENT OF DEPARTMENT OF VETERANS 
AFFAIRS CONTRACTING GOALS AND PREF-
ERENCES FOR SMALL BUSINESS CONCERNS 
OWNED AND CONTROLLED BY VETERANS. 
(a) IN GENERAL.—Section 8127, as amended by sec-
tion 101, is further amended in subsection (c), by striking 
‘‘may’’ and inserting ‘‘shall’’. 
(b) DEADLINE FOR INTERIM POLICY GUIDANCE.— 
By not later than 30 days after the date of the enactment 
of this Act, the Secretary of Veterans Affairs shall issue 
interim policy guidance to carry out the amendment made 
by subsection (a). 
SEC. 103. REAUTHORIZATION OF VETERANS’ ADVISORY 
COMMITTEE ON EDUCATION. 
Section 3692(c) is amended by striking ‘‘December 
31, 2009’’ and inserting ‘‘December 31, 2015’’. 
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TITLE II—SERVICEMEMBERS 
CIVIL RELIEF ACT MATTERS 
SEC. 201. TERMINATION OF SERVICE CONTRACTS. 
(a) 
IN
GENERAL.—Section 
305A 
of 
the 
Servicemembers Civil Relief Act (50 U.S.C. App. 535a) 
is amended to read as follows: 
‘‘SEC. 305A. TERMINATION OF SERVICE CONTRACTS. 
‘‘(a) TERMINATION BY SERVICEMEMBER.—A service-
member may terminate a contract described in subsection 
(c) at any time after the date the servicemember receives 
military orders— 
‘‘(1) to deploy with a military unit, or as an in-
dividual, in support of a contingency operation for a 
period of not less than 90 days; or 
‘‘(2) for a change of permanent station to a lo-
cation that does not support the contract. 
‘‘(b) SPECIAL RULE FOR CELLULAR OR TELEPHONE 
EXCHANGE SERVICE.—In any case in which a contract 
being terminated under subsection (a) or (d) is for cellular 
telephone service or telephone exchange service, the serv-
icemember may keep, to the extent practicable and in ac-
cordance with applicable law, the telephone number the 
servicemember has under the contract for a period not to 
exceed 90 days after the period of deployment or change 
of permanent station has concluded. 
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‘‘(c) COVERED CONTRACTS.—This section applies to 
a contract for cellular telephone service, telephone ex-
change service, multichannel video programming service, 
Internet access service, or residential utility service involv-
ing the provision of water, electricity, home heating oil, 
or natural gas. 
‘‘(d) FAMILY PLANS.—In the case of a contract for 
cellular telephone service entered into by any individual 
in which a servicemember is a designated beneficiary of 
such contract, the individual may terminate such con-
tract— 
‘‘(1) with respect to the servicemember if the 
servicemember is eligible to terminate contracts pur-
suant to subsection (a); and 
‘‘(2) with respect to all of the designated bene-
ficiaries of such contract if all such beneficiaries ac-
company the servicemember in a change of perma-
nent station to a location that does not support the 
contract. 
‘‘(e) MANNER OF TERMINATION.—Termination of a 
contract under subsection (a) or (d) shall be made by de-
livery of a written notice of such termination and a copy 
of the servicemember’s military orders to the service pro-
vider, delivered— 
‘‘(1) by hand delivery; 
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‘‘(2) by private business carrier; 
‘‘(3) by facsimile; or 
‘‘(4) by United States mail, addressed as des-
ignated by the service provider, return receipt re-
quested, with sufficient postage. 
‘‘(f) DATE
OF CONTRACT TERMINATION.—Termi-
nation of a contract under subsection (a) or (d) is effective 
as of the date on which the notice under subsection (e) 
is delivered. 
‘‘(g) OTHER OBLIGATIONS AND LIABILITIES.—The 
service provider under the contract may not impose an 
early termination charge, but any tax or any other obliga-
tion or liability of the servicemember that, in accordance 
with the terms of the contract, is due and unpaid or 
unperformed at the time of termination of the contract 
shall be paid or performed by the servicemember. If the 
servicemember re-subscribes to the service provided under 
a covered contract in the 90-day period after the period 
of deployment or change of permanent station has con-
cluded, the service provider may not impose a charge for 
reinstating service, other than a charge to cover any cost 
of installing or acquiring new equipment that existing cus-
tomers received, and for which such customers paid a simi-
lar charge, during such period. 
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‘‘(h) RETURN OF ADVANCE PAYMENTS.—Not later 
than 60 days after the effective date of the termination 
of the contract, the service provider shall refund to the 
servicemember any fee or other amount to the extent paid 
for a period extending after such date, except for the re-
mainder of the monthly or similar billing period in which 
the termination occurs if it is not reasonably possible to 
determine a pro-rata amount for such remainder. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) The term ‘cellular telephone service’ means 
commercial mobile service, as that term is defined in 
section 332(d) of the Communications Act of 1934 
(47 U.S.C. 332(d)). 
‘‘(2) The term ‘contingency operation’ has the 
meaning given that term by section 101(a)(13) of 
title 10, United States Code. 
‘‘(3) The term ‘Internet access service’ has the 
meaning given that term under section 231(e)(4) of 
the Communications Act of 1934 (47 U.S.C. 
231(e)(4)). 
‘‘(4) The term ‘multichannel video program-
ming service’ means video programming service pro-
vided by a multichannel video programming dis-
tributor, as such term is defined in section 602(13) 
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of the Communications Act of 1934 (47 U.S.C. 
522(13)). 
‘‘(5) The term ‘telephone exchange service’ has 
the meaning given that term under section 3 of the 
Communications Act of 1934 (47 U.S.C. 153).’’. 
(b) TECHNICAL AMENDMENT TO CONFORM HEAD-
ING OF TITLE III TO THE CONTENTS OF THE TITLE.— 
The heading for title III of such Act is amended by insert-
ing ‘‘, SERVICE CONTRACTS’’ after ‘‘LEASES’’. 
(c) CLERICAL AMENDMENTS.—The table of contents 
in section 1(b) of such Act is amended— 
(1) by striking the item relating to title III and 
inserting the following new item: 
‘‘TITLE III. RENT, INSTALLMENT CONTRACTS, MORTGAGES, 
LIENS, ASSIGNMENT, LEASES, SERVICE CONTRACTS’’; 
and 
(2) by striking the item relating to section 
305A and inserting the following new item: 
‘‘Sec. 305A. Termination of service contracts.’’. 
SEC. 202. RESIDENTIAL AND MOTOR VEHICLE LEASES. 
Subsection (e) of section 305 of the Servicemembers 
Civil Relief Act (50 U.S.C. App. 535) is amended to read 
as follows: 
‘‘(e) ARREARAGES AND OTHER OBLIGATIONS AND 
LIABILITIES.— 
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‘‘(1) LEASES OF PREMISES.—Rent amounts for 
a lease described in subsection (b)(1) that are un-
paid for the period preceding the effective date of 
the lease termination shall be paid on a prorated 
basis. The lessor may not impose an early termi-
nation charge, but any taxes, summonses, or other 
obligations and liabilities of the lessee in accordance 
with the terms of the lease, including reasonable 
charges to the lessee for excess wear, that are due 
and unpaid at the time of termination of the lease 
shall be paid by the lessee. 
‘‘(2) LEASES
OF
MOTOR
VEHICLES.—Lease 
amounts for a lease described in subsection (b)(2) 
that are unpaid for the period preceding the effective 
date of the lease termination shall be paid on a pro-
rated basis. The lessor may not impose an early ter-
mination charge, but any taxes, summonses, title 
and registration fees, or other obligations and liabil-
ities of the lessee in accordance with the terms of 
the lease, including reasonable charges to the lessee 
for excess wear or use and mileage, that are due and 
unpaid at the time of termination of the lease shall 
be paid by the lessee.’’. 
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SEC. 203. ENFORCEMENT BY THE ATTORNEY GENERAL AND 
BY PRIVATE RIGHT OF ACTION. 
(a) IN GENERAL.—The Servicemembers Civil Relief 
Act (50 U.S.C. App. 501 et seq.) is amended by adding 
at the end the following new title: 
‘‘TITLE VIII—CIVIL LIABILITY 
‘‘SEC. 801. ENFORCEMENT BY THE ATTORNEY GENERAL. 
‘‘(a) CIVIL ACTION.—The Attorney General may 
commence a civil action in any appropriate United States 
district court against any person who— 
‘‘(1) engages in a pattern or practice of vio-
lating this Act; or 
‘‘(2) engages in a violation of this Act that 
raises an issue of significant public importance. 
‘‘(b) RELIEF.—In a civil action commenced under 
subsection (a), the court may— 
‘‘(1) grant any appropriate equitable or declara-
tory relief with respect to the violation; 
‘‘(2) award all other appropriate relief, includ-
ing monetary damages, to any person aggrieved by 
the violation; and 
‘‘(3) may, to vindicate the public interest, as-
sess a civil penalty— 
‘‘(A) in an amount not exceeding $55,000 
for a first violation; and 
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‘‘(B) in an amount not exceeding $110,000 
for any subsequent violation. 
‘‘(c) INTERVENTION.—Upon timely application, a 
person aggrieved by a violation with respect to which the 
civil action is commenced may intervene in such action, 
and may obtain such appropriate relief as the person could 
obtain in a civil action under section 802 with respect to 
that violation, along with costs and a reasonable attorney 
fee. 
‘‘SEC. 802. PRIVATE RIGHT OF ACTION. 
‘‘(a) IN GENERAL.—Any person aggrieved by a viola-
tion of this Act may in a civil action— 
‘‘(1) obtain any appropriate equitable or declar-
atory relief with respect to the violation; and 
‘‘(2) recover all other appropriate relief, includ-
ing monetary damages. 
‘‘(b) COSTS AND ATTORNEY FEES.—The court may 
award to a servicemember who prevails in an action 
brought under subsection (a) the costs of the action, in-
cluding a reasonable attorney fee. 
‘‘SEC. 803. PRESERVATION OF REMEDIES. 
‘‘Nothing in section 801 or 802 shall be construed 
to preclude or limit any remedy otherwise available under 
other law, including consequential and punitive dam-
ages.’’. 
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(b) CONFORMING AMENDMENTS.—Such Act is fur-
ther amended as follows: 
(1) Section 207 (50 U.S.C. App. 527) is 
amended by striking subsection (f). 
(2) Section 301(c) (50 U.S.C. App. 531(c)) is 
amended to read as follows: 
‘‘(c) MISDEMEANOR.—Except as provided in sub-
section (a), a person who knowingly takes part in an evic-
tion or distress described in subsection (a), or who know-
ingly attempts to do so, shall be fined as provided in title 
18, United States Code, or imprisoned for not more than 
one year, or both.’’. 
(3) Section 302(b) (50 U.S.C. App. 532(b)) is 
amended to read as follows: 
‘‘(b) MISDEMEANOR.—A person who knowingly re-
sumes possession of property in violation of subsection (a), 
or in violation of section 107 of this Act, or who knowingly 
attempts to do so, shall be fined as provided in title 18, 
United States Code, or imprisoned for not more than one 
year, or both.’’. 
(4) Section 303(d) (50 U.S.C. App. 533(d)) is 
amended to read as follows: 
‘‘(d) MISDEMEANOR.—A person who knowingly 
makes or causes to be made a sale, foreclosure, or seizure 
of property that is prohibited by subsection (c), or who 
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knowingly attempts to do so, shall be fined as provided 
in title 18, United States Code, or imprisoned for not more 
than one year, or both.’’. 
(5) Section 305(h) (50 U.S.C. App. 535(h)) is 
amended to read as follows: 
‘‘(h) MISDEMEANOR.—Any person who knowingly 
seizes, holds, or detains the personal effects, security de-
posit, or other property of a servicemember or a 
servicemember’s dependent who lawfully terminates a 
lease covered by this section, or who knowingly interferes 
with the removal of such property from premises covered 
by such lease, for the purpose of subjecting or attempting 
to subject any of such property to a claim for rent accru-
ing subsequent to the date of termination of such lease, 
or attempts to do so, shall be fined as provided in title 
18, United States Code, or imprisoned for not more than 
one year, or both.’’. 
(6) Section 306(e) (50 U.S.C. App. 536(e)) is 
amended to read as follows: 
‘‘(e) MISDEMEANOR.—A person who knowingly takes 
an action contrary to this section, or attempts to do so, 
shall be fined as provided in title 18, United States Code, 
or imprisoned for not more than one year, or both.’’. 
(7) Section 307(c) (50 U.S.C. App. 537(c)) is 
amended to read as follows: 
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