U.S. Congress - Text of H.R.1037 as Engrossed Amendment Senate Pilot College Work Study Programs for Veterans Act of 2009
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Donate NowH.R.1037 - Pilot College Work Study Programs for Veterans Act of 2009
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 certain qualifying work-study activities under title 38, United States Code.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 341 | n/a | n/a |
| Reported in House | 812 | 9 | 47% |
| Engrossed in House | 445 | 10 | 53% |
| Referred in Senate | 431 | 6 | 14% |
| Engrossed Amendment Senate | 6,062 | 123 Show Changes Hide Changes | 99% |
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HR 1037 RFS 111th CONGRESS 1st Session
In the Senate of the United States,CommentsClose CommentsPermalink
October 7, 2009.CommentsClose CommentsPermalink
Resolved, That the bill from the House of Representatives (H.R. 1037 IN THE SENATE OF THE UNITED STATES July 15, 2009 Received; read twice and referred to the Committee on Veterans’ Affairs AN ACT Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
AMENDMENT: CommentsClose CommentsPermalink
Strike out all after the enacting clause and insert:CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.This Act may be cited as the ‘Pilot College Work Study Programs for Veterans; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘Veterans’ Benefits Enhancement Act of 2009’. CommentsClose CommentsPermalink
SEC (b) Table of Contents- The table of contents for this Act is as follows: CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents. CommentsClose CommentsPermalink
Sec. 2. FIVE-YEAR PILOT PROGRAM FOR ON-CAMPUS WORK-STUDY POSITIONS.(a) Establishment of Pilot Program- The SecretaryReference to title 38, United States Code. CommentsClose CommentsPermalink
TITLE I--INSURANCE MATTERS
Sec. 101. Increase in amount of supplemental insurance for totally disabled veterans. CommentsClose CommentsPermalink
Sec. 102. Adjustment of coverage of dependents under Servicemembers’ Group Life Insurance. CommentsClose CommentsPermalink
Sec. 103. Expansion of individuals qualifying for retroactive benefits from traumatic injury protection coverage under Servicemembers’ Group Life Insurance. CommentsClose CommentsPermalink
Sec. 104. Consideration of loss of dominant hand in prescription of schedule of severity of traumatic injury under Servicemembers’ Group Life Insurance. CommentsClose CommentsPermalink
Sec. 105. Enhancement of veterans’ mortgage life insurance. CommentsClose CommentsPermalink
TITLE II--COMPENSATION AND PENSION MATTERS
Sec. 201. Cost-of-living increase for temporary dependency and indemnity compensation payable for surviving spouses with dependent children under the age of 18. CommentsClose CommentsPermalink
Sec. 202. Eligibility of veterans 65 years of age or older for service pension for a period of war. CommentsClose CommentsPermalink
Sec. 203. Clarification of additional requirements for consideration to be afforded time, place, and circumstances of service in determinations regarding service-connected disabilities. CommentsClose CommentsPermalink
Sec. 204. Extension of reduced pension for certain veterans covered by Medicaid plans for services furnished by nursing facilities. CommentsClose CommentsPermalink
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. CommentsClose CommentsPermalink
Sec. 206. Commencement of period of payment of original awards of compensation for veterans retired or separated from the uniformed services for catastrophic disability. CommentsClose CommentsPermalink
Sec. 207. Applicability of limitation to pension payable to certain children of veterans of a period of war. CommentsClose CommentsPermalink
Sec. 208. Payment of dependency and indemnity compensation to survivors of former prisoners of war who died on or before September 30, 1999. CommentsClose CommentsPermalink
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. CommentsClose CommentsPermalink
Sec. 302. Eligibility of disabled veterans and members of the Armed Forces with severe burn injuries for automobiles and adaptive equipment. CommentsClose CommentsPermalink
Sec. 303. Enhancement of automobile assistance allowance for veterans. CommentsClose CommentsPermalink
Sec. 304. Payment of unpaid balances of Department of Veterans Affairs guaranteed loans. CommentsClose CommentsPermalink
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. CommentsClose CommentsPermalink
Sec. 402. Clarifying the definition of ‘successor in interest’. CommentsClose CommentsPermalink
Sec. 403. Clarifying that USERRA prohibits wage discrimination against members of the Armed Forces. CommentsClose CommentsPermalink
Sec. 404. Requirement that Federal agencies provide notice to contractors of potential USERRA obligations. CommentsClose CommentsPermalink
Sec. 405. Comptroller General of the United States study on effectiveness of Federal programs of education and outreach on employer obligations under USERRA. CommentsClose CommentsPermalink
Sec. 406. Technical amendments. CommentsClose CommentsPermalink
TITLE V--BURIAL AND MEMORIAL MATTERS
Sec. 501. Increase in certain burial and funeral benefits and plot allowances for veterans. CommentsClose CommentsPermalink
TITLE VI--OTHER MATTERS
Sec. 601. National Academies review of best treatments for Gulf War Illness. CommentsClose CommentsPermalink
Sec. 602. Extension of National Academy of Sciences reviews and evaluations regarding illness and service in Persian Gulf War. CommentsClose CommentsPermalink
Sec. 603. Extension of authority for regional office in Republic of the Philippines. CommentsClose CommentsPermalink
Sec. 604. Aggregate amount of educational assistance available to individuals who receive both survivors’ and dependents educational assistance and other veterans and related educational assistance. CommentsClose CommentsPermalink
Sec. 605. Technical correction. CommentsClose CommentsPermalink
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. CommentsClose CommentsPermalink
TITLE I--INSURANCE MATTERS
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TITLE I--INSURANCE MATTERS CommentsClose CommentsPermalink
SEC. 101. INCREASE IN AMOUNT OF SUPPLEMENTAL INSURANCE FOR TOTALLY DISABLED VETERANS.
Section 1922A(a) is amended by striking ‘$20,000’ and inserting ‘$30,000’. CommentsClose CommentsPermalink
SEC. 102. ADJUSTMENT OF COVERAGE OF DEPENDENTS UNDER SERVICEMEMBERS’ GROUP LIFE INSURANCE.
Clause (ii) of section 1968(a)(5)(B) is amended to read as follows: CommentsClose CommentsPermalink
‘(ii)(I) in the case of a member of the Ready Reserve of a uniformed service who meets the qualifications set forth in subparagraph (B) or (C) of section 1965(5) of this title, 120 days after separation or release from such assignment; or CommentsClose CommentsPermalink
‘(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’. CommentsClose CommentsPermalink
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 Improvement Act of 2006 (
(b) Conforming Amendment- The heading of such section is amended by striking ‘in Operation Enduring Freedom and Operation Iraqi Freedom’. CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall conduct a five-year pilot project to test the feasibility and advisability of expanding the scope oftake effect on October 1, 2010. CommentsClose CommentsPermalink
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-- CommentsClose CommentsPermalink
(1) by striking ‘Payments under’ and inserting ‘(1) Payments under’; and CommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph: CommentsClose CommentsPermalink
‘(2) As the Secretary considers appropriate, the schedule required by paragraph (1) may distinguish in specifying payments for qualifying work-study activities for purposes of section 3485(a)(4) of title 38, United losses between the severity of a qualifying loss of a dominant hand and a qualifying loss of a nondominant hand.’. CommentsClose CommentsPermalink
(b) Payments for Qualifying Losses Incurred Before Date of Enactment- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Veterans Affairs shall prescribe in regulations mechanisms for payments under
(2) QUALIFYING LOSS DEFINED- In this subsection, the term ‘qualifying loss’ means-- CommentsClose CommentsPermalink
(A) a loss specified in the second sentence of subsection (b)(1) of
(B) any other loss specified by the Secretary of Veterans Affairs pursuant to the first sentence of that subsection. CommentsClose CommentsPermalink
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,’. CommentsClose CommentsPermalink
(b) Type of Work-Study Positions- The work-study positions referred to in subsection Effective Date- The amendment made by subsection (a)may include positions in academic departments (including positions as tutors or research, teaching, and lab assistants) and in student services (including positions in career centers and financial aid, campus orientation, cashiers, admissions, records, and registration offices).(c) Regulations- shall take effect on October 1, 2010. CommentsClose CommentsPermalink
TITLE II--COMPENSATION AND PENSION MATTERS
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TITLE II--COMPENSATION AND PENSION MATTERS CommentsClose CommentsPermalink
SEC. 201. COST-OF-LIVING INCREASE FOR TEMPORARY DEPENDENCY AND INDEMNITY COMPENSATION PAYABLE FOR SURVIVING SPOUSES WITH DEPENDENT CHILDREN UNDER THE AGE OF 18.
Section 1311(f) is amended-- CommentsClose CommentsPermalink
(1) in paragraph (1), by inserting ‘(as increased from time to time under paragraph (4))’ after ‘$250’; CommentsClose CommentsPermalink
(2) by redesignating paragraph (4) as paragraph (5); and CommentsClose CommentsPermalink
(3) by inserting after paragraph (3) the following new paragraph (4): CommentsClose CommentsPermalink
‘(4) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act (
et seq.) as a result of a determination made under section 215(i) of such Act ( 42 U.S.C. 401 ), 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 percentage 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.’. CommentsClose CommentsPermalink 42 U.S.C. 415(i)
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-- CommentsClose CommentsPermalink
(1) in subsection (a), by striking ‘by section 1521’ and all that follows and inserting ‘by subsection (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.’; CommentsClose CommentsPermalink
(2) by redesignating subsection (b) as subsection (c); and CommentsClose CommentsPermalink
(3) by inserting after subsection (a) the following new subsection (b): CommentsClose CommentsPermalink
‘(b) The Secretary conditions in subsections (h) and (i) of section 1521 of this title shall apply to determinations of income and maximum payments of pension for purposes of this section.’. CommentsClose CommentsPermalink
(b) Applicability- The amendments made by this section shall issue regulations to carry out the pilot project under this section, includingapply with respect to any claim for pension filed on or after the date of the enactment of this Act. CommentsClose CommentsPermalink
SEC. 203. CLARIFICATION OF ADDITIONAL REQUIREMENTS FOR CONSIDERATION TO BE AFFORDED TIME, PLACE, AND CIRCUMSTANCES OF SERVICE IN DETERMINATIONS REGARDING SERVICE-CONNECTED DISABILITIES.
(a) In General- Subsection (a) of section 1154 is amended to read as follows: CommentsClose CommentsPermalink
‘(a) The Secretary shall include in the regulations providing for the supervision of work-study positions referred to in subsection ertaining to service-connection of disabilities the following: CommentsClose CommentsPermalink
‘(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-- CommentsClose CommentsPermalink
‘(A) such veteran’s service record; CommentsClose CommentsPermalink
‘(B) the official history of each organization in which such veteran served; CommentsClose CommentsPermalink
‘(C) such veteran’s medical records; and CommentsClose CommentsPermalink
‘(D) all pertinent medical and lay evidence. CommentsClose CommentsPermalink
‘(2) Provisions generally recognizing circumstances in which lay evidence consistent with the place, conditions, dangers, or hardships associated with particular military service does not require confirmatory official documentary evidence in order to establish the occurrence of an event or exposure during active military, naval, or air service. CommentsClose CommentsPermalink
‘(3) The provisions required by section 5 of the Veterans’ Dioxin and Radiation Exposure Compensation Standards Act (
; 98 Stat. 2727).’. CommentsClose CommentsPermalink Public Law 98-542
(b) Regulations- CommentsClose CommentsPermalink
(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 implement
(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 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. CommentsClose CommentsPermalink
SEC. 204. EXTENSION OF REDUCED PENSION FOR CERTAIN VETERANS COVERED BY MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILITIES.
Section 5503(d)(7) is amended by striking ‘September 30, 2011’ and inserting ‘April 30, 2016’. CommentsClose CommentsPermalink
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.
(a) by appropriate personnel of the Department.(d) Authorization of Appropriations- There is authorized toVeterans Suffering Anatomical Loss of Hands, Arms, or Legs- Section 1114 is amended-- CommentsClose CommentsPermalink
(1) in subsection (m)-- CommentsClose CommentsPermalink
(A) by striking ‘at a level, or with complications,’ and inserting ‘with factors’; and CommentsClose CommentsPermalink
(B) by striking ‘at levels, or with complications,’ and inserting ‘with factors’; CommentsClose CommentsPermalink
(2) in subsection (n)-- CommentsClose CommentsPermalink
(A) by striking ‘at levels, or with complications,’ and inserting ‘with factors’; CommentsClose CommentsPermalink
(B) by striking ‘so near the hip as to’ and inserting ‘with factors that’; and CommentsClose CommentsPermalink
(C) by striking ‘so near the shoulder and hip as to’ and inserting ‘with factors that’; and CommentsClose CommentsPermalink
(3) in subsection (o), by striking ‘so near the shoulder as to’ and inserting ‘with factors that’. CommentsClose CommentsPermalink
(b) Veterans With Service-Connected Disabilities in Need of Regular Aid and Attendance for Residuals of Traumatic Brain Injury- CommentsClose CommentsPermalink
(1) IN GENERAL- Such section is further amended-- CommentsClose CommentsPermalink
(A) in subsection (p), by striking the semicolon at the end and inserting a period; and CommentsClose CommentsPermalink
(B) by adding at the end the following new subsection: CommentsClose CommentsPermalink
‘(t) Subject to section 5503(c) of this title, if any veteran, 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 subsection (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 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 appropriated to the Secretary $10,000,000 for each of fiscal years 2010 through 2014considered as additional compensation payable for disability. An allowance authorized under this subsection shall be paid in lieu of any allowance authorized by subsection (r)(1).’. CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Section 5503(c) is amended by striking ‘in section 1114(r)’ and inserting ‘in subsection (r) or (t) of section 1114’. CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall take effect on August 31, 2010. CommentsClose CommentsPermalink
SEC. 206. COMMENCEMENT OF PERIOD OF PAYMENT OF ORIGINAL AWARDS OF COMPENSATION FOR VETERANS RETIRED OR SEPARATED FROM THE UNIFORMED SERVICES FOR CATASTROPHIC DISABILITY.
(a) Commencement of Period of Payment- Subsection (a) of section 5111 is amended-- CommentsClose CommentsPermalink
(1) by inserting ‘(1)’ after ‘(a)’; CommentsClose CommentsPermalink
(2) in paragraph (1), as designated by paragraph (1) of this subsection, by striking ‘in subsection (c) of this section’ and inserting ‘in paragraph (2) of this subsection and subsection (c)’; and CommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph: CommentsClose CommentsPermalink
‘(2)(A) In the case of a veteran who is retired or separated 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. CommentsClose CommentsPermalink
‘(B) In this paragraph, the term ‘catastrophic disability’, with respect to a veteran, means a permanent, severely disabling injury, disorder, or disease that compromises the ability of the veteran to carry out the pilot project under this section.(e) Source of Funds- Notwithstanding any other provision of law, this section 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.’. CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by subsection (a) shall not be carried out with any funds provided for take effect on the date of the enactment of this Act and shall apply with respect to awards of compensation based on original claims that become effective on or after that date. CommentsClose CommentsPermalink
(c) Technical Correction Regarding Waiver of Retired Pay- Section 5305 is amended by striking ‘section 1414’ and inserting ‘sections 1212(d)(2) and 1414’. CommentsClose CommentsPermalink
SEC. 207. APPLICABILITY OF LIMITATION TO PENSION PAYABLE TO CERTAIN CHILDREN OF VETERANS OF A PERIOD OF WAR.
Section 5503(d)(5) is amended-- CommentsClose CommentsPermalink
(1) by inserting ‘(A)’ after ‘(5)’; and CommentsClose CommentsPermalink
(2) by adding at the end the following new subparagraph: CommentsClose CommentsPermalink
‘(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 manner as they apply to a veteran having neither spouse nor child.’. CommentsClose CommentsPermalink
SEC. 208. PAYMENT OF DEPENDENCY AND INDEMNITY COMPENSATION TO SURVIVORS OF FORMER PRISONERS OF WAR WHO DIED ON OR BEFORE SEPTEMBER 30, 1999.
Section 1318(b)(3) is amended by striking ‘who died after September 30, 1999,’. CommentsClose CommentsPermalink
TITLE III--READJUSTMENT AND RELATED BENEFIT MATTERS
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TITLE III--READJUSTMENT AND RELATED BENEFIT MATTERS CommentsClose CommentsPermalink
SEC. 301. REPEAL OF LIMITATION ON NUMBER OF VETERANS ENROLLED IN PROGRAMS OF INDEPENDENT LIVING SERVICES AND ASSISTANCE.
(a) In General- Section 3120 is amended-- CommentsClose CommentsPermalink
(1) by striking subsection (e); and CommentsClose CommentsPermalink
(2) by redesignating subsection (f) as subsection (e). CommentsClose CommentsPermalink
(b) Conforming Amendment- Subsection (a) of such section is amended by striking ‘described in subsection (f)’ and inserting ‘described in subsection (e)’. CommentsClose CommentsPermalink
SEC. 302. ELIGIBILITY OF DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES WITH SEVERE BURN INJURIES FOR AUTOMOBILES AND ADAPTIVE EQUIPMENT.
(a) Eligibility- Paragraph (1) of section 3901 is amended-- CommentsClose CommentsPermalink
(1) in subparagraph (A)-- CommentsClose CommentsPermalink
(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 CommentsClose CommentsPermalink
(B) by adding at the end the following new clause: CommentsClose CommentsPermalink
‘(iv) A severe burn injury (as determined pursuant to regulations prescribed by the Secretary).’; and CommentsClose CommentsPermalink
(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 subparagraph (A)’. CommentsClose CommentsPermalink
(b) Stylistic Amendments- Such section is further amended-- CommentsClose CommentsPermalink
(1) in the matter preceding paragraph (1), by striking ‘chapter--’ and inserting ‘chapter:’; CommentsClose CommentsPermalink
(2) in paragraph (1)-- CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A), by striking ‘means--’ and inserting ‘means the following:’; CommentsClose CommentsPermalink
(B) in subparagraph (A)-- CommentsClose CommentsPermalink
(i) in the matter preceding clause (i), by striking ‘any veteran’ and inserting ‘Any veteran’; CommentsClose CommentsPermalink
(ii) in clauses (i) and (ii), by striking the semicolon at the end and inserting a period; and CommentsClose CommentsPermalink
(iii) in clause (iii), by striking ‘; or’ and inserting a period; and CommentsClose CommentsPermalink
(C) in subparagraph (B), by striking ‘any member’ and inserting ‘Any member’. CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall take effect on October 1, 2010. CommentsClose CommentsPermalink
SEC. 303. ENHANCEMENT OF AUTOMOBILE ASSISTANCE ALLOWANCE FOR VETERANS.
(a) Increase in Amount of Allowance- Subsection (a) of section 3902 is amended by striking ‘$11,000’ and inserting ‘$22,500 (as adjusted from time to time under subsection (e))’. CommentsClose CommentsPermalink
(b) Annual Adjustment- Such section is further amended by adding at the end the following new subsection: CommentsClose CommentsPermalink
‘(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 preceding calendar year. CommentsClose CommentsPermalink
‘(2) The Secretary shall establish the method for determining the average retail cost of new automobiles for purposes of this subsection. The Secretary may use data developed in the private sector if the Secretary determines the data is appropriate for purposes of this subsection.’. CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall take effect on October 1, 2010. CommentsClose CommentsPermalink
SEC. 304. PAYMENT OF UNPAID BALANCES OF DEPARTMENT OF VETERANS AFFAIRS GUARANTEED LOANS.
Section 3732(a)(2) is amended-- CommentsClose CommentsPermalink
(1) by striking ‘Before suit’ and inserting ‘(A) Before suit’; and CommentsClose CommentsPermalink
(2) by adding at the end the following new subparagraph: CommentsClose CommentsPermalink
‘(B) In the event that a housing loan guaranteed under this chapter is modified under the authority provided under section 1322(b) of title 11, the Secretary may pay the holder of the obligation the unpaid balance of the obligation 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 manner satisfactory to the Secretary) of all rights, interest, claims, evidence, and records with respect to the housing loan.’. CommentsClose CommentsPermalink
TITLE IV--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES
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TITLE IV--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES CommentsClose CommentsPermalink
SEC. 401. WAIVER OF SOVEREIGN IMMUNITY UNDER THE 11TH AMENDMENT WITH RESPECT TO ENFORCEMENT OF USERRA.
(a) In General- Section 4323 is amended-- CommentsClose CommentsPermalink
(1) in subsection (b) by striking paragraph (2) and inserting the following new paragraph: CommentsClose CommentsPermalink
‘(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 undeState court of competent jurisdiction.’; CommentsClose CommentsPermalink
(2) by redesignating subsection (i) as subsection (j); and CommentsClose CommentsPermalink
(3) by inserting after subsection (h) the following new subsection (i): CommentsClose CommentsPermalink
‘(i) Waiver of State Sovereign Immunity- (1) A State’s receipt or use of Federal financial assistance for any authority of the Readjustmentprogram 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-- CommentsClose CommentsPermalink
‘(A) a person who is or was an employee in that program or activity for the rights or benefits program described by the list of Appropriated Entitlements and Mandatories for Fiscal Year 1997 contained in the Conference authorized the person by this chapter; CommentsClose CommentsPermalink
‘(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 CommentsClose CommentsPermalink
‘(C) a person seeking reemployment as an employee in that program or activity for the rights or benefits authorized the person by this chapter. CommentsClose CommentsPermalink
‘(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 (
).’. CommentsClose CommentsPermalink 42 U.S.C. 6107
(b) Application- The amendments made by subsection (a) shall apply to-- CommentsClose CommentsPermalink
(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 CommentsClose CommentsPermalink
(2) all actions or complaints filed under such chapter 43 that are commenced after the date of the enactment of this Act. CommentsClose CommentsPermalink
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: CommentsClose CommentsPermalink
‘(D)(i) Whether the term ‘successor in interest’ applies with respect to an entity described in subparagraph (A) for purposes of clause (iv) of such subparagraph shall be determined on a case-by-case basis using a multi-factor test that considers the following factors: CommentsClose CommentsPermalink
‘(I) Substantial continuity of business operations. CommentsClose CommentsPermalink
‘(II) Use of the same or similar facilities. CommentsClose CommentsPermalink
‘(III) Continuity of work force. CommentsClose CommentsPermalink
‘(IV) Similarity of jobs and working conditions. CommentsClose CommentsPermalink
‘(V) Similarity of supervisory personnel. CommentsClose CommentsPermalink
‘(VI) Similarity of machinery, equipment, and production methods. CommentsClose CommentsPermalink
‘(VII) Similarity of products or services. CommentsClose CommentsPermalink
‘(ii) The entity’s lack of notice or awareness of a potential or pending claim under this chapter at the time of a merger, acquisition, or other form of succession shall not be considered when applying the multi-factor test under clause (i).’. CommentsClose CommentsPermalink
(b) Application- The amendment made by subsection (a) shall apply to-- CommentsClose CommentsPermalink
(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 CommentsClose CommentsPermalink
(2) all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act. CommentsClose CommentsPermalink
SEC. 403. CLARIFYING THAT USERRA PROHIBITS WAGE DISCRIMINATION AGAINST MEMBERS OF THE ARMED FORCES.
(a) In General- Section 4303(2) is amended by striking ‘other than’ and inserting ‘including’. CommentsClose CommentsPermalink
(b) Application- The amendment made by subsection (a) shall apply to-- CommentsClose CommentsPermalink
(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 CommentsClose CommentsPermalink
(2) all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act. CommentsClose CommentsPermalink
SEC. 404. REQUIREMENT THAT FEDERAL AGENCIES PROVIDE NOTICE TO CONTRACTORS OF POTENTIAL USERRA OBLIGATIONS.
(a) Civilian Agencies- The Federal Property and Administrative Services Act of 1949 (
‘SEC. 318. 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 contractor may have obligations under chapter 43 of title 38, United States Code.’. CommentsClose CommentsPermalink
(b) Armed Forces- CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: CommentsClose CommentsPermalink
‘Sec. 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 contractor may have obligations under chapter 43 of title 38.’. CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections for such chapter is amended by adding at the end the following new item: CommentsClose CommentsPermalink
‘2334. Notice to contractors of potential obligations relating to employment and reemployment of members of the armed forces.’. CommentsClose CommentsPermalink
SEC. 405. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON EFFECTIVENESS OF FEDERAL PROGRAMS 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. CommentsClose CommentsPermalink
(b) Contents of Study- In carrying out the study required by subsection (a), the Comptroller General shall-- CommentsClose CommentsPermalink
(1) assess current practices and procedures of Federal agencies for educating employers about their obligations under chapter 43 of title 38, United States Code; CommentsClose CommentsPermalink
(2) identify best practices for bringing the employment practices of small businesses into compliance with such chapter; CommentsClose CommentsPermalink
(3) determine whether the Employer Support for the Guard and Reserve, the Small Business Administration, or other agencies could collaborate to develop a program to educate employers regarding their obligations under such chapter; and CommentsClose CommentsPermalink
(4) determine the effect on recruitment and retention in the National Guard and Reserves of the failure of employers to meet their reemployment obligations under such chapter. CommentsClose CommentsPermalink
(c) Report to accompany H.R. 2015 of the 105th Congress, the Balanced Budget Act of 1997 (H. Report 105-217).Congress- Not later than June 30, 2010, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), including the following: CommentsClose CommentsPermalink
(1) The findings of the Comptroller General with respect to such study. CommentsClose CommentsPermalink
(2) The recommendations of the Comptroller General for the improvement of education and outreach for employers with respect to their obligations under chapter 43 of title 38, United States Code. CommentsClose CommentsPermalink
SEC. 406. TECHNICAL AMENDMENTS.
(a) Amendment to Congressional Accountability Act of 1995- Section 206(b) of the Congressional Accountability Act of 1995 (
(b) Amendment to
(c) Amendment to
TITLE V--BURIAL AND MEMORIAL MATTERS
CommentsClose CommentsPermalink
TITLE V--BURIAL AND MEMORIAL MATTERS CommentsClose CommentsPermalink
SEC. 501. INCREASE IN CERTAIN BURIAL AND FUNERAL BENEFITS AND PLOT ALLOWANCES FOR VETERANS.
(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))’. CommentsClose CommentsPermalink
(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))’. CommentsClose CommentsPermalink
(c) Annual Adjustment- Section 2303 is amended by adding at the end the following new subsection: CommentsClose CommentsPermalink
‘(c) With respect to any fiscal year, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the burial and funeral expenses under subsection (a) and in the plot allowance under subsection (b), equal to the percentage by which-- CommentsClose CommentsPermalink
‘(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 CommentsClose CommentsPermalink
‘(2) the Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1).’. CommentsClose CommentsPermalink
(d) Effective Date- CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall apply with respect to deaths occurring on or after October 1, 2010. CommentsClose CommentsPermalink
(2) PROHIBITION ON COST-OF-LIVING ADJUSTMENT FOR FISCAL YEAR 2011- No funds adjustments shall be made under
TITLE VI--OTHER MATTERS
CommentsClose CommentsPermalink
TITLE VI--OTHER MATTERS CommentsClose CommentsPermalink
SEC. 601. NATIONAL ACADEMIES REVIEW OF BEST TREATMENTS 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 review of the best treatments for Gulf War Illness. CommentsClose CommentsPermalink
(b) Group of Medical Professionals- In conducting the study required under subsection (a), the Institute of Medicine shall convene a group of medical professionals who are experienced in treating individuals diagnosed with Gulf War illness as follows: CommentsClose CommentsPermalink
(1) Members of the Armed Forces who served during the Persian Gulf War in the Southwest Asia theater of operations. CommentsClose CommentsPermalink
(2) Members of the Armed Forces who served in the Post 9/11 Global Operations theaters. CommentsClose CommentsPermalink
(c) Reports- The contract required by subsection (a) shall be obligated for the purpose of carrying out this section except discretionary funds appropriated specifically for the purpose of carrying out this section in appropriation Acts enacted after the date of the enactment of this Act.Passedrequire the Institute of Medicine to submit to the Secretary and to the appropriate committees of Congress a report on the review required under subsection (a) not later than December 31, 2011. The final report shall include such recommendations for legislative or administrative action as the Institute considers appropriate in light of the results of the review. CommentsClose CommentsPermalink
(d) Funding- The Secretary shall provide the Institute of Medicine with such funds as are necessary to ensure the timely completion of the review required under subsection (a). CommentsClose CommentsPermalink
(e) Definitions- In this section: CommentsClose CommentsPermalink
(1) APPROPRIATE COMMITTEES OF CONGRESS- The term ‘appropriate committees of Congress’ means-- CommentsClose CommentsPermalink
(A) the Committee on Veterans’ Affairs of the Senate; and CommentsClose CommentsPermalink
(B) the Committee on Veterans’ Affairs of the House of Representatives July 14, 2009. Attest:
(2) GULF WAR ILLNESS- The term ‘Gulf War Illness’ means a medically unexplained chronic multisymptom illness, such as chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome, that is defined by a cluster of signs or symptoms relating to service in the Persian Gulf War or Post 9/11 Global Operations theaters. CommentsClose CommentsPermalink
(3) PERSIAN GULF WAR- The term ‘Persian Gulf War’ has the meaning given that term in
(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. CommentsClose CommentsPermalink
SEC. 602. EXTENSION OF NATIONAL ACADEMY OF SCIENCES REVIEWS AND EVALUATIONS REGARDING ILLNESS AND SERVICE IN PERSIAN GULF WAR.
(a) Review and Evaluation of Toxic Drugs and Illnesses Associated With Persian Gulf War- Section 1603(j) of the Persian Gulf War Veterans Act of 1998 (
Clerk. By Robert F. Reeves, Deputy Clerk.
(b) Review and Evaluation of Available Evidence Regarding Illness and Service in Persian Gulf War- CommentsClose CommentsPermalink
(1) IN GENERAL- Section 101(j) of the Veterans Programs Enhancement Act of 1998 (
(2) CONFORMING AMENDMENT- Section 1604 of the Persian Gulf War Veterans Act of 1998 (
SEC. 603. EXTENSION OF AUTHORITY FOR REGIONAL OFFICE IN REPUBLIC OF THE PHILIPPINES.
Section 315(b) is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2011’. CommentsClose CommentsPermalink
SEC. 604. AGGREGATE AMOUNT OF EDUCATIONAL ASSISTANCE AVAILABLE TO INDIVIDUALS WHO RECEIVE BOTH SURVIVORS’ AND DEPENDENTS EDUCATIONAL ASSISTANCE AND OTHER VETERANS AND RELATED EDUCATIONAL ASSISTANCE.
(a) Aggregate Amount Available- Section 3695 is amended-- CommentsClose CommentsPermalink
(1) in subsection (a)(4), by striking ‘35,’; and CommentsClose CommentsPermalink
(2) by adding at the end the following new subsection: CommentsClose CommentsPermalink
‘(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 subsection (a), on the other hand, may not exceed 81 months (or the part-time equivalent thereof).’. CommentsClose CommentsPermalink
(b) Applicability- The amendment made by subsection (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 reason of the operation of section 3695(a) of such title, as so in effect, before such date. CommentsClose CommentsPermalink
(c) Revival of Entitlement Reduced by Prior Utilization of Chapter 35 Assistance- CommentsClose CommentsPermalink
(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
(2) LIMITATION- The maximum period of entitlement to assistance of an individual under paragraph (1) may not exceed 81 months. CommentsClose CommentsPermalink
SEC. 605. TECHNICAL CORRECTION.
Section 5503(c) is amended by striking ‘veterans’ and inserting ‘veteran’s’. CommentsClose CommentsPermalink
Attest:CommentsClose CommentsPermalink
Secretary.CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H.R. 1037CommentsClose CommentsPermalink
AMENDMENTCommentsClose CommentsPermalink
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