111TH CONGRESS 
1ST SESSION H. R. 3949 
AN ACT 
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. 
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. 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.
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
(iii) by inserting after the sentence 
added by subparagraph (B) the following 
new subparagraph: 
‘‘(B) If the Secretary receives an application for in-
clusion in the database from an individual whose status 
as a veteran cannot be verified because the Secretary does 
not maintain information with respect to the veteran sta-
tus of the individual, the Secretary may not include the 
small business concern owned or controlled by the indi-
vidual in the database maintained by the Secretary until 
the Secretary receives such information as may be nec-
essary to verify that the individual is a veteran.’’; and 
(B) by striking paragraph (4) and insert-
ing the following new paragraph (4): 
‘‘(4) No small business concern may be listed in the 
database until the Secretary has verified that— 
‘‘(A) the small business concern is owned and 
controlled by veterans; and 
‘‘(B) in the case of a small business concern for 
which the person who owns or controls the concern 
indicates that the person is a veteran with a service- 
connected disability, that the person is a veteran 
with a service-connected disability.’’. 
(2) APPLICABILITY.—In the case of a small 
business concern included in the database as of the
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. REAUTHORIZATION OF VETERANS’ ADVISORY 
COMMITTEE ON EDUCATION. 
Section 3692(c) is amended by striking ‘‘December 
31, 2009’’ and inserting ‘‘December 31, 2015’’. 
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. 
‘‘(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; 
‘‘(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. 
‘‘(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) 
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.— 
‘‘(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.’’. 
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
‘‘SUBCHAPTER IV—OUTREACH ACTIVITIES 
‘‘§ 561. Outreach activities: coordination of activities 
within the Department 
‘‘(a) COORDINATION PROCEDURES.—The Secretary 
shall establish and maintain procedures for ensuring the 
effective coordination of the outreach activities of the De-
partment between and among the following: 
‘‘(1) The Office of the Secretary. 
‘‘(2) The Office of Public Affairs. 
‘‘(3) The Veterans Health Administration. 
‘‘(4) The Veterans Benefits Administration. 
‘‘(5) The National Cemetery Administration. 
‘‘(b) ANNUAL REVIEW OF PROCEDURES.—The Sec-
retary shall— 
‘‘(1) annually review the procedures in effect 
under subsection (a) for the purpose of ensuring 
that those procedures meet the requirements of that 
subsection; and 
‘‘(2) make such modifications to those proce-
dures as the Secretary considers appropriate in light 
of such review in order to better achieve that pur-
pose.
‘‘§ 562. Outreach activities: cooperative activities 
with States; grants to States for improve-
ment of outreach 
‘‘(a) PURPOSE.—It is the purpose of this section to 
provide for assistance by the Secretary to State and coun-
ty veterans agencies to carry out programs in locations 
within the respective jurisdictions of such agencies that 
offer a high probability of improving outreach and assist-
ance to veterans, and to the spouses, children, and parents 
of veterans, to ensure that such individuals are fully in-
formed about, and assisted in applying for, any veterans’ 
and veterans-related benefits and programs (including 
State veterans’ programs) for which they may be eligible. 
‘‘(b) PRIORITY FOR AREAS WITH HIGH CONCENTRA-
TION OF ELIGIBLE INDIVIDUALS.—In providing assist-
ance under this section, the Secretary shall give priority 
to State and county veteran agencies in locations— 
‘‘(1) that have relatively large concentrations of 
populations of veterans and other individuals re-
ferred to in subsection (a); or 
‘‘(2) that are experiencing growth in the popu-
lation of veterans and other individuals referred to 
in subsection (a). 
‘‘(c) CONTRACTS FOR OUTREACH SERVICES.—The 
Secretary may enter into a contract with a State or county 
veterans agency in order to carry out, coordinate, improve,
or otherwise enhance outreach by the Department and the 
State or county (including outreach with respect to a State 
or county veterans program). As a condition of entering 
into any such contract, the Secretary shall require the 
agency to submit annually to the Secretary a three-year 
plan for the use of any funds provided to the agency pur-
suant to the contract and to meet the annual outcome 
measures developed by the Secretary under subsection 
(d)(4). 
‘‘(d) GRANTS.—(1) The Secretary may make a grant 
to a State or county veterans agency to be used to carry 
out, coordinate, improve, or otherwise enhance— 
‘‘(A) outreach activities, including activities car-
ried out pursuant to a contract entered into under 
subsection (c); and 
‘‘(B) activities to assist in the development and 
submittal of claims for veterans and veterans-related 
benefits, including activities carried out pursuant to 
a contract entered into under subsection (c). 
‘‘(2) A State veterans agency that receives a grant 
under this subsection may award all or a portion of the 
grant to county veterans agencies within the State to pro-
vide outreach services for veterans, on the basis of the 
number of veterans residing in the jurisdiction of each 
county.
‘‘(3) To be eligible for a grant under this subsection, 
a State or county veterans agency shall submit to the Sec-
retary an application containing such information and as-
surances as the Secretary may require. The Secretary 
shall require a State or county veterans agency to include, 
as part of the agency’s application— 
‘‘(A) a three-year plan for the use of the grant; 
and 
‘‘(B) a description of the programs through 
which the agency will meet the annual outcome 
measures developed by the Secretary under para-
graph (4). 
‘‘(4)(A) The Secretary shall develop and provide to 
the recipient of a grant under this subsection written guid-
ance on annual outcome measures, Department policies, 
and procedures for applying for grants under this section. 
‘‘(B) The Secretary shall annually review the per-
formance of each State or county veterans agency that re-
ceives a grant under this section. 
‘‘(C) In the case of a State or county veterans agency 
that is a recipient of a grant under this subsection that 
does not meet the annual outcome measures developed by 
the Secretary, the Secretary shall require the agency to 
submit a remediation plan under which the agency shall 
describe how and when it plans to meet such outcome
measures. The Secretary must approve such plan before 
the Secretary may make a subsequent grant to that agen-
cy under this subsection. 
‘‘(5) No portion of any grant awarded under this sub-
section may be used for the purposes of administering the 
grant funds or to subsidize the salaries of State or county 
veterans service officers or other employees of a State or 
county veterans agency that receives a grant under this 
subsection. 
‘‘(6) Federal funds provided to a State or county vet-
erans agency under this subsection may not be used to 
provide more than 50 percent of the total cost of the State 
or county government activities described in paragraph (1) 
and shall be used to expand existing outreach programs 
and services and not to supplant State and local funding 
that is otherwise available. 
‘‘(7) In awarding grants under this subsection, the 
Secretary shall give priority to State and county veterans 
agencies that serve the largest populations of veterans. 
‘‘(8)(A) In a case in which a county government does 
not have a county veterans agency, the county government 
may be awarded a grant under this subsection to establish 
such an agency. 
‘‘(B) In a case in which a county government does 
not have a county veterans agency and does not seek to
establish such an agency through the use of a grant under 
this subsection, the State veterans agency for the State 
in which the county is located may use a grant under this 
section to provide outreach services for that county. 
‘‘(C) In the case of a State in which no State or coun-
ty veterans agency seeks to receive a grant under this sub-
section, the funds that would otherwise be allocated for 
that State shall be reallocated to those States in which 
county veterans agencies exist and have sought grants 
under this subsection. 
‘‘(9) A grant under this subsection may be used to 
provide education and training, including on-the-job train-
ing, for State, county, and local government employees 
who provide (or when trained will provide) veterans out-
reach services in order for those employees to obtain ac-
creditation in accordance with procedures approved by the 
Secretary and, for employees so accredited, for purposes 
of continuing education. 
‘‘(e) DEFINITIONS.—For the purposes of this section: 
‘‘(1) The term ‘State veterans agency’ means the ele-
ment of the government of a State that has responsibility 
for programs and activities of that State government relat-
ing to veterans benefits. 
‘‘(2) The term ‘county veterans agency’ means the 
element of the government of a county or municipality
that has responsibility for programs and activities of that 
county or municipal government relating to veterans bene-
fits. 
‘‘§ 563. Outreach activities: funding 
‘‘(a) SEPARATE ACCOUNT.—Amounts for the out-
reach activities of the Department under this subchapter 
shall be budgeted and appropriated through a separate ap-
propriation account. 
‘‘(b) SEPARATE STATEMENT OF AMOUNT.—In the 
budget justification materials submitted to Congress in 
support of the Department budget for any fiscal year (as 
submitted with the budget of the President under section 
1105(a) of title 31), the Secretary shall include a separate 
statement of the amount requested to be appropriated for 
that fiscal year for the account specified in subsection (a). 
‘‘§ 564. Definition of outreach 
‘‘For purposes of this subchapter, the term ‘outreach’ 
means the act or process of taking steps in a systematic 
manner to provide information, services, and benefits 
counseling to veterans, and the survivors of veterans, who 
may be eligible to receive benefits under the laws adminis-
tered by the Secretary to ensure that those individuals are 
fully informed about, and assisted in applying for, any 
benefits and programs under such laws for which they may 
be eligible.
‘‘§ 565. Authorization of appropriations 
‘‘There is authorized to be appropriated to the Sec-
retary for each of fiscal years 2011, 2012, and 2013, 
$25,000,000 to carry out this subchapter, including mak-
ing grants under section 562(d) of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
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.’’. 
(c) DEADLINE
FOR IMPLEMENTATION.—The Sec-
retary of Veterans Affairs shall implement the outreach 
activities required under subchapter IV of chapter 5 of 
title 38, United States Code, as added by subsection (a), 
by not later than 120 days after the date of the enactment 
of this Act. 
SEC. 302. VISUAL IMPAIRMENT AND ORIENTATION AND MO-
BILITY PROFESSIONALS EDUCATION ASSIST-
ANCE PROGRAM. 
(a) ESTABLISHMENT
OF
PROGRAM.—Part V is 
amended by adding at the end the following new chapter:
‘‘CHAPTER 80—VISUAL IMPAIRMENT AND 
ORIENTATION AND MOBILITY PROFES-
SIONALS 
EDUCATION 
ASSISTANCE 
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. 
‘‘§ 8001. Establishment of scholarship program; pur-
pose 
‘‘(a) ESTABLISHMENT.—Subject to the availability of 
appropriations, the Secretary shall establish and carry out 
a scholarship program to provide financial assistance in 
accordance with this chapter to an individual— 
‘‘(1) who is accepted for enrollment or currently 
enrolled in a program of study leading to a degree 
or certificate in visual impairment or orientation and 
mobility, or a dual degree or certification in both 
such areas, at an accredited (as determined by the 
Secretary) educational institution that is in a State; 
and 
‘‘(2) who enters into an agreement with the 
Secretary as described in section 8004 of this chap-
ter. 
‘‘(b) PURPOSE.—The purpose of the scholarship pro-
gram established under this chapter is to increase the sup-
ply of qualified blind rehabilitation specialists for the De-
partment and the Nation. 
‘‘(c) OUTREACH.—The Secretary shall publicize the 
scholarship program established under this chapter to edu-
cational institutions throughout the United States, with 
an emphasis on disseminating information to such institu-
tions with high numbers of Hispanic students and to His-
torically Black Colleges and Universities. 
‘‘§ 8002. Application and acceptance 
‘‘(a) APPLICATION.—(1) To apply and participate in 
the scholarship program under this chapter, an individual 
shall submit to the Secretary an application for such par-
ticipation together with an agreement described in section 
8004 of this chapter under which the participant agrees 
to serve a period of obligated service in the Department 
as provided in the agreement in return for payment of 
educational assistance as provided in the agreement. 
‘‘(2) In distributing application forms and agreement 
forms to individuals desiring to participate in the scholar-
ship program, the Secretary shall include with such forms 
the following: 
‘‘(A) A fair summary of the rights and liabil-
ities of an individual whose application is approved 
(and whose agreement is accepted) by the Secretary.
‘‘(B) A full description of the terms and condi-
tions that apply to participation in the scholarship 
program and service in the Department. 
‘‘(b) APPROVAL.—(1) Upon the Secretary’s approval 
of an individual’s participation in the scholarship program, 
the Secretary shall, in writing, promptly notify the indi-
vidual of that acceptance. 
‘‘(2) An individual becomes a participant in the schol-
arship program upon such approval by the Secretary. 
‘‘§ 8003. Amount of assistance; duration 
‘‘(a) AMOUNT OF ASSISTANCE.—The amount of the 
financial assistance provided for an individual under this 
chapter shall be the amount determined by the Secretary 
as being necessary to pay the tuition and fees of the indi-
vidual. In the case of an individual enrolled in a program 
of study leading to a dual degree or certification in both 
the areas of study described in section 8001(a)(1) of this 
chapter, the tuition and fees shall not exceed the amounts 
necessary for the minimum number of credit hours to 
achieve such dual certification or degree. 
‘‘(b) RELATIONSHIP TO OTHER ASSISTANCE.—Fi-
nancial assistance may be provided to an individual under 
this chapter to supplement other educational assistance to 
the extent that the total amount of educational assistance 
received by the individual during an academic year does
not exceed the total tuition and fees for such academic 
year. 
‘‘(c) MAXIMUM AMOUNT OF ASSISTANCE.—(1) In no 
case may the total amount of assistance provided under 
this chapter for an academic year to an individual who 
is a full-time student exceed $15,000. 
‘‘(2) In the case of an individual who is a part-time 
student, the total amount of assistance provided under 
this chapter shall bear the same ratio to the amount that 
would be paid under paragraph (1) if the participant were 
a full-time student in the program of study being pursued 
by the individual as the coursework carried by the indi-
vidual to full-time coursework in that program of study. 
‘‘(3) In no case may the total amount of assistance 
provided to an individual under this chapter exceed 
$45,000. 
‘‘(d) MAXIMUM DURATION
OF ASSISTANCE.—The 
Secretary may provide financial assistance to an individual 
under this chapter for not more than six years. 
‘‘§ 8004. Agreement 
‘‘An agreement between the Secretary and a partici-
pant in the scholarship program under this chapter shall 
be in writing, shall be signed by the participant, and shall 
include—
‘‘(1) the Secretary’s agreement to provide the 
participant with financial assistance as authorized 
under this chapter; 
‘‘(2) the participant’s agreement— 
‘‘(A) to accept such financial assistance; 
‘‘(B) to maintain enrollment and attend-
ance in the program of study described in sec-
tion 8001(a)(1) of this chapter; 
‘‘(C) while enrolled in such program, to 
maintain an acceptable level of academic stand-
ing (as determined by the educational institu-
tion offering such program under regulations 
prescribed by the Secretary); and 
‘‘(D) after completion of the program, to 
serve as a full-time employee in the Department 
for a period of three years, to be served within 
the first six years after the participant has com-
pleted such program and received a degree or 
certificate described in section 8001(a)(1) of 
this chapter; and 
‘‘(3) any other terms and conditions that the 
Secretary determines appropriate for carrying out 
this chapter.
‘‘§ 8005. Repayment for failure to satisfy require-
ments of agreement 
‘‘(a) IN GENERAL.—An individual who receives edu-
cational assistance under this chapter shall repay to the 
Secretary an amount equal to the unearned portion of 
such assistance if the individual fails to satisfy the require-
ments of the agreement entered into under section 8004 
of this chapter, except in circumstances authorized by the 
Secretary. 
‘‘(b) AMOUNT OF REPAYMENT.—The Secretary shall 
establish, by regulations, procedures for determining the 
amount of the repayment required under this subsection 
and the circumstances under which an exception to the 
required repayment may be granted. 
‘‘(c) WAIVER OR SUSPENSION OF COMPLIANCE.— 
The Secretary shall prescribe regulations providing for the 
waiver or suspension of any obligation of an individual for 
service or payment under this chapter (or an agreement 
under this chapter) whenever noncompliance by the indi-
vidual is due to circumstances beyond the control of the 
individual or whenever the Secretary determines that the 
waiver or suspension of compliance is in the best interest 
of the United States. 
‘‘(d) OBLIGATION AS DEBT TO UNITED STATES.— 
An obligation to repay the Secretary under this section 
is, for all purposes, a debt owed the United States. A dis-
charge in bankruptcy under title 11 does not discharge 
a person from such debt if the discharge order is entered 
less than five years after the date of the termination of 
the agreement or contract on which the debt is based.’’. 
(b) CLERICAL AMENDMENTS.—The tables of chap-
ters at the beginning of title 38, United States Code, and 
of part V of such title, are each amended by inserting after 
the item relating to chapter 79 the following new item: 
‘‘80. Visual Impairment and Orientation and Mobility Professionals 
Education Assistance Program ..................................... 8001’’. 
(c) EFFECTIVE DATE.—The Secretary of Veterans 
Affairs shall implement chapter 80 of title 38, United 
States Code, as added by subsection (a), not later than 
six months after the date of the enactment of this Act. 
SEC. 303. INTERMENT IN NATIONAL CEMETERIES OF PAR-
ENTS OF CERTAIN DECEASED VETERANS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Corey Shea Act’’. 
(b) INTERMENT
OF PARENTS
OF CERTAIN DE-
CEASED VETERANS.—Section 2402 is amended— 
(1) In the matter preceding paragraph (1), by 
striking ‘‘Under such regulations’’ and inserting 
‘‘(a) Under such regulations’’; 
(2) by moving the margins of paragraphs (1) 
through (8) two ems to the right;
(3) by inserting after paragraph (8) the fol-
lowing new paragraph: 
‘‘(9)(A) The parent of a person described in 
subparagraph (B), if the Secretary determines that 
there is available space at the gravesite where the 
person described in subparagraph (B) is interred. 
‘‘(B) A person described in this subparagraph 
is a person described in paragraph (1) who— 
‘‘(i) is a hostile casualty or died from a 
training-related injury; 
‘‘(ii) is interred in a national cemetery; and 
‘‘(iii) at the time of the person’s parent’s 
death, did not have a spouse, surviving spouse, 
or child who is buried or who, upon death, may 
be eligible for burial in a national cemetery pur-
suant to paragraph (5).’’; and 
(4) by adding at the end the following new sub-
section: 
‘‘(b) For purposes of subsection (a)(9) of this section: 
‘‘(1) The term ‘parent’ means a biological fa-
ther or a biological mother or, in the case of adop-
tion, a father through adoption or a mother through 
adoption. 
‘‘(2) The term ‘hostile casualty’ means a person 
who, as a member of the Armed Forces, dies as the
direct result of hostile action with the enemy, while 
in combat, while going to or returning from a com-
bat mission if the cause of death was directly related 
to hostile action, or while hospitalized or undergoing 
treatment at the expense of the United States for in-
jury incurred during combat, and includes a person 
killed mistakenly or accidentally by friendly fire di-
rected at a hostile force or what is thought to be a 
hostile force, but does not include a person who dies 
due to the elements, a self-inflicted wound, combat 
fatigue, or a friendly force while the person was in 
an absent-without-leave, deserter, or dropped-from- 
rolls status or was voluntarily absent from a place 
of duty. 
‘‘(3) The term ‘training-related injury’ means 
an injury incurred by a member of the Armed 
Forces while performing authorized training activi-
ties in preparation for a combat mission.’’. 
(c) GUIDANCE REQUIRED.—The Secretary of Vet-
erans Affairs, in consultation with the Secretary of De-
fense, shall develop guidance under which the parent of 
a person described in paragraph (9)(B) of subsection (a) 
of section 2402 of title 38, United States Code, may be 
designated for interment in a national cemetery under that 
section.
(d) CONFORMING AMENDMENTS.— 
(1) CROSS-REFERENCE
CORRECTION.—Section 
107 is amended by striking ‘‘section 2402(8)’’ both 
places it appears and inserting ‘‘section 2402(a)(8)’’. 
(2) CROSS-REFERENCE
CORRECTION.—Section 
2301(e) is amended by striking ‘‘section 2402(6)’’ 
and inserting ‘‘section 2402(a)(6)’’. 
(3) CROSS-REFERENCE
CORRECTION.—Section 
2306(a) is amended— 
(A) in paragraph (2), by striking ‘‘section 
2402(4)’’ and inserting ‘‘section 2402(a)(4)’’; 
and 
(B) in paragraph (4), by striking ‘‘section 
2402(5)’’ and inserting ‘‘section 2402(a)(5)’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to the death, on or 
after the date of the enactment of this Act, of the parent 
of a person described in section 2402(a)(9)(B) of title 38, 
United States Code, as added by subsection (a), who dies 
on or after October 7, 2001. 
Passed the House of Representatives November 3, 
2009. 
Attest: 
Clerk.
111TH CONGRESS 
1ST SESSION 
H. R. 3949 
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 ad-
ministered by the Secretary of Veterans Affairs, 
and for other purposes.