In the Senate of the United States, 
October 7, 2009. 
Resolved, That the bill from the House of Representa-
tives (H.R. 1037) entitled ‘‘An Act to direct the Secretary of 
Veterans Affairs to conduct a five-year pilot project to test 
the feasibility and advisability of expanding the scope of cer-
tain qualifying work-study activities under title 38, United 
States Code.’’, do pass with the following 
AMENDMENT: 
Strike out all after the enacting clause and insert: 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Vet-
erans’ Benefits Enhancement Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Reference to title 38, United States Code. 
TITLE I—INSURANCE MATTERS 
Sec. 101. Increase in amount of supplemental insurance for totally disabled vet-
erans. 
Sec. 102. Adjustment of coverage of dependents under Servicemembers’ Group Life 
Insurance.
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Sec. 103. Expansion of individuals qualifying for retroactive benefits from trau-
matic injury protection coverage under Servicemembers’ Group 
Life Insurance. 
Sec. 104. Consideration of loss of dominant hand in prescription of schedule of 
severity of traumatic injury under Servicemembers’ Group Life 
Insurance. 
Sec. 105. Enhancement of veterans’ mortgage life insurance. 
TITLE II—COMPENSATION AND PENSION MATTERS 
Sec. 201. Cost-of-living increase for temporary dependency and indemnity com-
pensation payable for surviving spouses with dependent children 
under the age of 18. 
Sec. 202. Eligibility of veterans 65 years of age or older for service pension for 
a period of war. 
Sec. 203. Clarification of additional requirements for consideration to be afforded 
time, place, and circumstances of service in determinations re-
garding service-connected disabilities. 
Sec. 204. Extension of reduced pension for certain veterans covered by Medicaid 
plans for services furnished by nursing facilities. 
Sec. 205. Enhancement of disability compensation for certain disabled veterans 
with difficulties using prostheses and disabled veterans in need 
of regular aid and attendance for residuals of traumatic brain 
injury. 
Sec. 206. Commencement of period of payment of original awards of compensa-
tion for veterans retired or separated from the uniformed services 
for catastrophic disability. 
Sec. 207. Applicability of limitation to pension payable to certain children of vet-
erans of a period of war. 
Sec. 208. Payment of dependency and indemnity compensation to survivors of 
former prisoners of war who died on or before September 30, 
1999. 
TITLE III—READJUSTMENT AND RELATED BENEFIT MATTERS 
Sec. 301. Repeal of limitation on number of veterans enrolled in programs of 
independent living services and assistance. 
Sec. 302. Eligibility of disabled veterans and members of the Armed Forces with 
severe burn injuries for automobiles and adaptive equipment. 
Sec. 303. Enhancement of automobile assistance allowance for veterans. 
Sec. 304. Payment of unpaid balances of Department of Veterans Affairs guaran-
teed loans. 
TITLE IV—EMPLOYMENT AND REEMPLOYMENT RIGHTS OF 
MEMBERS OF THE UNIFORMED SERVICES 
Sec. 401. Waiver of sovereign immunity under the 11th Amendment with respect 
to enforcement of USERRA. 
Sec. 402. Clarifying the definition of ‘‘successor in interest’’. 
Sec. 403. Clarifying that USERRA prohibits wage discrimination against mem-
bers of the Armed Forces. 
Sec. 404. Requirement that Federal agencies provide notice to contractors of po-
tential USERRA obligations. 
Sec. 405. Comptroller General of the United States study on effectiveness of Fed-
eral programs of education and outreach on employer obligations 
under USERRA.
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Sec. 406. Technical amendments. 
TITLE V—BURIAL AND MEMORIAL MATTERS 
Sec. 501. Increase in certain burial and funeral benefits and plot allowances for 
veterans. 
TITLE VI—OTHER MATTERS 
Sec. 601. National Academies review of best treatments for Gulf War Illness. 
Sec. 602. Extension of National Academy of Sciences reviews and evaluations re-
garding illness and service in Persian Gulf War. 
Sec. 603. Extension of authority for regional office in Republic of the Philippines. 
Sec. 604. Aggregate amount of educational assistance available to individuals 
who receive both survivors’ and dependents educational assist-
ance and other veterans and related educational assistance. 
Sec. 605. Technical correction. 
SEC. 2. REFERENCE TO TITLE 38, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms of 
an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or 
other provision of title 38, United States Code. 
TITLE I—INSURANCE MATTERS 
SEC. 101. INCREASE IN AMOUNT OF SUPPLEMENTAL INSUR-
ANCE FOR TOTALLY DISABLED VETERANS. 
Section 1922A(a) is amended by striking ‘‘$20,000’’ 
and inserting ‘‘$30,000’’. 
SEC. 102. ADJUSTMENT OF COVERAGE OF DEPENDENTS 
UNDER SERVICEMEMBERS’ GROUP LIFE IN-
SURANCE. 
Clause (ii) of section 1968(a)(5)(B) is amended to read 
as follows: 
‘‘(ii)(I) in the case of a member of the 
Ready Reserve of a uniformed service who
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meets the qualifications set forth in sub-
paragraph (B) or (C) of section 1965(5) of 
this title, 120 days after separation or re-
lease from such assignment; or 
‘‘(II) in the case of any other member 
of the uniformed services, 120 days after the 
date of the member’s separation or release 
from the uniformed services; or’’. 
SEC. 103. EXPANSION OF INDIVIDUALS QUALIFYING FOR 
RETROACTIVE BENEFITS FROM TRAUMATIC 
INJURY 
PROTECTION 
COVERAGE 
UNDER 
SERVICEMEMBERS’ GROUP LIFE INSURANCE. 
(a) IN GENERAL.—Paragraph (1) of section 501(b) of 
the Veterans’ Housing Opportunity and Benefits Improve-
ment Act of 2006 (Public Law 109–233; 120 Stat. 414; 38 
U.S.C. 1980A note) is amended by striking ‘‘, if, as deter-
mined by the Secretary concerned, that loss was a direct 
result of a traumatic injury incurred in the theater of oper-
ations for Operation Enduring Freedom or Operation Iraqi 
Freedom’’. 
(b) CONFORMING AMENDMENT.—The heading of such 
section is amended by striking ‘‘IN OPERATION ENDURING 
FREEDOM AND OPERATION IRAQI FREEDOM’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2010.
† HR 1037 EAS 
SEC. 104. CONSIDERATION OF LOSS OF DOMINANT HAND IN 
PRESCRIPTION OF SCHEDULE OF SEVERITY 
OF 
TRAUMATIC 
INJURY 
UNDER 
SERVICEMEMBERS’ GROUP LIFE INSURANCE. 
(a) IN GENERAL.—Section 1980A(d) is amended— 
(1) by striking ‘‘Payments under’’ and inserting 
‘‘(1) Payments under’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) As the Secretary considers appropriate, the sched-
ule required by paragraph (1) may distinguish in speci-
fying payments for qualifying losses between the severity 
of a qualifying loss of a dominant hand and a qualifying 
loss of a nondominant hand.’’. 
(b) PAYMENTS FOR QUALIFYING LOSSES INCURRED 
BEFORE DATE OF ENACTMENT.— 
(1) IN GENERAL.—The Secretary of Veterans Af-
fairs shall prescribe in regulations mechanisms for 
payments under section 1980A of title 38, United 
States Code, for qualifying losses incurred before the 
date of the enactment of this Act by reason of the re-
quirements of paragraph (2) of subsection (d) of such 
section (as added by subsection (a)(2) of this section). 
(2) QUALIFYING LOSS DEFINED.—In this sub-
section, the term ‘‘qualifying loss’’ means—
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(A) a loss specified in the second sentence of 
subsection (b)(1) of section 1980A of title 38, 
United States Code; and 
(B) any other loss specified by the Secretary 
of Veterans Affairs pursuant to the first sentence 
of that subsection. 
SEC. 105. ENHANCEMENT OF VETERANS’ MORTGAGE LIFE 
INSURANCE. 
(a) IN GENERAL.—Section 2106(b) is amended by 
striking ‘‘$90,000’’ and inserting ‘‘$150,000, or $200,000 
after January 1, 2012,’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2010. 
TITLE II—COMPENSATION AND 
PENSION MATTERS 
SEC. 201. COST-OF-LIVING INCREASE FOR TEMPORARY DE-
PENDENCY AND INDEMNITY COMPENSATION 
PAYABLE FOR SURVIVING SPOUSES WITH DE-
PENDENT CHILDREN UNDER THE AGE OF 18. 
Section 1311(f) is amended— 
(1) in paragraph (1), by inserting ‘‘(as increased 
from time to time under paragraph (4))’’ after 
‘‘$250’’; 
(2) by redesignating paragraph (4) as para-
graph (5); and
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(3) by inserting after paragraph (3) the fol-
lowing new paragraph (4): 
‘‘(4) Whenever there is an increase in benefit amounts 
payable under title II of the Social Security Act (42 U.S.C. 
401 et seq.) as a result of a determination made under sec-
tion 215(i) of such Act (42 U.S.C. 415(i)), the Secretary 
shall, effective on the date of such increase in benefit 
amounts, increase the amount payable under paragraph 
(1), as such amount was in effect immediately prior to the 
date of such increase in benefit amounts, by the same per-
centage as the percentage by which such benefit amounts 
are increased. Any increase in a dollar amount under this 
paragraph shall be rounded down to the next lower whole 
dollar amount.’’. 
SEC. 202. ELIGIBILITY OF VETERANS 65 YEARS OF AGE OR 
OLDER FOR SERVICE PENSION FOR A PERIOD 
OF WAR. 
(a) IN GENERAL.—Section 1513 is amended— 
(1) in subsection (a), by striking ‘‘by section 
1521’’ and all that follows and inserting ‘‘by sub-
section (b), (c), (f)(1), (f)(5), or (g) of that section, as 
the case may be and as increased from time to time 
under section 5312 of this title.’’; 
(2) by redesignating subsection (b) as subsection 
(c); and
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(3) by inserting after subsection (a) the following 
new subsection (b): 
‘‘(b) The conditions in subsections (h) and (i) of sec-
tion 1521 of this title shall apply to determinations of in-
come and maximum payments of pension for purposes of 
this section.’’. 
(b) APPLICABILITY.—The amendments made by this 
section shall apply with respect to any claim for pension 
filed on or after the date of the enactment of this Act. 
SEC. 203. CLARIFICATION OF ADDITIONAL REQUIREMENTS 
FOR CONSIDERATION TO BE AFFORDED TIME, 
PLACE, AND CIRCUMSTANCES OF SERVICE IN 
DETERMINATIONS REGARDING SERVICE-CON-
NECTED DISABILITIES. 
(a) IN GENERAL.—Subsection (a) of section 1154 is 
amended to read as follows: 
‘‘(a) The Secretary shall include in the regulations per-
taining to service-connection of disabilities the following: 
‘‘(1) Provisions requiring that, in each case 
where a veteran is seeking service-connection for any 
disability, due consideration shall be given to the 
places, types, and circumstances of such veteran’s 
service as shown by— 
‘‘(A) such veteran’s service record;
† HR 1037 EAS 
‘‘(B) the official history of each organiza-
tion in which such veteran served; 
‘‘(C) such veteran’s medical records; and 
‘‘(D) all pertinent medical and lay evi-
dence. 
‘‘(2) 
Provisions 
generally 
recognizing 
cir-
cumstances in which lay evidence consistent with the 
place, conditions, dangers, or hardships associated 
with particular military service does not require con-
firmatory official documentary evidence in order to 
establish the occurrence of an event or exposure dur-
ing active military, naval, or air service. 
‘‘(3) The provisions required by section 5 of the 
Veterans’ Dioxin and Radiation Exposure Compensa-
tion Standards Act (Public Law 98–542; 98 Stat. 
2727).’’. 
(b) REGULATIONS.— 
(1) IN GENERAL.—Not later than 210 days after 
the date of the enactment of this Act, the Secretary of 
Veterans Affairs shall promulgate regulations to im-
plement section 1154(a)(2) of title 38, United States 
Code, as added by subsection (a). 
(2) INTERIM REGULATIONS.—In the case that the 
Secretary is unable to promulgate final regulations 
under paragraph (1) on or before the date that is 210
† HR 1037 EAS 
days after the date of the enactment of this Act, the 
Secretary shall promulgate interim regulations on or 
before such date to be in effect until such time as the 
Secretary promulgates final regulations. 
SEC. 204. EXTENSION OF REDUCED PENSION FOR CERTAIN 
VETERANS COVERED BY MEDICAID PLANS 
FOR SERVICES FURNISHED BY NURSING FA-
CILITIES. 
Section 5503(d)(7) is amended by striking ‘‘September 
30, 2011’’ and inserting ‘‘April 30, 2016’’. 
SEC. 205. ENHANCEMENT OF DISABILITY COMPENSATION 
FOR CERTAIN DISABLED VETERANS WITH 
DIFFICULTIES USING PROSTHESES AND DIS-
ABLED VETERANS IN NEED OF REGULAR AID 
AND ATTENDANCE FOR RESIDUALS OF TRAU-
MATIC BRAIN INJURY. 
(a) VETERANS SUFFERING ANATOMICAL LOSS
OF 
HANDS, ARMS, OR LEGS.—Section 1114 is amended— 
(1) in subsection (m)— 
(A) by striking ‘‘at a level, or with com-
plications,’’ and inserting ‘‘with factors’’; and 
(B) by striking ‘‘at levels, or with complica-
tions,’’ and inserting ‘‘with factors’’; 
(2) in subsection (n)—
† HR 1037 EAS 
(A) by striking ‘‘at levels, or with complica-
tions,’’ and inserting ‘‘with factors’’; 
(B) by striking ‘‘so near the hip as to’’ and 
inserting ‘‘with factors that’’; and 
(C) by striking ‘‘so near the shoulder and 
hip as to’’ and inserting ‘‘with factors that’’; and 
(3) in subsection (o), by striking ‘‘so near the 
shoulder as to’’ and inserting ‘‘with factors that’’. 
(b) VETERANS WITH SERVICE-CONNECTED DISABIL-
ITIES IN NEED OF REGULAR AID AND ATTENDANCE FOR 
RESIDUALS OF TRAUMATIC BRAIN INJURY.— 
(1) IN
GENERAL.—Such section is further 
amended— 
(A) in subsection (p), by striking the semi-
colon at the end and inserting a period; and 
(B) by adding at the end the following new 
subsection: 
‘‘(t) Subject to section 5503(c) of this title, if any vet-
eran, as the result of service-connected disability, is in need 
of regular aid and attendance for the residuals of traumatic 
brain injury, is not eligible for compensation under sub-
section (r)(2), and in the absence of such regular aid and 
attendance would require hospitalization, nursing home 
care, or other residential institutional care, the veteran 
shall be paid, in addition to any other compensation under
† HR 1037 EAS 
this section, a monthly aid and attendance allowance equal 
to the rate described in subsection (r)(2), which for purposes 
of section 1134 of this title shall be considered as additional 
compensation payable for disability. An allowance author-
ized under this subsection shall be paid in lieu of any allow-
ance authorized by subsection (r)(1).’’. 
(2) CONFORMING AMENDMENT.—Section 5503(c) 
is amended by striking ‘‘in section 1114(r)’’ and in-
serting ‘‘in subsection (r) or (t) of section 1114’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on August 31, 2010. 
SEC. 206. COMMENCEMENT OF PERIOD OF PAYMENT OF 
ORIGINAL AWARDS OF COMPENSATION FOR 
VETERANS RETIRED OR SEPARATED FROM 
THE 
UNIFORMED 
SERVICES 
FOR 
CATA-
STROPHIC DISABILITY. 
(a) COMMENCEMENT OF PERIOD OF PAYMENT.—Sub-
section (a) of section 5111 is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(2) in paragraph (1), as designated by para-
graph (1) of this subsection, by striking ‘‘in sub-
section (c) of this section’’ and inserting ‘‘in para-
graph (2) of this subsection and subsection (c)’’; and 
(3) by adding at the end the following new para-
graph:
† HR 1037 EAS 
‘‘(2)(A) In the case of a veteran who is retired or sepa-
rated from the active military, naval, or air service for a 
catastrophic disability or disabilities, payment of monetary 
benefits based on an award of compensation based on an 
original claim shall be made as of the date on which such 
award becomes effective as provided under section 5110 of 
this title or another applicable provision of law. 
‘‘(B) In this paragraph, the term ‘catastrophic dis-
ability’, with respect to a veteran, means a permanent, se-
verely disabling injury, disorder, or disease that com-
promises the ability of the veteran to carry out the activities 
of daily living to such a degree that the veteran requires 
personal or mechanical assistance to leave home or bed, or 
requires constant supervision to avoid physical harm to self 
or others.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and shall apply with respect to awards of com-
pensation based on original claims that become effective on 
or after that date. 
(c) TECHNICAL CORRECTION REGARDING WAIVER OF 
RETIRED PAY.—Section 5305 is amended by striking ‘‘sec-
tion 1414’’ and inserting ‘‘sections 1212(d)(2) and 1414’’.
† HR 1037 EAS 
SEC. 207. APPLICABILITY OF LIMITATION TO PENSION PAY-
ABLE TO CERTAIN CHILDREN OF VETERANS 
OF A PERIOD OF WAR. 
Section 5503(d)(5) is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(5)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) The provisions of this subsection shall 
apply with respect to a child entitled to pension 
under section 1542 of this title in the same man-
ner as they apply to a veteran having neither 
spouse nor child.’’. 
SEC. 208. PAYMENT OF DEPENDENCY AND INDEMNITY COM-
PENSATION TO SURVIVORS OF FORMER PRIS-
ONERS OF WAR WHO DIED ON OR BEFORE 
SEPTEMBER 30, 1999. 
Section 1318(b)(3) is amended by striking ‘‘who died 
after September 30, 1999,’’. 
TITLE III—READJUSTMENT AND 
RELATED BENEFIT MATTERS 
SEC. 301. REPEAL OF LIMITATION ON NUMBER OF VET-
ERANS ENROLLED IN PROGRAMS OF INDE-
PENDENT LIVING SERVICES AND ASSIST-
ANCE. 
(a) IN GENERAL.—Section 3120 is amended— 
(1) by striking subsection (e); and
† HR 1037 EAS 
(2) by redesignating subsection (f) as subsection 
(e). 
(b) CONFORMING AMENDMENT.—Subsection (a) of 
such section is amended by striking ‘‘described in subsection 
(f)’’ and inserting ‘‘described in subsection (e)’’. 
SEC. 302. ELIGIBILITY OF DISABLED VETERANS AND MEM-
BERS OF THE ARMED FORCES WITH SEVERE 
BURN INJURIES FOR AUTOMOBILES AND 
ADAPTIVE EQUIPMENT. 
(a) ELIGIBILITY.—Paragraph (1) of section 3901 is 
amended— 
(1) in subparagraph (A)— 
(A) in the matter preceding clause (i), by 
striking ‘‘in subclause (i), (ii), or (iii) below’’ 
and inserting ‘‘in clause (i), (ii), (iii), or (iv) of 
this subparagraph’’; and 
(B) by adding at the end the following new 
clause: 
‘‘(iv) A severe burn injury (as determined 
pursuant to regulations prescribed by the Sec-
retary).’’; and 
(2) in subparagraph (B), by striking ‘‘subclause 
(i), (ii), or (iii) of clause (A) of this paragraph’’ and 
inserting ‘‘clause (i), (ii), (iii), or (iv) of subpara-
graph (A)’’.
† HR 1037 EAS 
(b) STYLISTIC AMENDMENTS.—Such section is further 
amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘chapter—’’ and inserting ‘‘chapter:’’; 
(2) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘means—’’ and inserting 
‘‘means the following:’’; 
(B) in subparagraph (A)— 
(i) in the matter preceding clause (i), 
by striking ‘‘any veteran’’ and inserting 
‘‘Any veteran’’; 
(ii) in clauses (i) and (ii), by striking 
the semicolon at the end and inserting a pe-
riod; and 
(iii) in clause (iii), by striking ‘‘; or’’ 
and inserting a period; and 
(C) in subparagraph (B), by striking ‘‘any 
member’’ and inserting ‘‘Any member’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2010. 
SEC. 303. ENHANCEMENT OF AUTOMOBILE ASSISTANCE AL-
LOWANCE FOR VETERANS. 
(a) INCREASE
IN AMOUNT
OF ALLOWANCE.—Sub-
section (a) of section 3902 is amended by striking
† HR 1037 EAS 
‘‘$11,000’’ and inserting ‘‘$22,500 (as adjusted from time 
to time under subsection (e))’’. 
(b) ANNUAL ADJUSTMENT.—Such section is further 
amended by adding at the end the following new subsection: 
‘‘(e)(1) Effective on October 1 of each year (beginning 
in 2011), the Secretary shall increase the dollar amount in 
effect under subsection (a) to an amount equal to 80 percent 
of the average retail cost of new automobiles for the pre-
ceding calendar year. 
‘‘(2) The Secretary shall establish the method for deter-
mining the average retail cost of new automobiles for pur-
poses of this subsection. The Secretary may use data devel-
oped in the private sector if the Secretary determines the 
data is appropriate for purposes of this subsection.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2010. 
SEC. 304. PAYMENT OF UNPAID BALANCES OF DEPARTMENT 
OF VETERANS AFFAIRS GUARANTEED LOANS. 
Section 3732(a)(2) is amended— 
(1) by striking ‘‘Before suit’’ and inserting ‘‘(A) 
Before suit’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) In the event that a housing loan guaranteed 
under this chapter is modified under the authority provided
† HR 1037 EAS 
under section 1322(b) of title 11, the Secretary may pay 
the holder of the obligation the unpaid balance of the obliga-
tion due as of the date of the filing of the petition under 
title 11 plus accrued interest, but only upon the assignment, 
transfer, and delivery to the Secretary (in a form and man-
ner satisfactory to the Secretary) of all rights, interest, 
claims, evidence, and records with respect to the housing 
loan.’’. 
TITLE 
IV—EMPLOYMENT 
AND 
REEMPLOYMENT RIGHTS OF 
MEMBERS 
OF 
THE 
UNI-
FORMED SERVICES 
SEC. 401. WAIVER OF SOVEREIGN IMMUNITY UNDER THE 
11TH AMENDMENT WITH RESPECT TO EN-
FORCEMENT OF USERRA. 
(a) IN GENERAL.—Section 4323 is amended— 
(1) in subsection (b) by striking paragraph (2) 
and inserting the following new paragraph: 
‘‘(2) In the case of an action against a State (as an 
employer) by a person, the action may be brought in the 
appropriate district court of the United States or State 
court of competent jurisdiction.’’; 
(2) by redesignating subsection (i) as subsection 
(j); and
† HR 1037 EAS 
(3) by inserting after subsection (h) the following 
new subsection (i): 
‘‘(i) WAIVER OF STATE SOVEREIGN IMMUNITY.—(1) A 
State’s receipt or use of Federal financial assistance for any 
program or activity of a State shall constitute a waiver 
of sovereign immunity, under the 11th amendment to the 
Constitution or otherwise, to a suit brought by— 
‘‘(A) a person who is or was an employee in that 
program or activity for the rights or benefits author-
ized the person by this chapter; 
‘‘(B) a person applying to be such an employee 
in that program or activity for the rights or benefits 
authorized the person by this chapter; or 
‘‘(C) a person seeking reemployment as an em-
ployee in that program or activity for the rights or 
benefits authorized the person by this chapter. 
‘‘(2) In this subsection, the term ‘program or activity’ 
has the meaning given that term in section 309 of the Age 
Discrimination Act of 1975 (42 U.S.C. 6107).’’. 
(b) APPLICATION.—The amendments made by sub-
section (a) shall apply to— 
(1) any failure to comply with a provision of or 
any violation of chapter 43 of title 38, United States 
Code, that occurs before, on, or after the date of the 
enactment of this Act; and
† HR 1037 EAS 
(2) all actions or complaints filed under such 
chapter 43 that are commenced after the date of the 
enactment of this Act. 
SEC. 402. CLARIFYING THE DEFINITION OF ‘‘SUCCESSOR IN 
INTEREST’’. 
(a) IN GENERAL.—Section 4303(4) is amended by 
adding at the end the following new subparagraph: 
‘‘(D)(i) Whether the term ‘successor in interest’ 
applies with respect to an entity described in sub-
paragraph (A) for purposes of clause (iv) of such sub-
paragraph shall be determined on a case-by-case basis 
using a multi-factor test that considers the following 
factors: 
‘‘(I) Substantial continuity of business op-
erations. 
‘‘(II) Use of the same or similar facilities. 
‘‘(III) Continuity of work force. 
‘‘(IV) Similarity of jobs and working condi-
tions. 
‘‘(V) Similarity of supervisory personnel. 
‘‘(VI) Similarity of machinery, equipment, 
and production methods. 
‘‘(VII) Similarity of products or services. 
‘‘(ii) The entity’s lack of notice or awareness of 
a potential or pending claim under this chapter at
† HR 1037 EAS 
the time of a merger, acquisition, or other form of 
succession shall not be considered when applying the 
multi-factor test under clause (i).’’. 
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply to— 
(1) any failure to comply with a provision of or 
any violation of chapter 43 of title 38, United States 
Code, that occurs before, on, or after the date of the 
enactment of this Act; and 
(2) all actions or complaints filed under such 
chapter 43 that are pending on or after the date of 
the enactment of this Act. 
SEC. 403. CLARIFYING THAT USERRA PROHIBITS WAGE DIS-
CRIMINATION AGAINST MEMBERS OF THE 
ARMED FORCES. 
(a) IN GENERAL.—Section 4303(2) is amended by 
striking ‘‘other than’’ and inserting ‘‘including’’. 
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply to— 
(1) any failure to comply with a provision of or 
any violation of chapter 43 of title 38, United States 
Code, that occurs before, on, or after the date of the 
enactment of this Act; and
† HR 1037 EAS 
(2) all actions or complaints filed under such 
chapter 43 that are pending on or after the date of 
the enactment of this Act. 
SEC. 404. REQUIREMENT THAT FEDERAL AGENCIES PRO-
VIDE NOTICE TO CONTRACTORS OF POTEN-
TIAL USERRA OBLIGATIONS. 
(a) CIVILIAN AGENCIES.—The Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 318. NOTICE TO CONTRACTORS OF POTENTIAL OBLI-
GATIONS RELATING TO EMPLOYMENT AND 
REEMPLOYMENT 
OF 
MEMBERS 
OF 
THE 
ARMED FORCES. 
‘‘Each contract for the procurement of property or 
services that is entered into by the head of an executive 
agency shall include a notice to the contractor that the con-
tractor may have obligations under chapter 43 of title 38, 
United States Code.’’. 
(b) ARMED FORCES.— 
(1) IN
GENERAL.—Chapter 137 of title 10, 
United States Code, is amended by adding at the end 
the following new section:
† HR 1037 EAS 
‘‘§ 2334. Notice to contractors of potential obligations 
relating to employment and reemployment 
of members of the armed forces 
‘‘Each contract for the procurement of property or 
services that is entered into by the head of an executive 
agency shall include a notice to the contractor that the con-
tractor may have obligations under chapter 43 of title 38.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for such chapter is amended by adding at the 
end the following new item: 
‘‘2334. Notice to contractors of potential obligations relating to employment and 
reemployment of members of the armed forces.’’. 
SEC. 405. COMPTROLLER GENERAL OF THE UNITED STATES 
STUDY ON EFFECTIVENESS OF FEDERAL PRO-
GRAMS OF EDUCATION AND OUTREACH ON 
EMPLOYER OBLIGATIONS UNDER USERRA. 
(a) STUDY REQUIRED.—The Comptroller General of 
the United States shall conduct a study on the effectiveness 
of Federal programs of education and outreach on employer 
obligations under chapter 43 of title 38, United States Code. 
(b) CONTENTS OF STUDY.—In carrying out the study 
required by subsection (a), the Comptroller General shall— 
(1) assess current practices and procedures of 
Federal agencies for educating employers about their 
obligations under chapter 43 of title 38, United States 
Code;
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(2) identify best practices for bringing the em-
ployment practices of small businesses into compli-
ance with such chapter; 
(3) determine whether the Employer Support for 
the Guard and Reserve, the Small Business Adminis-
tration, or other agencies could collaborate to develop 
a program to educate employers regarding their obli-
gations under such chapter; and 
(4) determine the effect on recruitment and re-
tention in the National Guard and Reserves of the 
failure of employers to meet their reemployment obli-
gations under such chapter. 
(c) REPORT TO CONGRESS.—Not later than June 30, 
2010, the Comptroller General shall submit to Congress a 
report on the study conducted under subsection (a), includ-
ing the following: 
(1) The findings of the Comptroller General with 
respect to such study. 
(2) The recommendations of the Comptroller 
General for the improvement of education and out-
reach for employers with respect to their obligations 
under chapter 43 of title 38, United States Code. 
SEC. 406. TECHNICAL AMENDMENTS. 
(a) AMENDMENT TO CONGRESSIONAL ACCOUNTABILITY 
ACT OF 1995.—Section 206(b) of the Congressional Ac-
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countability Act of 1995 (2 U.S.C. 1316(b)) is amended by 
striking ‘‘under paragraphs (1), (2)(A), and (3) of section 
4323(c) of title 38, United States Code’’ and inserting 
‘‘under section 4323(d) of title 38, United States Code’’. 
(b) AMENDMENT TO SECTION 416 OF TITLE 3, UNITED 
STATES CODE.—Section 416(b) of title 3, United States 
Code, is amended by striking ‘‘under paragraphs (1) and 
(2)(A) of section 4323(c) of title 38’’ and inserting ‘‘under 
section 4323(d) of title 38’’. 
(c) AMENDMENT
TO SECTION 4324 OF TITLE 38, 
UNITED STATES CODE.—Section 4324(b)(4) of title 38, 
United States Code, is amended by inserting before the pe-
riod the following: ‘‘declining to initiate an action and rep-
resent the person before the Merit Systems Protection 
Board’’. 
TITLE V—BURIAL AND 
MEMORIAL MATTERS 
SEC. 501. INCREASE IN CERTAIN BURIAL AND FUNERAL 
BENEFITS AND PLOT ALLOWANCES FOR VET-
ERANS. 
(a) INCREASE IN BURIAL AND FUNERAL EXPENSES 
FOR
DEATHS
IN
DEPARTMENT
FACILITIES.—Section 
2303(a)(1)(A) is amended by striking ‘‘$300’’ and inserting 
‘‘$745 (as increased from time to time under subsection 
(c))’’.
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(b) INCREASE IN AMOUNT OF PLOT ALLOWANCES.— 
Section 2303(b) is amended by striking ‘‘$300’’ each place 
it appears and inserting ‘‘$745 (as increased from time to 
time under subsection (c))’’. 
(c) ANNUAL ADJUSTMENT.—Section 2303 is amended 
by adding at the end the following new subsection: 
‘‘(c) With respect to any fiscal year, the Secretary shall 
provide a percentage increase (rounded to the nearest dol-
lar) in the burial and funeral expenses under subsection (a) 
and in the plot allowance under subsection (b), equal to 
the percentage by which— 
‘‘(1) the Consumer Price Index (all items, United 
States city average) for the 12-month period ending 
on the June 30 preceding the beginning of the fiscal 
year for which the increase is made, exceeds 
‘‘(2) the Consumer Price Index for the 12-month 
period preceding the 12-month period described in 
paragraph (1).’’. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section shall 
apply with respect to deaths occurring on or after Oc-
tober 1, 2010. 
(2) PROHIBITION
ON
COST-OF-LIVING
ADJUST-
MENT FOR FISCAL YEAR 2011.—No adjustments shall
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be made under section 2303(c) of title 38, United 
States Code, as added by subsection (c), for fiscal year 
2011. 
TITLE VI—OTHER MATTERS 
SEC. 601. NATIONAL ACADEMIES REVIEW OF BEST TREAT-
MENTS FOR GULF WAR ILLNESS. 
(a) IN GENERAL.—The Secretary of Veterans Affairs 
shall enter into a contract with the Institute of Medicine 
of the National Academies to conduct a comprehensive re-
view of the best treatments for Gulf War Illness. 
(b) GROUP OF MEDICAL PROFESSIONALS.—In con-
ducting the study required under subsection (a), the Insti-
tute of Medicine shall convene a group of medical profes-
sionals who are experienced in treating individuals diag-
nosed with Gulf War illness as follows: 
(1) Members of the Armed Forces who served 
during the Persian Gulf War in the Southwest Asia 
theater of operations. 
(2) Members of the Armed Forces who served in 
the Post 9/11 Global Operations theaters. 
(c) REPORTS.—The contract required by subsection (a) 
shall require the Institute of Medicine to submit to the Sec-
retary and to the appropriate committees of Congress a re-
port on the review required under subsection (a) not later 
than December 31, 2011. The final report shall include such
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recommendations for legislative or administrative action as 
the Institute considers appropriate in light of the results 
of the review. 
(d) FUNDING.—The Secretary shall provide the Insti-
tute of Medicine with such funds as are necessary to ensure 
the timely completion of the review required under sub-
section (a). 
(e) DEFINITIONS.—In this section: 
(1) APPROPRIATE COMMITTEES OF CONGRESS.— 
The term ‘‘appropriate committees of Congress’’ 
means— 
(A) the Committee on Veterans’ Affairs of 
the Senate; and 
(B) the Committee on Veterans’ Affairs of 
the House of Representatives. 
(2) GULF WAR ILLNESS.—The term ‘‘Gulf War 
Illness’’ means a medically unexplained chronic 
multisymptom illness, such as chronic fatigue syn-
drome, fibromyalgia, and irritable bowel syndrome, 
that is defined by a cluster of signs or symptoms re-
lating to service in the Persian Gulf War or Post 9/ 
11 Global Operations theaters. 
(3) PERSIAN
GULF
WAR.—The term ‘‘Persian 
Gulf War’’ has the meaning given that term in sec-
tion 101(33) of title 38, United States Code.
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(4) POST 9/11 GLOBAL OPERATIONS THEATERS.— 
The term ‘‘Post 9/11 Global Operations theaters’’ 
means Afghanistan, Iraq, or any other theater in 
which the Global War on Terrorism Expeditionary 
Medal is awarded for service. 
SEC. 602. EXTENSION OF NATIONAL ACADEMY OF SCIENCES 
REVIEWS AND EVALUATIONS REGARDING ILL-
NESS AND SERVICE IN PERSIAN GULF WAR. 
(a) REVIEW AND EVALUATION OF TOXIC DRUGS AND 
ILLNESSES ASSOCIATED WITH PERSIAN GULF WAR.—Sec-
tion 1603(j) of the Persian Gulf War Veterans Act of 1998 
(38 U.S.C. 1117 note) is amended by striking ‘‘October 1, 
2010’’ and inserting ‘‘October 1, 2015’’. 
(b) REVIEW AND EVALUATION OF AVAILABLE EVI-
DENCE REGARDING ILLNESS AND SERVICE IN PERSIAN 
GULF WAR.— 
(1) IN GENERAL.—Section 101(j) of the Veterans 
Programs Enhancement Act of 1998 (Public Law 
105–368; 112 Stat. 3321) is amended by striking ‘‘11 
years after’’ and all that follows through ‘‘under sub-
section (b)’’ and inserting ‘‘on October 1, 2018’’. 
(2) CONFORMING AMENDMENT.—Section 1604 of 
the Persian Gulf War Veterans Act of 1998 (Public 
Law 105–277; 38 U.S.C. 1117 note) is repealed.
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SEC. 603. EXTENSION OF AUTHORITY FOR REGIONAL OF-
FICE IN REPUBLIC OF THE PHILIPPINES. 
Section 315(b) is amended by striking ‘‘December 31, 
2009’’ and inserting ‘‘December 31, 2011’’. 
SEC. 604. AGGREGATE AMOUNT OF EDUCATIONAL ASSIST-
ANCE AVAILABLE TO INDIVIDUALS WHO RE-
CEIVE BOTH SURVIVORS’ AND DEPENDENTS 
EDUCATIONAL ASSISTANCE AND OTHER VET-
ERANS AND RELATED EDUCATIONAL ASSIST-
ANCE. 
(a) AGGREGATE AMOUNT AVAILABLE.—Section 3695 
is amended— 
(1) in subsection (a)(4), by striking ‘‘35,’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) The aggregate period for which any person may 
receive assistance under chapter 35 of this title, on the one 
hand, and any of the provisions of law referred to in sub-
section (a), on the other hand, may not exceed 81 months 
(or the part-time equivalent thereof).’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall take effect on October 1, 2010, and shall 
not operate to revive any entitlement to assistance under 
chapter 35 of title 38, United States Code, or the provisions 
of law referred to in section 3695(a) of such title, as in 
effect on the day before such date, that was terminated by
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reason of the operation of section 3695(a) of such title, as 
so in effect, before such date. 
(c) REVIVAL OF ENTITLEMENT REDUCED BY PRIOR 
UTILIZATION OF CHAPTER 35 ASSISTANCE.— 
(1) IN GENERAL.—Subject to paragraph (2), in 
the case of an individual whose period of entitlement 
to assistance under a provision of law referred to in 
section 3695(a) of title 38, United States Code (other 
than chapter 35 of such title), as in effect on Sep-
tember 30, 2010, was reduced under such section 
3695(a), as so in effect, by reason of the utilization 
of entitlement to assistance under chapter 35 of such 
title before October 1, 2010, the period of entitlement 
to assistance of such individual under such provision 
shall be determined without regard to any entitlement 
so utilized by the individual under chapter 35 of such 
title. 
(2) LIMITATION.—The maximum period of enti-
tlement to assistance of an individual under para-
graph (1) may not exceed 81 months.
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SEC. 605. TECHNICAL CORRECTION. 
Section 5503(c) is amended by striking ‘‘veterans’ ’’ 
and inserting ‘‘veteran’s’’. 
Attest: 
Secretary.