[111th Congress Public Law 275]
[From the U.S. Government Printing Office]
[[Page 2864]]
VETERANS' BENEFITS ACT OF 2010
[[Page 124 STAT. 2865]]
Public Law 111-275
111th Congress
An Act
To amend title 38, United States Code, and the Servicemembers Civil
Relief Act to make certain improvements in the laws administered by the
Secretary of Veterans Affairs, and for other purposes. <<NOTE: Oct. 13,
2010 - [H.R. 3219]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Veterans'
Benefits Act of 2010.>>
SECTION 1. <<NOTE: 38 USC 101 note.>> SHORT TITLE; TABLE OF
CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans' Benefits
Act of 2010''.
(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--EMPLOYMENT, SMALL BUSINESS, AND EDUCATION MATTERS
Sec. 101. Extension and expansion of authority for certain qualifying
work-study activities for purposes of the educational
assistance programs of the Department of Veterans Affairs.
Sec. 102. Reauthorization of Veterans' Advisory Committee on Education.
Sec. 103. 18-month period for training of new disabled veterans'
outreach program specialists and local veterans' employment
representatives by National Veterans' Employment and Training
Services Institute.
Sec. 104. Clarification of responsibility of Secretary of Veterans
Affairs to verify small business ownership.
Sec. 105. Demonstration project for referral of USERRA claims against
Federal agencies to the Office of Special Counsel.
Sec. 106. Veterans Energy-Related Employment Program.
Sec. 107. Pat Tillman Veterans' Scholarship Initiative.
TITLE II--HOUSING AND HOMELESSNESS MATTERS
Sec. 201. Reauthorization of appropriations for Homeless Veterans
Reintegration Program.
Sec. 202. Homeless women veterans and homeless veterans with children
reintegration grant program.
Sec. 203. Specially Adapted Housing assistive technology grant program.
Sec. 204. Waiver of housing loan fee for certain veterans with service-
connected disabilities called to active service.
TITLE III--SERVICEMEMBERS CIVIL RELIEF ACT MATTERS
Sec. 301. Residential and motor vehicle leases.
Sec. 302. Termination of telephone service contracts.
Sec. 303. Enforcement by the Attorney General and by private right of
action.
TITLE IV--INSURANCE MATTERS
Sec. 401. Increase in amount of supplemental insurance for totally
disabled veterans.
Sec. 402. Permanent extension of duration of Servicemembers' Group Life
Insurance coverage for totally disabled veterans.
Sec. 403. Adjustment of coverage of dependents under Servicemembers'
Group Life Insurance.
Sec. 404. Opportunity to increase amount of Veterans' Group Life
Insurance.
[[Page 124 STAT. 2866]]
Sec. 405. Elimination of reduction in amount of accelerated death
benefit for terminally-ill persons insured under
Servicemembers' Group Life Insurance and Veterans' Group Life
Insurance.
Sec. 406. Consideration of loss of dominant hand in prescription of
schedule of severity of traumatic injury under
Servicemembers' Group Life Insurance.
Sec. 407. Enhancement of veterans' mortgage life insurance.
Sec. 408. Expansion of individuals qualifying for retroactive benefits
from traumatic injury protection coverage under
Servicemembers' Group Life Insurance.
TITLE V--BURIAL AND CEMETERY MATTERS
Sec. 501. Increase in certain burial and funeral benefits and plot
allowances for veterans.
Sec. 502. Interment in national cemeteries of parents of certain
deceased veterans.
Sec. 503. Reports on selection of new national cemeteries.
TITLE VI--COMPENSATION AND PENSION
Sec. 601. 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. 602. Cost-of-living increase for temporary dependency and indemnity
compensation payable for surviving spouses with dependent
children under the age of 18.
Sec. 603. Payment of dependency and indemnity compensation to survivors
of former prisoners of war who died on or before September
30, 1999.
Sec. 604. Exclusion of certain amounts from consideration as income for
purposes of veterans pension benefits.
Sec. 605. Commencement of period of payment of original awards of
compensation for veterans retired or separated from the
uniformed services for catastrophic disability.
Sec. 606. Applicability of limitation to pension payable to certain
children of veterans of a period of war.
Sec. 607. Extension of reduced pension for certain veterans covered by
Medicaid plans for services furnished by nursing facilities.
Sec. 608. Codification of 2009 cost-of-living adjustment in rates of
pension for disabled veterans and surviving spouses and
children.
TITLE VII--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
Sec. 701. Clarification that USERRA prohibits wage discrimination
against members of the Armed Forces.
Sec. 702. Clarification of the definition of ``successor in interest''.
Sec. 703. Technical amendments.
TITLE VIII--BENEFITS MATTERS
Sec. 801. Increase in number of veterans for which programs of
independent living services and assistance may be initiated.
Sec. 802. Payment of unpaid balances of Department of Veterans Affairs
guaranteed loans.
Sec. 803. Eligibility of disabled veterans and members of the Armed
Forces with severe burn injuries for automobiles and adaptive
equipment.
Sec. 804. Enhancement of automobile assistance allowance for veterans.
Sec. 805. National Academies review of best treatments for chronic
multisymptom illness in Persian Gulf War veterans.
Sec. 806. Extension and modification of National Academy of Sciences
reviews and evaluations on illness and service in Persian
Gulf War and Post-9/11 Global Operations Theaters.
Sec. 807. Extension of authority for regional office in Republic of the
Philippines.
Sec. 808. Extension of an annual report on equitable relief.
Sec. 809. Authority for the performance of medical disability
examinations by contract physicians.
TITLE IX--AUTHORIZATION OF MEDICAL FACILITY PROJECTS AND MAJOR MEDICAL
FACILITY LEASES
Sec. 901. Authorization of fiscal year 2011 major medical facility
leases.
Sec. 902. Modification of authorization amount for major medical
facility construction project previously authorized for the
Department of Veterans Affairs Medical Center, New Orleans,
Louisiana.
Sec. 903. Modification of authorization amount for major medical
facility construction project previously authorized for the
Department of Veterans Affairs Medical Center, Long Beach,
California.
[[Page 124 STAT. 2867]]
Sec. 904. Authorization of appropriations.
Sec. 905. Requirement that bid savings on major medical facility
projects of Department of Veterans Affairs be used for other
major medical facility construction projects of the
Department.
TITLE X--OTHER MATTERS
Sec. 1001. Technical corrections.
Sec. 1002. Statutory Pay-As-You-Go Act compliance.
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 a
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--EMPLOYMENT, SMALL BUSINESS, AND EDUCATION MATTERS
SEC. 101. EXTENSION AND EXPANSION OF AUTHORITY FOR CERTAIN
QUALIFYING WORK-STUDY ACTIVITIES FOR
PURPOSES OF THE EDUCATIONAL ASSISTANCE
PROGRAMS OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Extension.--Paragraph (4) of section 3485(a) <<NOTE: 38 USC
3485.>> is amended by striking ``June 30, 2010'' each place it appears
and inserting ``June 30, 2013''.
(b) Activities in State Veterans Agencies.--Such paragraph is
further amended by adding at the end the following new subparagraphs:
``(G) Any activity of a State veterans agency related to
providing assistance to veterans in obtaining any benefit under
the laws administered by the Secretary or the laws of the State.
``(H) A position working in a Center of Excellence for
Veteran Student Success, as established pursuant to part T of
title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161t
et seq.).
``(I) A position working in a cooperative program carried
out jointly by the Department and an institution of higher
learning.
``(J) Any other veterans-related position in an institution
of higher learning.''.
(c) Effective <<NOTE: 38 USC 3485 note.>> Date.--The amendment made
by subsection (b) shall take effect on October 1, 2011.
SEC. 102. REAUTHORIZATION OF VETERANS' ADVISORY COMMITTEE ON
EDUCATION.
Section 3692(c) is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2013''.
SEC. 103. 18-MONTH PERIOD FOR TRAINING OF NEW DISABLED VETERANS'
OUTREACH PROGRAM SPECIALISTS AND LOCAL
VETERANS' EMPLOYMENT REPRESENTATIVES BY
NATIONAL VETERANS' EMPLOYMENT AND TRAINING
SERVICES INSTITUTE.
(a) 18-month Period.--Section 4102A(c)(8)(A) is amended by striking
``three-year period'' and inserting ``18-month period''.
(b) Effective <<NOTE: 38 USC 4102A note.>> Date.--
[[Page 124 STAT. 2868]]
(1) Applicability to new employees.--The amendment made by
subsection (a) shall apply with respect to a State employee
assigned to perform the duties of a disabled veterans' outreach
program specialist or a local veterans' employment
representative under chapter 41 of title 38, United States Code,
who is so assigned on or after the date of the enactment of this
Act.
(2) Applicability to previously-
hired <<NOTE: Deadline.>> employees.--In the case of such a
State employee who is so assigned on or after January 1, 2006,
and before the date of the enactment of this Act, the Secretary
of Labor shall require the State to require, as a condition of a
grant or contract under which funds are made available to the
State in order to carry out section 4103A or 4104 of title 38,
United States Code, each such employee to satisfactorily
complete the training described in section 4102A(c)(8)(A) of
such title by not later than the date that is 18 months after
the date of the enactment of this Act.
SEC. 104. CLARIFICATION <<NOTE: Veterans Small Business
Verification Act.>> OF RESPONSIBILITY OF
SECRETARY OF VETERANS AFFAIRS TO VERIFY
SMALL BUSINESS OWNERSHIP.
(a) Short Title.--This <<NOTE: 38 USC 101 note.>> section may be
cited as the ``Veterans Small Business Verification Act''.
(b) Clarification of Responsibility of Secretary of Veterans Affairs
to Verify Small Business Ownership.--
(1) Clarification.--Section <<NOTE: 38 USC 8127.>> 8127(f)
is amended--
(A) in paragraph (2)--
(i) by inserting ``(A)'' before ``To be
eligible'';
(ii) by inserting after ``or the veteran.''
the following new sentence: ``Application for
inclusion in the database shall constitute
permission under section 552a of title 5 (commonly
referred to as the Privacy 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
clause (ii) the following new subparagraph:
``(B) If the Secretary receives an application for inclusion 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 status of the individual, the Secretary may not include the
small business concern owned and controlled by the individual in the
database maintained by the Secretary until the Secretary receives such
information as may be necessary to verify that the individual is a
veteran.''; and
(B) by striking paragraph (4) and inserting 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 and 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.''.
[[Page 124 STAT. 2869]]
(2) Applicability.--In <<NOTE: Deadline. Notification.>> the
case of a small business concern included in the database as of
the date of the enactment of this Act for which, as of such
date, the Secretary of Veterans Affairs has not verified the
status of such concern in accordance with paragraph (4) of
subsection (f) of section 8127 of title 38, United States Code,
as amended by paragraph (1), not later than 60 days after the
date of the enactment of this Act, the Secretary shall notify
the person who owns and controls the concern that--
(A) the Secretary is required to verify the status
of the concern in accordance with such paragraph, as so
amended;
(B) verification of such status shall require that
the person who owns and controls the concern apply for
inclusion in the database in accordance with such
subsection, as so amended;
(C) application for inclusion in the database shall
constitute permission under section 552a of title 5,
United States Code (commonly referred to as the Privacy
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
(D) the <<NOTE: Deadline.>> person who owns and
controls the concern must submit to the Secretary all
information required by the Secretary under this
paragraph within 90 days of receiving the Secretary's
notice of such requirement or the concern shall be
removed from the database.
SEC. 105. <<NOTE: 38 USC 4301 note.>> DEMONSTRATION PROJECT FOR
REFERRAL OF USERRA CLAIMS AGAINST FEDERAL
AGENCIES TO THE OFFICE OF SPECIAL COUNSEL.
(a) Establishment of Project.--The Secretary of Labor and the Office
of Special Counsel shall carry out a 36-month demonstration project
under which certain claims against Federal executive agencies under
chapter 43 of title 38, United States Code, are referred to, or
otherwise received by, the Office of Special Counsel for assistance,
including investigation and resolution of the claim as well as
enforcement of rights with respect <<NOTE: Deadline.>> to the claim. The
demonstration program shall begin not later than 60 days after the
Comptroller General of the United States submits the report required
under subsection (e)(3).
(b) Referral of All Prohibited Personnel Practice Claims to the
Office of Special Counsel.--
(1) In general.--Under the demonstration project, the Office
of Special Counsel shall receive and investigate all claims
under chapter 43 of title 38, United States Code, with respect
to Federal executive agencies in cases where the Office of
Special Counsel has jurisdiction over related claims pursuant to
section 1212 of title 5, United States Code.
(2) Related claims.--For purposes of paragraph (1), a
related claim is a claim involving the same Federal executive
agency and the same or similar factual allegations or legal
issues as those being pursued under a claim under chapter 43 of
title 38, United States Code.
(c) Referral of Other Claims Against Federal Executive Agencies.--
[[Page 124 STAT. 2870]]
(1) In general.--Under the demonstration project, the
Secretary--
(A) shall refer to the Office of Special Counsel all
claims described in paragraph (2) made during the period
of the demonstration project; and
(B) may refer any claim described in paragraph (2)
filed before the demonstration project that is pending
before the Secretary at the beginning of the
demonstration project.
(2) Claims described.--A claim described in this paragraph
is a claim under chapter 43 of title 38, United States Code,
against a Federal executive agency by a claimant with a social
security account number with an odd number as its terminal digit
or, in the case of a claim that does not contain a social
security account number, a case number assigned to the claim
with an odd number as its terminal digit.
(d) Administration of Demonstration Project.--
(1) In general.--The Office of Special Counsel shall
administer the demonstration project. The Secretary shall
cooperate with the Office of Special Counsel in carrying out the
demonstration project.
(2) Treatment of certain terms in chapter 43 of title 38,
united states code.--In the case of any claim referred to, or
otherwise received by, the Office of Special Counsel under the
demonstration project, any reference to the ``Secretary'' in
sections 4321, 4322, and 4326 of title 38, United States Code,
is deemed to be a reference to the ``Office of Special
Counsel''.
(3) Administrative jurisdiction.--In the case of any claim
referred to, or otherwise received by, the Office of Special
Counsel under the demonstration project, the Office of Special
Counsel shall retain administrative jurisdiction over the claim.
(e) Data Comparability for Reviewing Agency Performance.--
(1) In general.--To <<NOTE: Procedures.>> facilitate the
review of the relative performance of the Office of Special
Counsel and the Department of Labor during the demonstration
project, the Office of Special Counsel and the Department of
Labor shall jointly establish methods and procedures to be used
by both the Office and the Department during the demonstration
project. Such methods and procedures shall include each of the
following:
(A) Definitions of performance measures, including--
(i) customer satisfaction;
(ii) cost (such as, but not limited to,
average cost per claim);
(iii) timeliness (such as, but not limited to,
average processing time, case age);
(iv) capacity (such as, but not limited to,
staffing levels, education, grade level, training
received, caseload); and
(v) case outcomes.
(B) Definitions of case outcomes.
(C) Data collection methods and timing of
collection.
(D) Data quality assurance processes.
(2) Joint report to congress.--Not later than 90 days after
the date of the enactment of this Act, the Special Counsel
[[Page 124 STAT. 2871]]
and the Secretary of Labor shall jointly submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives and to the Comptroller General of the United
States a report describing the methods and procedures
established under paragraph (1).
(3) Comptroller general report.--Not later than 30 days
after the date of the submittal of the report under paragraph
(2), the Comptroller General shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a
report on the report submitted under paragraph (2) and may
provide recommendations for improving the methods and procedures
described therein.
(f) Agency Data to Government Accountability Office.--The Office of
Special Counsel and the Secretary of Labor shall submit to the
Comptroller General such information and data about the demonstration
project as may be required by the Comptroller General, from time to time
during the course of the demonstration project and at the conclusion, in
order for the Comptroller General to assess the reliability of the
demonstration data maintained by both the Office of Special Counsel and
the Department of Labor and to review the relative performance of the
Office and Department under the demonstration project.
(g) Government Accountability Office Report.--The Comptroller
General shall review the relative performance of the Office of Special
Counsel and the Department of Labor under the demonstration project
and--
(1) not later than one year after the commencement of the
demonstration project, and annually thereafter during the period
when the demonstration project is conducted, submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives an interim report on the demonstration project;
and
(2) not later than 90 days after the conclusion of the
demonstration project, submit to such committees a final report
that includes the findings and conclusions of the Comptroller
General regarding the relative performance of the Office and the
Department under the demonstration project and such
recommendations as the Comptroller General determines are
appropriate.
SEC. 106. <<NOTE: 29 USC 2913 note.>> VETERANS ENERGY-RELATED
EMPLOYMENT PROGRAM.
(a) Establishment of Pilot Program.--To encourage the employment of
eligible veterans in the energy industry, the Secretary of Labor, as
part of the Veterans Workforce Investment Program, shall carry out a
pilot program to be known as the ``Veterans Energy-Related Employment
Program''. Under <<NOTE: Grants. States.>> the pilot program, the
Secretary shall award competitive grants to not more than three States
for the establishment and administration of a State program to make
grants to energy employers that provide covered training, on-job
training, apprenticeships, and certification classes to eligible
veterans. Such a program shall be known as a ``State Energy-Related
Employment Program''.
(b) Eligibility for Grants.--To be eligible to receive a grant under
the pilot program, a State shall submit to the Secretary an application
that includes each of the following:
(1) A proposal for the expenditure of grant funds to
establish and administer a public-private partnership program
[[Page 124 STAT. 2872]]
designed to provide covered training, on-job training,
apprenticeships, and certification classes to a significant
number of eligible veterans and ensure lasting and sustainable
employment in well-paying jobs in the energy industry.
(2) Evidence that the State has--
(A) a population of eligible veterans of an
appropriate size to carry out the State program;
(B) a robust and diverse energy industry; and
(C) the ability to carry out the State program
described in the proposal under paragraph (1).
(3) Such other information and assurances as the Secretary
may require.
(c) Use of Funds.--A State that is the recipient of a grant under
this section shall use the grant for the following purposes:
(1) Making grants to energy employers to reimburse such
employers for the cost of providing covered training, on-job
training, apprenticeships, and certification classes to eligible
veterans who are first hired by the employer on or after
November 1, 2010.
(2) Conducting outreach to inform energy employers and
veterans, including veterans in rural areas, of their
eligibility or potential eligibility for participation in the
State program.
(d) Conditions.--Under the pilot program, each grant to a State
shall be subject to the following conditions:
(1) The <<NOTE: Payments.>> State shall repay to the
Secretary, on such date as shall be determined by the Secretary,
any amount received under the pilot program that is not used for
the purposes described in subsection (c).
(2) The <<NOTE: Reports.>> State shall submit to the
Secretary, at such times and containing such information as the
Secretary shall require, reports on the use of grant funds.
(e) Employer Requirements.--In order to receive a grant made by a
State under the pilot program, an energy employer shall--
(1) submit to the administrator of the State Energy-Related
Employment Program an application that includes--
(A) the rate of pay, during and after training, for
each eligible veteran proposed to be trained using grant
funds;
(B) the average rate of pay for an individual
employed by the energy employer in a similar position
who is not an eligible veteran; and
(C) such other information and assurances as the
administrator may require; and
(2) agree <<NOTE: Reports. Deadlines.>> to submit to the
administrator, for each quarter, a report containing such
information as the Secretary may specify.
(f) Limitation.--None of the funds made available to an energy
employer through a grant under the pilot program may be used to provide
training of any kind to--
(1) a person who is not an eligible veteran; or
(2) an eligible veteran for whom the employer has received a
grant, credit, or subsidy under any other provision of law.
(g) Report to Congress.--Together with the report required to be
submitted annually under section 4107(c) of title 38, United States
Code, the Secretary shall submit to Congress a report on the pilot
program for the year covered by such report. The report
[[Page 124 STAT. 2873]]
on the pilot program shall include a detailed description of activities
carried out under this section and an evaluation of the program.
(h) Administrative and Reporting Costs.--Of the amounts appropriated
pursuant to the authorization of appropriations under subsection (j),
two percent shall be made available to the Secretary for administrative
costs associated with implementing and evaluating the pilot program
under this section and for preparing and submitting the report required
under subsection (f). The <<NOTE: Determination.>> Secretary shall
determine the appropriate maximum amount of each grant awarded under
this section that may be used by the recipient for administrative and
reporting costs.
(i) Definitions.--For purposes of this section:
(1) The term ``covered training, on-job training,
apprenticeships, and certification classes'' means training, on-
job training, apprenticeships, and certification classes that
are--
(A) designed to provide the veteran with skills that
are particular to an energy industry and not directly
transferable to employment in another industry; and
(B) approved as provided in paragraph (1) or (2), as
appropriate, of subsection (a) of section 3687 of title
38, United States Code.
(2) The term ``eligible veteran'' means a veteran, as that
term is defined in section 101(2) of title 38, United States
Code, who is employed by an energy employer and enrolled or
participating in a covered training, on-job training,
apprenticeship, or certification class.
(3) The term ``energy employer'' means an entity that
employs individuals in a trade or business in an energy
industry.
(4) The term ``energy industry'' means any of the following
industries:
(A) The energy-efficient building, construction, or
retrofits industry.
(B) The renewable electric power industry, including
the wind and solar energy industries.
(C) The biofuels industry.
(D) The energy efficiency assessment industry that
serves the residential, commercial, or industrial
sectors.
(E) The oil and natural gas industry.
(F) The nuclear industry.
(j) Appropriations.--There is authorized to be appropriated to the
Secretary $1,500,000 for each of fiscal years 2012 through 2014, for the
purpose of carrying out the pilot program under this section.
SEC. 107. <<NOTE: 38 USC 3317 note.>> PAT TILLMAN VETERANS'
SCHOLARSHIP INITIATIVE.
(a) Availability of Scholarship Information.--
By <<NOTE: Deadline. Web postings. Lists.>> not later than June 1, 2011,
the Secretary of Veterans Affairs shall include on the Internet website
of the Department of Veterans Affairs a list of organizations that
provide scholarships to veterans and their survivors and, for each such
organization, a link to the Internet website of the organization.
(b) Maintenance of
Scholarship <<NOTE: Notification.>> Information.--The Secretary of
Veterans Affairs shall make reasonable efforts to notify schools and
other appropriate entities of the opportunity to be included on the
Internet website of the Department of Veterans Affairs pursuant to
subsection (a).
[[Page 124 STAT. 2874]]
TITLE II--HOUSING AND HOMELESSNESS MATTERS
SEC. 201. REAUTHORIZATION OF APPROPRIATIONS FOR HOMELESS VETERANS
REINTEGRATION PROGRAM.
Section 2021(e)(1)(F) <<NOTE: 38 USC 2021.>> is amended by striking
``2009'' and inserting ``2011''.
SEC. 202. HOMELESS WOMEN VETERANS AND HOMELESS VETERANS WITH
CHILDREN REINTEGRATION GRANT PROGRAM.
(a) Grant Program.--Chapter 20 is amended by inserting after section
2021 the following new section:
``Sec. 2021A. Homeless women veterans and homeless veterans with
children reintegration grant program
``(a) Grants.--Subject to the availability of appropriations
provided for such purpose, the Secretary of Labor shall make grants to
programs and facilities that the Secretary determines provide dedicated
services for homeless women veterans and homeless veterans with
children.
``(b) Use of Funds.--Grants under this section shall be used to
provide job training, counseling, placement services (including job
readiness and literacy and skills training) and child care services to
expedite the reintegration of homeless women veterans and homeless
veterans with children into the labor force.
``(c) Requirement To Monitor Expenditures of Funds.--(1) The
Secretary of Labor shall collect such information as that Secretary
considers appropriate to monitor and evaluate the distribution and
expenditure of funds appropriated to carry out this section. The
information shall include data with respect to the results or outcomes
of the services provided to each homeless veteran under this section.
``(2) Information under paragraph (1) shall be furnished in such
form and manner as the Secretary of Labor may specify.
``(d) Administration Through the Assistant Secretary of Labor for
Veterans' Employment and Training.--The Secretary of Labor shall carry
out this section through the Assistant Secretary of Labor for Veterans'
Employment and Training.
``(e) Biennial Report to Congress.--The Secretary of Labor shall
include as part of the report required under section 2021(d) of this
title an evaluation of the grant program under this section, which shall
include an evaluation of services furnished to veterans under this
section and an analysis of the information collected under subsection
(c).
``(f) Authorization of Appropriations.--(1) In addition to any
amount authorized to be appropriated to carry out section 2021 of this
title, there is authorized to be appropriated to carry out this section
$1,000,000 for each of fiscal years 2011 through 2015.
``(2) Funds appropriated to carry out this section shall remain
available until expended. Funds obligated in any fiscal year to carry
out this section may be expended in that fiscal year and the succeeding
fiscal year.''.
[[Page 124 STAT. 2875]]
(b) Clerical <<NOTE: 38 USC 2001.>> Amendment.--The table of
sections at the beginning of such chapter is amended by inserting after
the item relating to section 2021 the following new item:
``2021A. Homeless women veterans and homeless veterans with children
reintegration grant program.''.
SEC. 203. SPECIALLY ADAPTED HOUSING ASSISTIVE TECHNOLOGY GRANT
PROGRAM.
(a) In General.--Chapter 21 is amended by adding at the end the
following new section:
``Sec. 2108. Specially adapted housing assistive technology grant
program
``(a) Authority to Make Grants.--The Secretary shall make grants to
encourage the development of new assistive technologies for specially
adapted housing.
``(b) Application.--A person or entity seeking a grant under this
section shall submit to the Secretary an application for the grant in
such form and manner as the Secretary shall specify.
``(c) Grant Funds.--(1) Each grant awarded under this section shall
be in an amount of not more than $200,000 per fiscal year.
``(2) For each <<NOTE: Deadline.>> fiscal year in which the
Secretary makes a grant under this section, the Secretary shall make the
grant by not later than April 1 of that year.
``(d) Use of Funds.--The recipient of a grant under this section
shall use the grant to develop assistive technologies for use in
specially adapted housing.
``(e) Report.--Not later than March 1 of each fiscal year following
a fiscal year in which the Secretary makes a grant, the Secretary shall
submit to Congress a report containing information related to each grant
awarded under this section during the preceding fiscal year, including--
``(1) the name of the grant recipient;
``(2) the amount of the grant; and
``(3) the goal of the grant.
``(f) Funding.--From amounts appropriated to the Department for
readjustment benefits for each fiscal year for which the Secretary is
authorized to make a grant under this section, $1,000,000 shall be
available for that fiscal year for the purposes of the program under
this section.
``(g) Duration.--The authority to make a grant under this section
shall begin on October 1, 2011, and shall terminate on September 30,
2016.''.
(b) Clerical <<NOTE: 38 USC 2101.>> Amendment.--The table of
sections at the beginning of such chapter is amended by adding at the
end the following new item:
``2108. Specially adapted housing assistive technology grant program.''.
SEC. 204. WAIVER OF HOUSING LOAN FEE FOR CERTAIN VETERANS WITH
SERVICE-CONNECTED DISABILITIES CALLED TO
ACTIVE SERVICE.
Section 3729(c)(1) is <<NOTE: 38 USC 3729.>> amended by inserting
after ``retirement pay'' the following: ``or active service pay''.
[[Page 124 STAT. 2876]]
TITLE III--SERVICEMEMBERS CIVIL RELIEF ACT MATTERS
SEC. 301. 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 unpaid 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
termination 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 prorated basis. The lessor may not impose an early
termination charge, but any taxes, summonses, title and
registration fees, 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 or use and
mileage, that are due and unpaid at the time of termination of
the lease shall be paid by the lessee.''.
SEC. 302. TERMINATION OF TELEPHONE 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 TELEPHONE SERVICE CONTRACTS.
``(a) Termination by Servicemember.--
``(1) Termination.--A servicemember may terminate a contract
described in subsection (b) at any time after the date the
servicemember receives military orders to relocate for a period
of not less than 90 days to a location that does not support the
contract.
``(2) Notice.--In the case that a servicemember terminates a
contract as described in paragraph (1), the service provider
under the contract shall provide such servicemember with written
or electronic notice of the servicemember's rights under such
paragraph.
``(3) Manner of termination.--
Termination <<NOTE: Notice.>> of a contract under paragraph (1)
shall be made by delivery of a written or electronic notice of
such termination and a copy of the servicemember's military
orders to the service provider, delivered in accordance with
industry standards for notification of terminations, together
with the date on which the service is to be terminated.
``(b) Covered Contracts.--A contract described in this subsection is
a contract for cellular telephone service or telephone exchange service
entered into by the servicemember before receiving the military orders
referred to in subsection (a)(1).
``(c) Retention of Telephone Number.--In the case of a contract
terminated under subsection (a) by a servicemember whose
[[Page 124 STAT. 2877]]
period of relocation is for a period of three years or less, the service
provider under the contract shall, notwithstanding any other provision
of law, allow the servicemember to keep the telephone number the
servicemember has under the contract if the servicemember re-subscribes
to the service during the 90-day period beginning on the last day of
such period of relocation.
``(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 the contract, the
individual who entered into the contract may terminate the contract--
``(1) with respect to the servicemember if the servicemember
is eligible to terminate contracts pursuant to subsection (a);
and
``(2) with respect to all of the designated beneficiaries of
such contract if all such beneficiaries accompany the
servicemember during the servicemember's period of relocation.
``(e) Other Obligations and Liabilities.--For any contract
terminated under this section, the service provider under the contract
may not impose an early termination charge, but any tax or any other
obligation 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 during the 90-day period beginning on
the last day of the servicemember's period of relocation, the service
provider may not impose a charge for reinstating service, other than the
usual and customary charges for the installation or acquisition of
customer equipment imposed on any other subscriber.
``(f) Return of Advance Payments.--Not <<NOTE: Deadline.>> later
than 60 days after the effective date of the termination of a contract
under this section, the service provider under the contract shall refund
to the servicemember any fee or other amount to the extent paid for a
period extending until after such date, except for the remainder of the
monthly or similar billing period in which the termination occurs.
``(g) Definitions.--For purposes of 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 `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 <<NOTE: 50 USC app. 531.>> Amendment.--The heading for
title III of such Act is amended by inserting ``, TELEPHONE 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, TELEPHONE SERVICE CONTRACTS''; and
(2) by striking the item relating to section 305A and
inserting the following new item:
``Sec. 305A. Termination of telephone service contracts.''.
[[Page 124 STAT. 2878]]
SEC. 303. 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. <<NOTE: 50 USC app. 597.>> ENFORCEMENT BY THE ATTORNEY
GENERAL.
``(a) Civil Action.--The Attorney General may commence a civil
action in any appropriate district court of the United States against
any person who--
``(1) engages in a pattern or practice of violating 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 declaratory relief
with respect to the violation of this Act;
``(2) award all other appropriate relief, including monetary
damages, to any person aggrieved by the violation; and
``(3) may, to vindicate the public interest, assess a civil
penalty--
``(A) in an amount not exceeding $55,000 for a first
violation; and
``(B) in an amount not exceeding $110,000 for any
subsequent violation.
``(c) Intervention.--Upon timely application, a person aggrieved by
a violation of this Act with respect to which the civil action is
commenced may intervene in such action, and may obtain such appropriate
relief as the person could obtain in a civil action under section 802
with respect to that violation, along with costs and a reasonable
attorney fee.
``SEC. 802. <<NOTE: 50 USC app. 597a.>> PRIVATE RIGHT OF ACTION.
``(a) In General.--Any person aggrieved by a violation of this Act
may in a civil action--
``(1) obtain any appropriate equitable or declaratory relief
with respect to the violation; and
``(2) recover all other appropriate relief, including
monetary damages.
``(b) Costs and Attorney Fees.--The court may award to a person
aggrieved by a violation of this Act who prevails in an action brought
under subsection (a) the costs of the action, including a reasonable
attorney fee.
``SEC. 803. <<NOTE: 50 USC app. 597b. Fines.>> PRESERVATION OF
REMEDIES.
``Nothing in section 801 or 802 shall be construed to preclude or
limit any remedy otherwise available under other law, including
consequential and punitive damages.''.
(b) Conforming Amendments.--Such Act is further amended as follows:
(1) Section 207 (50 U.S.C. App. 527) is amended by striking
subsection (f).
(2) Section 301(c) (50 U.S.C. App. 531(c)) is amended to
read as follows:
[[Page 124 STAT. 2879]]
``(c) Misdemeanor.--Except as provided in subsection (a), a person
who knowingly takes part in an eviction or distress described in
subsection (a), or who knowingly attempts to do so, shall be fined as
provided in title 18, United States Code, or imprisoned for not more
than one year, or both.''.
(3) Section 302(b) (50 U.S.C. App. 532(b)) is amended to
read as follows:
``(b) Misdemeanor.--A person who knowingly resumes possession of
property in violation of subsection (a), or in violation of section 107
of this Act, or who knowingly attempts to do so, shall be fined as
provided in title 18, United States Code, or imprisoned for not more
than one year, or both.''.
(4) Section 303(d) (50 U.S.C. App. 533(d)) is amended to
read as follows:
``(d) Misdemeanor.--A person who knowingly makes or causes to be
made a sale, foreclosure, or seizure of property that is prohibited by
subsection (c), or who knowingly attempts to do so, shall be fined as
provided in title 18, United States Code, or imprisoned for not more
than one year, or both.''.
(5) Section 305(h) (50 U.S.C. App. 535(h)) is amended to
read as follows:
``(h) Misdemeanor.--Any person who knowingly seizes, holds, or
detains the personal effects, security deposit, or other property of a
servicemember or a servicemember's dependent who lawfully terminates a
lease covered by this section, or who knowingly interferes with the
removal of such property from premises covered by such lease, for the
purpose of subjecting or attempting to subject any of such property to a
claim for rent accruing subsequent to the date of termination of such
lease, or attempts to do so, shall be fined as provided in title 18,
United States Code, or imprisoned for not more than one year, or
both.''.
(6) Section 306(e) (50 U.S.C. App. 536(e)) is amended to
read as follows:
``(e) Misdemeanor.--A person who knowingly takes an action contrary
to this section, or attempts to do so, shall be fined as provided in
title 18, United States Code, or imprisoned for not more than one year,
or both.''.
(7) Section 307(c) (50 U.S.C. App. 537(c)) is amended to
read as follows:
``(c) Misdemeanor.--A person who knowingly takes an action contrary
to this section, or attempts to do so, shall be fined as provided in
title 18, United States Code, or imprisoned for not more than one year,
or both.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end the following new items:
``TITLE VIII--CIVIL LIABILITY
``Sec. 801. Enforcement by the Attorney General.
``Sec. 802. Private right of action.
``Sec. 803. Preservation of remedies.''.
[[Page 124 STAT. 2880]]
TITLE IV--INSURANCE MATTERS
SEC. 401. INCREASE IN AMOUNT OF SUPPLEMENTAL INSURANCE FOR TOTALLY
DISABLED VETERANS.
(a) In General.--Section 1922A(a) <<NOTE: 38 USC 1922.>> is amended
by striking ``$20,000'' and inserting ``$30,000''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on October 1, 2011.
SEC. 402. PERMANENT EXTENSION OF DURATION OF SERVICEMEMBERS' GROUP
LIFE INSURANCE COVERAGE FOR TOTALLY
DISABLED VETERANS.
(a) Extension.--Section 1968(a) is amended--
(1) in paragraph (1)(A), by striking clause (ii) and
inserting the following new clause (ii):
``(ii) The date that is two years after the
date of separation or release from such active
duty or active duty for training.''; and
(2) in paragraph (4), by striking subparagraph (B) and
inserting the following new subparagraph (B):
``(B) The date that is two years after the date of
separation or release from such assignment.''.
(b) Effective <<NOTE: 38 USC 1968 note.>> Date.--The amendments made
by subsection (a) shall apply with respect to a person who is separated
or released on or after June 15, 2005.
SEC. 403. ADJUSTMENT OF COVERAGE OF DEPENDENTS UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE.
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 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
``(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. 404. OPPORTUNITY TO INCREASE AMOUNT OF VETERANS' GROUP LIFE
INSURANCE.
(a) Opportunity to Increase Amount.--Section 1977(a) is amended--
(1) in paragraph (1), by inserting ``Except as provided in
paragraph (3),'' before ``Veterans' Group Life Insurance shall
be''; and
(2) by adding after paragraph (2) the following new
paragraph:
``(3) Not more than once in each five-year period beginning on the
one-year anniversary of the date a person becomes insured under
Veterans' Group Life Insurance, such person may elect in writing to
increase by $25,000 the amount for which the person is insured if--
``(A) the person is under the age of 60; and
``(B) the total amount for which the person is insured does
not exceed the amount provided for under section
1967(a)(3)(A)(i) of this title.''.
[[Page 124 STAT. 2881]]
(b) Effective <<NOTE: 38 USC 1977 note.>> Date.--Paragraph (3) of
section 1977(a) of title 38, United States Code, as added by subsection
(a), shall take effect on the date that is 180 days after the date of
the enactment of this Act.
SEC. 405. ELIMINATION OF REDUCTION IN AMOUNT OF ACCELERATED DEATH
BENEFIT FOR TERMINALLY-ILL PERSONS INSURED
UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE
AND VETERANS' GROUP LIFE INSURANCE.
(a) Elimination of Reduction.--Section 1980(b)(1) <<NOTE: 38 USC
1980.>> is amended by striking ``reduced by'' and all that follows
through ``the Secretary''.
(b) Effective <<NOTE: 38 USC 1980 note.>> Date.--The amendment made
by subsection (a) shall apply with respect to a payment of an
accelerated death benefit under section 1980 of title 38, United States
Code, made on or after the date of the enactment of this Act.
SEC. 406. CONSIDERATION OF LOSS OF DOMINANT HAND IN PRESCRIPTION
OF SCHEDULE OF SEVERITY OF TRAUMATIC
INJURY UNDER SERVICEMEMBERS' GROUP LIFE
INSURANCE.
(a) Schedule.--
(1) In general.--Section 1980A(d) is amended--
(A) by striking ``Payments under'' and inserting
``(1) Payments under''; and
(B) by adding at the end the following new
paragraph:
``(2) As the Secretary considers appropriate, the schedule required
by paragraph (1) may distinguish in specifying payments for qualifying
losses between the severity of a qualifying loss of a dominant hand and
of a qualifying loss of a nondominant hand.''.
(2) Effective date.--The <<NOTE: 38 USC 1980A
note.>> amendments made by paragraph (1) shall take effect on
October 1, 2011.
(b) Payments <<NOTE: 38 USC 1980A note.>> for Qualifying Losses
Incurred Before Date of Enactment.--
(1) In general.--To <<NOTE: Regulations.>> the extent
necessary, the Secretary of Veterans Affairs 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 paragraph
(2) of subsection (d) of such section (as added by subsection
(a)(1) of this section).
(2) Qualifying loss defined.--In this subsection, the term
``qualifying loss'' means--
(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. 407. ENHANCEMENT OF VETERANS' MORTGAGE LIFE INSURANCE.
(a) In General.--Section 2106(b) is amended by striking ``$90,000''
and inserting ``$150,000, or after January 1, 2012, $200,000,''.
(b) Effective <<NOTE: 38 USC 2106 note.>> Date.--The amendment made
by subsection (a) shall take effect on October 1, 2011.
[[Page 124 STAT. 2882]]
SEC. 408. 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 (Public Law
109-233; 120 Stat. 414; 38 U.S.C. 1980A note) is amended by striking ``,
if, as determined by the Secretary concerned, that loss was a direct
result of a traumatic injury incurred in the theater of operations 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 <<NOTE: 38 USC 1980A note.>> Date.--The amendments
made by this section shall take effect on October 1, 2011.
TITLE V--BURIAL AND CEMETERY MATTERS
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.--Paragraph (1)(A) of subsection (a) of section
2303 <<NOTE: 38 USC 2303.>> is amended by striking ``$300'' and
inserting ``$700 (as increased from time to time under subsection
(c))''.
(b) Increase in Amount of Plot Allowances.--Subsection (b) of such
section is amended by striking ``$300'' both places it appears and
inserting ``$700 (as increased from time to time under subsection
(c))''.
(c) Annual Adjustment.--Such section is further 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 dollar) in the maximum
amount of burial and funeral expenses payable under subsection (a) and
in the maximum amount of the plot or internment allowance payable 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 <<NOTE: 38 USC 2303 note.>> Date.--
(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, 2011.
(2) Prohibition on cost-of-living adjustment for fiscal year
2012.--No adjustments shall be made under section 2303(c) of
title 38, United States Code, as added by subsection (c), for
fiscal year 2012.
[[Page 124 STAT. 2883]]
SEC. 502. <<NOTE: Corey Shea Act.>> INTERMENT IN NATIONAL
CEMETERIES OF PARENTS OF CERTAIN DECEASED
VETERANS.
(a) Short Title.--This <<NOTE: 38 USC 101 note.>> section may be
cited as the ``Corey Shea Act''.
(b) Interment of Parents of Certain Deceased Veterans.--
Section <<NOTE: 38 USC 2402.>> 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 following 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 pursuant to paragraph (5).''; and
(4) by adding at the end the following new subsection:
``(b) <<NOTE: Definitions.>> For purposes of subsection (a)(9) of
this section:
``(1) The term `parent' means a biological father or a
biological mother or, in the case of adoption, 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 combat 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
injury incurred during combat, and includes a person killed
mistakenly or accidentally by friendly fire directed 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 activities in preparation for a combat
mission.''.
(c) Guidance <<NOTE: 38 USC 2402 note.>> Required.--The Secretary of
Veterans Affairs, in consultation with the Secretary of Defense, 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, as added by subsection (b), may be designated for interment
in a national cemetery under that section.
(d) Conforming Amendments.--
[[Page 124 STAT. 2884]]
(1) Cross-reference <<NOTE: 38 USC 107.>> 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 <<NOTE: 38 USC 107 note.>> 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 paragraph (9)(B) of subsection (a) of section 2402 of title 38,
United States Code, as added by subsection (b), who dies on or after
October 7, 2001.
SEC. 503. <<NOTE: 38 USC 2400 note.>> REPORTS ON SELECTION OF NEW
NATIONAL CEMETERIES.
(a) Initial Report.--
(1) Report required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report on the selection of the sites
described in paragraph (2) for the purpose of establishing new
national cemeteries.
(2) Sites.--The sites described in this paragraph are the
following:
(A) An area in southern Colorado.
(B) An area near Melbourne, Florida, and Daytona,
Florida.
(C) An area near Omaha, Nebraska.
(D) An area near Buffalo, New York, and Rochester,
New York.
(E) An area near Tallahassee, Florida.
(3) Site selection.--In carrying out this section, the
Secretary shall solicit advice and views of representatives of
State and local veterans organizations and other individuals as
the Secretary considers appropriate.
(4) Matters included.--The report under paragraph (1) shall
include the following:
(A) A schedule for the establishment of each
cemetery at each site described in paragraph (2) and an
estimate of the costs associated with the establishment
of each such cemetery.
(B) As of the date of the submittal of the report,
the amount of funds that are available to establish each
cemetery at each site described in paragraph (2) from
amounts appropriated to the Department of Veterans
Affairs for Advance Planning.
(b) Annual Reports.--Not later than two years after the date of the
enactment of this Act, and each year thereafter until the date on which
each cemetery at each site described in subsection (a)(2) is
established, the Secretary shall submit to Congress an annual report
that includes updates to the information provided in the report under
subsection (a).
[[Page 124 STAT. 2885]]
TITLE VI--COMPENSATION AND PENSION
SEC. 601. 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) Veterans Suffering Anatomical Loss of Hands, Arms, or Legs.--
Section 1114 <<NOTE: 38 USC 1114.>> is amended--
(1) in subsection (m)--
(A) by striking ``at a level, or with
complications,'' and inserting ``with factors''; and
(B) by striking ``at levels, or with
complications,'' and inserting ``with factors'';
(2) in subsection (n)--
(A) by striking ``at levels, or with
complications,'' 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 Disabilities 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 semicolon 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 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 considered 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).''.
(2) Conforming amendment.--Section 5503(c) is amended by
striking ``in section 1114(r)'' and inserting ``in subsection
(r) or (t) of section 1114''.
(c) Effective <<NOTE: 38 USC 1114 note.>> Date.--The amendments made
by this section shall take effect on October 1, 2011.
SEC. 602. 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--
[[Page 124 STAT. 2886]]
(1) in paragraph (1), by inserting ``(as increased from time
to time under paragraph (4))'' after ``$250'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following 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 section 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 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.''.
SEC. 603. PAYMENT OF DEPENDENCY AND INDEMNITY COMPENSATION TO
SURVIVORS OF FORMER PRISONERS OF WAR WHO
DIED ON OR BEFORE SEPTEMBER 30, 1999.
(a) In General.--Section 1318(b)(3) <<NOTE: 38 USC 1318.>> is
amended by striking ``who died after September 30, 1999,''.
(b) Effective <<NOTE: 38 USC 1318 note.>> Date.--The amendment made
by subsection (a) shall take effect on October 1, 2011.
SEC. 604. EXCLUSION OF CERTAIN AMOUNTS FROM CONSIDERATION AS
INCOME FOR PURPOSES OF VETERANS PENSION
BENEFITS.
(a) Exclusion.--Section 1503(a) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by redesignating paragraph (11) as paragraph (12); and
(3) by inserting after paragraph (10) the following new
paragraph (11):
``(11) payment of a monetary amount of up to $5,000 to a
veteran from a State or municipality that is paid as a veterans'
benefit due to injury or disease; and''.
(b) Effective <<NOTE: 38 USC 1503 note.>> Date.--The amendments made
by subsection (a) shall apply with respect to determinations of income
for calendar years beginning after October 1, 2011.
SEC. 605. 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--
(1) by inserting ``(1)'' after ``(a)'';
(2) in paragraph (1), as so designated by paragraph (1) of
this subsection, by striking ``in subsection (c) of this
section'' and inserting ``in paragraph (2) and subsection (c)'';
and
(3) by adding at the end the following new paragraph:
``(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.
[[Page 124 STAT. 2887]]
``(B) <<NOTE: Definition.>> For the purposes of 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 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 <<NOTE: 38 USC 5111 note.>> Date.--The amendments made
by subsection (a) shall take effect on October 1, 2011, and shall apply
with respect to awards of compensation based on original claims that
become effective on or after that date.
SEC. 606. APPLICABILITY OF LIMITATION TO PENSION PAYABLE TO
CERTAIN CHILDREN OF VETERANS OF A PERIOD
OF WAR.
Section 5503(d)(5) <<NOTE: 38 USC 5503.>> is amended--
(1) by inserting ``(A)'' after ``(5)''; and
(2) by adding at the end the following new subparagraph:
``(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.''.
SEC. 607. 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 ``May 31, 2015''.
SEC. 608. CODIFICATION OF 2009 COST-OF-LIVING ADJUSTMENT IN RATES
OF PENSION FOR DISABLED VETERANS AND
SURVIVING SPOUSES AND CHILDREN.
(a) Disabled Veterans.--Section 1521 of title 38, United States
Code, is amended--
(1) in subsection (b), by striking ``$3,550'' and inserting
``$11,830'';
(2) in subsection (c)--
(A) by striking ``$4,651'' and inserting
``$15,493''; and
(B) by striking ``$600'' and inserting ``$2,020'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``$5,680'' and
inserting ``$19,736''; and
(B) in paragraph (2)--
(i) by striking ``$6,781'' and inserting
``$23,396''; and
(ii) by striking ``$600'' and inserting
``$2,020'';
(4) in subsection (e)--
(A) by striking ``$4,340'' and inserting
``$14,457'';
(B) by striking ``$5,441'' and inserting
``$18,120''; and
(C) by striking ``$600'' and inserting ``$2,020'';
(5) in subsection (f)--
(A) in paragraph (1), by striking ``$4,651'' and
inserting ``$15,493'';
(B) in paragraph (2)--
(i) by striking ``$6,781'' and inserting
``$23,396''; and
(ii) by striking ``$8,911'' and inserting
``$30,480'';
(C) in paragraph (3)--
[[Page 124 STAT. 2888]]
(i) by striking ``$5,441'' and inserting
``$18,120''; and
(ii) by striking ``$6,231'' and inserting
``$20,747'';
(D) in paragraph (4), by striking ``$7,571'' and
inserting ``$26,018''; and
(E) in paragraph (5), by striking ``$600'' and
inserting ``$2,020''; and
(6) in subsection (g), by striking ``$800'' and inserting
``$2,686''.
(b) Surviving Spouses.--Section 1541 of such <<NOTE: 38 USC
1541.>> title is amended--
(1) in subsection (b), by striking ``$2,379'' and inserting
``$7,933'';
(2) in subsection (c)--
(A) by striking ``$3,116'' and inserting
``$10,385''; and
(B) by striking ``$600'' and inserting ``$2,020'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``$3,806'' and
inserting ``$12,681''; and
(B) in paragraph (2)--
(i) by striking ``$4,543'' and inserting
``$15,128''; and
(ii) by striking ``$600'' and inserting
``$2,020''; and
(4) in subsection (e)(1)--
(A) by striking ``$2,908'' and inserting ``$9,696'';
(B) by striking ``$3,645'' and inserting
``$12,144''; and
(C) by striking ``$600'' and inserting ``$2,020''.
(c) Surviving Children.--Section 1542 of such title is amended by
striking ``$600'' and inserting ``$2,020'' both places it appears.
(d) Effective <<NOTE: 38 USC 1521 note.>> Date.--The amendments made
by subsections (a), (b), and (c) shall apply with respect to pensions
paid on or after December 1, 2009.
TITLE VII--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
SEC. 701. CLARIFICATION 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''.
(b) Application.--The <<NOTE: 38 USC 4303 note.>> amendment made by
subsection (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. 702. CLARIFICATION OF THE DEFINITION OF ``SUCCESSOR IN
INTEREST''.
(a) In General.--Section 4303(4) is amended by adding at the end the
following new subparagraph:
[[Page 124 STAT. 2889]]
``(D)(i) Whether <<NOTE: Applicability.>> 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:
``(I) Substantial continuity of business operations.
``(II) Use of the same or similar facilities.
``(III) Continuity of work force.
``(IV) Similarity of jobs and working conditions.
``(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 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 <<NOTE: 38 USC 4303 note.>> amendment made by
subsection (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. 703. TECHNICAL AMENDMENTS.
(a) Amendment to Section 4324 of Title 38, United States Code.--
Section 4324(b)(4) is amended by inserting before the period the
following: ``declining to initiate an action and represent the person
before the Merit Systems Protection Board''.
(b) Amendment to Congressional Accountability Act of 1995.--Section
206(b) of the Congressional Accountability 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''.
(c) 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''.
TITLE VIII--BENEFITS MATTERS
SEC. 801. INCREASE IN NUMBER OF VETERANS FOR WHICH PROGRAMS OF
INDEPENDENT LIVING SERVICES AND ASSISTANCE
MAY BE INITIATED.
(a) Increase.--Section 3120(e) <<NOTE: 38 USC 3120.>> is amended by
striking ``2600'' and inserting ``2,700''.
(b) Effective <<NOTE: 38 USC 3120 note.>> Date.--The amendment made
by subsection (a) shall apply with respect to fiscal years beginning
after the date of the enactment of this Act.
SEC. 802. PAYMENT OF UNPAID BALANCES OF DEPARTMENT OF VETERANS
AFFAIRS GUARANTEED LOANS.
(a) In General.--Section 3732(a)(2) is amended--
[[Page 124 STAT. 2890]]
(1) by striking ``Before suit'' and inserting ``(A) Before
suit''; and
(2) by adding at the end the following new subparagraph:
``(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
principal balance of the obligation due, plus accrued interest, as of
the date of the filing of the petition under title 11, 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.''.
(b) Effective <<NOTE: 38 USC 3732 note.>> Date.--The amendments made
by subsection (a) shall apply with respect to a housing loan guaranteed
after the date of the enactment of this Act.
SEC. 803. 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 <<NOTE: 38 USC
3901.>> is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``the disabilities described in subclause (i), (ii), or
(iii) below'' and inserting ``the following
disabilities''; and
(B) by adding at the end the following new clause:
``(iv) A <<NOTE: Regulations.>> severe burn injury
(as determined pursuant to regulations prescribed by the
Secretary).''; 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 subparagraph (A)''.
(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 each of clauses (i) and (ii), by
striking the semicolon at the end and inserting a
period; 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 <<NOTE: 38 USC 3901 note.>> Date.--The amendments made
by this section shall take effect on October 1, 2011.
SEC. 804. 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 ``$18,900 (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) Effective <<NOTE: Effective date.>> on October 1 of each year
(beginning in 2011), the Secretary shall increase the dollar amount in
effect under
[[Page 124 STAT. 2891]]
subsection (a) by a percentage equal to the percentage by which the
Consumer Price Index for all urban consumers (U.S. city average)
increased during the 12-month period ending with the last month for
which Consumer Price Index data is available. In the event that such
Consumer Price Index does not increase during such period, the Secretary
shall maintain the dollar amount in effect under subsection (a) during
the previous fiscal year.''.
(c) Effective <<NOTE: 38 USC 3902 note.>> Date.--The amendments made
by this section shall take effect on October 1, 2011.
SEC. 805. NATIONAL ACADEMIES REVIEW OF BEST TREATMENTS FOR CHRONIC
MULTISYMPTOM ILLNESS IN PERSIAN GULF WAR
VETERANS.
(a) In General.--The <<NOTE: Contracts.>> Secretary of Veterans
Affairs shall seek to enter into an agreement with the Institute of
Medicine of the National Academies to carry out a comprehensive review
of the best treatments for chronic multisymptom illness in Persian Gulf
War veterans and an evaluation of how such treatment approaches could
best be disseminated throughout the Department of Veterans Affairs to
improve the care and benefits provided to veterans.
(b) Group of Medical Professionals.--Under any agreement entered
into under subsection (a), the Institute of Medicine shall convene a
group of medical professionals who are experienced in treating
individuals who served as members of the Armed Forces in the Southwest
Asia Theater of Operations of the Persian Gulf War during 1990 or 1991
and who have been diagnosed with chronic multisymptom illness or another
health condition related to chemical and environmental exposure that may
have occurred during such service.
(c) Report.--Any agreement entered into under subsection (a) shall
require the Institute of Medicine to submit to the Secretary and to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the review and evaluation described in
subsection (a) by not later than December 31, 2012. The report shall
include such recommendations for legislative or administrative action as
the Institute considers appropriate in light of the results of the
review.
(d) Funding.--Pursuant to any agreement entered into under
subsection (a), the Secretary shall provide the Institute of Medicine
with such funds as are necessary to ensure the timely completion of the
review described that subsection.
(e) Definitions.--For purposes of this section:
(1) The term ``chronic multisymptom illness in Persian Gulf
War veterans'' means a chronic multisymptom illness defined by a
cluster of signs or symptoms relating to service in the Persian
Gulf War, typically including widespread pain, persistent memory
and concentration problems, chronic headaches, gastrointestinal
problems, and other abnormalities not explained by well-
established diagnoses.
(2) The term ``Persian Gulf War'' has the meaning given that
term in section 101(33) of title 38, United States Code.
SEC. 806. EXTENSION AND MODIFICATION OF NATIONAL ACADEMY OF
SCIENCES REVIEWS AND EVALUATIONS ON
ILLNESS AND SERVICE IN PERSIAN GULF WAR
AND POST-9/11 GLOBAL OPERATIONS THEATERS.
(a) Review and Evaluation of Agents and Illnesses Associated With
Persian Gulf War Service.--
[[Page 124 STAT. 2892]]
(1) Extension of review and evaluation.--Subsection (j) of
section 1603 of the Persian Gulf War Veterans Act of 1998
(Public Law 105-277; 38 U.S.C. 1117 note), as amended by section
202(d)(2) of the Veterans Education and Benefits Expansion Act
of 2001 (Public Law 107-173; 115 Stat. 989), is amended by
striking ``October 1, 2010'' and inserting ``October 1, 2015''.
(2) Disaggregation of results by theaters of operations
before and after september 11, 2001.--Such section is further
amended--
(A) in subsection (c)(1)(A), by striking ``who
served in the Southwest Asia theater of operations'' and
all that follows and inserting ``who may have been
exposed by reason of service in the Southwest Asia
theater of operations during the Persian Gulf War or,
after September 11, 2001, in another Post-9/11 Global
Theater of Operations; and'';
(B) in subsection (g)(1), by striking ``Gulf War
service'' and inserting ``service described in
subsection (c)(1)(A)'';
(C) in subsection (i)--
(i) in paragraph (1), by striking ``paragraph
(5)'' and inserting ``paragraph (6)'';
(ii) by redesignating paragraph (5) as
paragraph (6); and
(iii) by inserting after paragraph (4) the
following new paragraph (5):
``(5) In each report under this subsection submitted after the date
of the enactment of this paragraph, any determinations, results, and
recommendations as described in paragraph (2) shall be submitted
separately as follows:
``(A) For the Southwest Asia theater of operations for the
period of the Persian Gulf War ending on September 11, 2001.
``(B) For the Post-9/11 Global Theaters of Operations for
the period of the Persian Gulf War beginning on September 11,
2001.''; and
(D) by adding at the end the following new
subsection:
``(l) Definitions.--In this section:
``(1) The term `Persian Gulf War' has the meaning given that
term in section 101(33) of title 38, United States Code.
``(2) The term `Post-9/11 Global Theater of Operations'
means Afghanistan, Iraq, and any other theater of operations for
which the Global War on Terrorism Expeditionary Medal is awarded
for service.''.
(b) Review and <<NOTE: 38 USC 1117 note.>> Evaluation of Available
Evidence Regarding Illness and Service in Persian Gulf War.--
(1) In general.--Subsection (j) of section 101 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 subsection (b)'' and inserting
``on October 1, 2018''.
(2) Disaggregation of results by theaters of operations
before and after september 11, 2001.--Such section is further
amended--
(A) in subsection (c)(1)--
(i) in the matter preceding subparagraph (A),
by striking ``Gulf war veterans'' and all that
follows through ``Persian Gulf War'' and inserting
``veterans who served in the Armed Forces in the
Southwest
[[Page 124 STAT. 2893]]
Asia theater of operations during the Persian Gulf
War or, after September 11, 2001, in another Post-
9/11 Global Theater of Operations and the health
consequences of exposures to risk factors during
such service''; and
(ii) in subparagraph (A), by striking ``who
served'' and all that follows through ``such
service'' and inserting ``who may have been
exposed by reason of service in the Southwest Asia
theater of operations during the Persian Gulf War
or, after September 11, 2001, in another Post-9/11
Global Theater of Operations'';
(B) in subsection (e)(1)--
(i) in the matter preceding subparagraph (A),
by striking ``Gulf War service or exposure during
Gulf War service'' and inserting ``service in the
Armed Forces in the Southwest Asia theater of
operations during the Persian Gulf War or, after
September 11, 2001, in another Post-9/11 Global
Theater of Operations or exposure during such
service''; and
(ii) in subparagraphs (E) and (F), by striking
``Gulf War veterans'' each place it appears and
inserting ``veterans described in subsection
(c)(1)'';
(C) in subsection (f)(1)--
(i) by striking ``service in the Persian Gulf
War'' and inserting ``service described in
subsection (c)(1)(A)''; and
(ii) by striking ``Gulf War service'' and
inserting ``such service'';
(D) in subsection (h), by adding at the end the
following new paragraph:
``(5) In each report under this subsection submitted after the date
of the enactment of this paragraph, any determinations, discussions, and
recommendations as described in paragraph (2) shall be submitted
separately as follows:
``(A) For the Southwest Asia theater of operations for the
period of the Persian Gulf War ending on September 11, 2001.
``(B) For the Post-9/11 Global Theaters of Operations for
the period of the Persian Gulf War beginning on September 11,
2001.'';
(E) in subsection (i)--
(i) in paragraph (2)--
(I) by striking ``Persian Gulf War
service'' and inserting ``service
described in subsection (c)(1)(A)'';
(II) by striking ``service in the
Persian Gulf War'' and inserting ``such
service''; and
(III) by striking ``Gulf War
veterans'' and inserting ``veterans
described in subsection (c)(1)(A)''; and
(ii) by adding at the end the following new
paragraph:
``(4) In each report under this subsection submitted after the date
of the enactment of this paragraph, any recommendations as described in
paragraph (2) shall be submitted separately as follows:
``(A) For the Southwest Asia theater of operations for the
period of the Persian Gulf War ending on September 11, 2001.
[[Page 124 STAT. 2894]]
``(B) For the Post-9/11 Global Theaters of Operations for
the period of the Persian Gulf War beginning on September 11,
2001.''; and
(F) in subsection (k)--
(i) by striking ``In this section, the term''
and inserting the following: ``In this section:
``(1) The term `Persian Gulf War' has the meaning given that
term in section 101(33) of title 38, United States Code.
``(2) The term `Post-9/11 Global Theater of Operations'
means Afghanistan, Iraq, and any other theater of operations for
which the Global War on Terrorism Expeditionary Medal is awarded
for service.
``(3) The term''; and
(ii) in paragraph (3), as designated by clause
(i)--
(I) by striking ``vaccine associated
with Gulf War service' means'' and
inserting ``vaccine', with respect to
service described in subsection
(c)(1)(A), means''; and
(II) by striking ``service in the
Armed Forces in the Southwest Asia
theater of operations during the Persian
Gulf War'' and inserting ``service
described in such subsection
(c)(1)(A)''.
(3) 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.
SEC. 807. EXTENSION OF AUTHORITY FOR REGIONAL OFFICE IN REPUBLIC
OF THE PHILIPPINES.
(a) Extension of Authority.--Section 315(b) <<NOTE: 38 USC 315.>> is
amended by striking ``December 31, 2010'' and inserting ``December 31,
2011''.
(b) Report.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Veterans' Affairs and
the Committee on Appropriations of the Senate and the Committee
on Veterans' Affairs and the Committee on Appropriations of the
House of Representatives a report on the regional office of the
Department of Veterans Affairs in the Republic of the
Philippines.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the activities of the office
described in such paragraph, including activities
relating to the administration of benefits provided
under laws administered by the Secretary of Veterans
Affairs and benefits provided under the Social Security
Act (42 U.S.C. 301 et seq.).
(B) An assessment of the costs and benefits of
maintaining such office in the Republic of the
Philippines in comparison with the costs and benefits of
moving the activities of such office to the United
States.
SEC. 808. EXTENSION OF AN ANNUAL REPORT ON EQUITABLE RELIEF.
Section 503(c) is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2014''.
[[Page 124 STAT. 2895]]
SEC. 809. AUTHORITY FOR THE PERFORMANCE OF MEDICAL DISABILITY
EXAMINATIONS BY CONTRACT PHYSICIANS.
Section 704(c) of the Veterans Benefits Act of 2003 (Public Law 108-
183; 38 U.S.C. 5101 note), as amended by section 105 of the Veterans'
Benefits Improvement Act of 2008 (Public Law 110-389; 122 Stat. 4149) is
amended by striking ``December 31, 2010'' and inserting ``December 31,
2012''.
TITLE IX--AUTHORIZATION OF MEDICAL FACILITY PROJECTS AND MAJOR MEDICAL
FACILITY LEASES
SEC. 901. AUTHORIZATION OF FISCAL YEAR 2011 MAJOR MEDICAL FACILITY
LEASES.
The Secretary of Veterans Affairs may carry out the following fiscal
year 2011 major medical facility leases at the locations specified, in
an amount not to exceed the amount shown for each such location:
(1) Billings, Montana, Community Based Outpatient Clinic, in
an amount not to exceed $7,149,000.
(2) Boston, Massachusetts, Outpatient Clinic, in an amount
not to exceed $3,316,000.
(3) San Diego, California, Community Based Outpatient
Clinic, in an amount not to exceed $21,495,000.
(4) San Francisco, California, Research Lab, in an amount
not to exceed $10,055,000.
(5) San Juan, Puerto Rico, Mental Health Facility, in an
amount not to exceed $5,323,000.
SEC. 902. MODIFICATION OF AUTHORIZATION AMOUNT FOR MAJOR MEDICAL
FACILITY CONSTRUCTION PROJECT PREVIOUSLY
AUTHORIZED FOR THE DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTER, NEW ORLEANS,
LOUISIANA.
Section 801(a)(1) of the Veterans Benefits, Health Care, and
Information Technology Act of 2006 (Public Law 109-461; 120 Stat. 3442),
as amended by section 702(a)(1) of the Veterans' Mental Health and Other
Care Improvements Act of 2008 (Public Law 110-387; 122 Stat. 4137), is
amended by striking ``$625,000,000'' and inserting ``$995,000,000''.
SEC. 903. MODIFICATION OF AUTHORIZATION AMOUNT FOR MAJOR MEDICAL
FACILITY CONSTRUCTION PROJECT PREVIOUSLY
AUTHORIZED FOR THE DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTER, LONG BEACH,
CALIFORNIA.
Section 802(9) of the Veterans Benefits, Health Care, and
Information Technology Act of 2006 (Public Law 109-461; 120 Stat. 3443)
is amended by striking ``$107,845,000'' and inserting ``$117,845,000''.
SEC. 904. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Construction.--There is
authorized to be appropriated to the Secretary of Veterans Affairs for
fiscal year 2011 for the Construction, Major Projects account
$1,112,845,000, of which--
[[Page 124 STAT. 2896]]
(1) $995,000,000 is for the increased amounts authorized for
the project whose authorization is modified by section 902; and
(2) $117,845,000 is for the increased amounts authorized for
the project whose authorization is modified by section 903.
(b) Authorization of Appropriations for Medical Facility Leases.--
There is authorized to be appropriated to the Secretary of Veterans
Affairs for fiscal year 2011 for the Medical Facilities account
$47,338,000 for the leases authorized in section 901.
(c) Limitations.--The projects whose authorizations are modified
under sections 902 and 903 may only be carried out using--
(1) funds appropriated for fiscal year 2011 pursuant to the
authorization of appropriations in subsection (a) of this
section;
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2011 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2011 that remain available for
obligation;
(4) funds appropriated for Construction, Major Projects, for
fiscal year 2011 for a category of activity not specific to a
project;
(5) funds appropriated for Construction, Major Projects, for
a fiscal year before 2011 for a category of activity not
specific to a project; and
(6) funds appropriated for Construction, Major Projects, for
a fiscal year after 2011 for a category of activity not specific
to a project.
SEC. 905. REQUIREMENT THAT BID SAVINGS ON MAJOR MEDICAL FACILITY
PROJECTS OF DEPARTMENT OF VETERANS AFFAIRS
BE USED FOR OTHER MAJOR MEDICAL FACILITY
CONSTRUCTION PROJECTS OF THE DEPARTMENT.
Section 8104(d) <<NOTE: 38 USC 8104.>> is amended--
(1) by striking ``In any case'' and inserting ``(1) Except
as provided in paragraph (2), in any case''; and
(2) by adding at the end the following new paragraph:
``(2)(A) In any fiscal year, unobligated amounts in the
Construction, Major Projects account that are a direct result of bid
savings from a major medical facility project may only be obligated for
major medical facility projects authorized for that fiscal year or a
previous fiscal year.
``(B) Whenever <<NOTE: Notice.>> the Secretary obligates amounts for
a major medical facility under subparagraph (A), the Secretary shall
submit to the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate and the Committee on Veterans' Affairs and
the Committee on Appropriations of the House of Representatives notice
of the following:
``(i) The major medical facility project that is the source
of the bid savings.
``(ii) The other major medical facility project for which
the amounts are being obligated.
``(iii) The amounts being obligated for such other major
medical facility project.''.
[[Page 124 STAT. 2897]]
TITLE X--OTHER MATTERS
SEC. 1001. TECHNICAL CORRECTIONS.
(a) Chapter 1.--The <<NOTE: 38 USC 101.>> table of sections at the
beginning of chapter 1 is amended by striking the item relating to
section 118 and inserting the following new item:
``118. Submission of reports to Congress in electronic form.''.
(b) Chapter 11.--Section 1114(r)(2) <<NOTE: 38 USC 1114.>> is
amended by striking ``$$2,983'' and inserting ``$2,983''.
(c) Chapter 17.--Chapter 17 is amended as follows:
(1) In each of subparagraphs (A) and (B) of section
1717(a)(2), by striking ``the date of the Caregivers and
Veterans Omnibus Health Services Act of 2010'' each place it
appears and inserting ``May 5, 2010''.
(2) In section 1785--
(A) by striking ``section 2811(b) of the Public
Health Service Act (42 U.S.C. 300hh-11(b))'' and
inserting ``section 2812 of the Public Health Service
Act (42 U.S.C. 300hh)''; and
(B) by striking ``paragraph (3)(A) of''.
(d) Chapter 19.--Chapter 19 is amended as follows:
(1) In the third sentence of section 1967(a)(3)(B), by
striking ``spouse,,'' and inserting ``spouse,''.
(2) In the second sentence of section 1980A(h), by inserting
``section'' before ``1968(a)''.
(e) Chapter 20.--Section 2044(e)(3) is amended by striking ``fiscal
year'' and inserting ``fiscal years''.
(f) Chapter 30.--The <<NOTE: 38 USC 3001.>> table of sections at the
beginning of chapter 30 is amended by striking the item relating to
section 3020 and inserting the following new item:
``3020. Authority to transfer unused education benefits to family
members for career service members.''.
(g) Chapter 33.--Chapter 33 is amended as follows:
(1) In section 3313(c)(1), by striking ``higher education''
each place it appears and inserting ``higher learning''
(2) In section 3313(d)(3), by striking ``assistance this
chapter'' and inserting ``assistance under this chapter''.
(3) In section 3313(e)(2)(B), by inserting a period at the
end.
(4) In section 3316(b)(2), by striking ``supplement'' and
inserting ``supplemental''.
(5) In section 3316(b)(3), by striking ``educational
payable'' and inserting ``educational assistance payable''.
(6) In section 3318(b)(2)(B), by striking ``higher
education'' and inserting ``higher learning''.
(7) In section 3319(b)(2), by striking ``section (k)'' and
inserting ``subsection (j)''.
(8) In section 3321(b)(2), by striking ``3312'' and
inserting ``section 3312 of this title''.
(h) Chapter 35.--Section 3512(a)(6) is amended by striking ``this
clause'' and inserting ``this paragraph''.
(i) Chapter 36.--Section 3684(a)(1) is amended by striking ``,,''
and inserting a comma.
[[Page 124 STAT. 2897]]
(j) Chapter 37.--Section <<NOTE: 38 USC 3733.>> 3733(a)(7) is
amended by inserting a comma after ``2003''.
(k) Chapter 41.--Section 4102A(b)(8) is amended by striking
``Employment and Training'' and inserting ``Employment, Training''.
(l) Chapter 55.--Chapter 55 is amended as follows:
(1) In section 5510, in the second sentence of the matter
preceding paragraph (1) by striking ``following: --'' and
inserting ``following:''.
(2) In section 5510(9), by striking ``government'' and
inserting ``Government''.
(m) Chapter 57.--Chapter 57 is amended as follows:
(1) In section 5723(g)(2), by inserting ``the'' before
``Department''.
(2) In section 5727(20), by striking ``subordinate plan
defines'' and inserting ``plan that defines''.
(n) Chapter 73.--Chapter 73 is amended as follows:
(1) The <<NOTE: 38 USC 7301.>> table of sections at the
beginning of such chapter is amended by striking the item
relating to section 7333 and inserting the following new item:
``7333. Nondiscrimination against alcohol and drug abusers and persons
infected with the human immunodeficiency virus.''.
(2) In section 7325(b)(2), by striking ``section 2811(b) of
the Public Health Service Act (42 U.S.C. 300hh-11(b))'' and
inserting ``section 2812 of the Public Health Service Act (42
U.S.C. 300hh-11)''.
(o) Chapter 79.--Section 7903(a) is amended by striking ``paragraph
(2)'' and inserting ``paragraph (3)''.
(p) Chapter 81.--Chapter 81 is amended as follows:
(1) In section 8111A(a)(2)(B)(ii)--
(A) by striking ``section 2811(b) of the Public
Health Service Act (42 U.S.C. 300hh-11(b))'' and
inserting ``section 2812 of the Public Health Service
Act (42 U.S.C. 300hh)''; and
(B) by striking ``paragraph (3)(A) of''.
(2) In section 8117(e)--
(A) in paragraph (1), by striking ``(42 U.S.C.
300hh-11(b))'' and inserting ``(42 U.S.C. 300hh-11)'';
and
(B) in paragraph (2), by striking ``(42 U.S.C. 247d-
6(a))'' and inserting ``(42 U.S.C. 247d-6)''.
SEC. 1002. STATUTORY PAY-AS-YOU-GO ACT COMPLIANCE.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the
[[Page 124 STAT. 2898]]
Congressional Record by the Chairman of the Senate Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
Approved October 13, 2010.
LEGISLATIVE HISTORY--H.R. 3219:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 111-223 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD:
Vol. 155 (2009):
July 27, considered and passed
House.
Vol. 156 (2010):
Sept. 28, considered and passed
Senate, amended.
Sept. 29, House concurred in Senate
amendments.
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