[Congressional Record Volume 156, Number 132 (Tuesday, September 28, 2010)]
[Senate]
[Pages S7638-S7650]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 4667. Mr. WEBB (for himself and Mr. Warner) submitted an amendment
[[Page S7639]]
intended to be proposed by him to the bill S. 3454, to authorize
appropriations for fiscal year 2011 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title IX, add the following:
SEC. 953. LIMITATIONS ON DISESTABLISHMENT OR RELATED ACTIONS
REGARDING THE UNIFIED COMBATANT COMMANDS.
(a) In General.--The President may not disestablish, close,
or realign a unified combatant command until the later of the
following:
(1) The submittal by the Secretary of Defense to the
congressional defense committees of a proposal for the
disestablishment, closure, or realignment of the combatant
command that sets forth the following:
(A) A description of the purpose and goals of, and the
analytical basis and justification for, the proposal.
(B) A list of alternatives, if any, considered before
recommending the proposal, including options such as the
consolidation or elimination of selected functions at the
command.
(C) A detailed plan of action and milestones for the
proposal, including a specific description of the functions
proposed for termination, retention, reduction, expansion, or
transfer, and the projected impacts of such actions on
military personnel, civilian employees, and contractor staff.
(D) An assessment of the impact of the proposal on the
accomplishment of the main missions of the command, including
a description and assessment of the manner in which such
missions will be performed during and upon completion of the
proposal.
(E) An evaluation of the impacts of the proposal on
expenditures of Federal funds, including an estimate of any
cost savings or cost increases that may be incurred by the
Department of Defense or other departments and agencies of
the Federal Government as a result of the proposal.
(F) An assessment of the impacts of the plan on employment
and the economy in the localities affected by the proposal.
(G) An environmental impact statement that reviews the
environmental and socio-economic impacts of the proposal at
each location anticipated to experience an increase or
decrease of more than 300 uniformed, civilian, or contract
personnel as a result of the proposal.
(2) The submittal by the Secretary to the congressional
defense committees of a certification that the
disestablishment, closure, or realignment of the combatant
command will not adversely affect military readiness, joint
concept development and experimentation, joint training,
joint capabilities development, or current and future joint
operations.
(3) The submittal by the Comptroller General of the United
States to the congressional defense committees of a report
setting forth a review and assessment of the proposal
submitted under paragraph (1).
(4) A period of 30 legislative days or 60 calendar days,
whichever is longer, elapses following the day on which the
Comptroller General submits the report referred to in
paragraph (3). For purposes of this paragraph, 30 legislative
days shall be treated as having elapsed from the date of the
submittal of a report only when 30 legislative days has
elapsed from that date in both the Senate and the House of
Representatives.
(b) Unified Combatant Command Defined.--In this section,
the term ``unified combatant command'' has the meaning given
that term in section 161(c)(1) of title 10, United States
Code.
______
SA 4668. Mr. DURBIN (for Mr. Kyl (for himself, Mr. Merkley, Mr. Burr,
Mrs. Feinstein, Mr. Isakson, Ms. Collins, and Mr. Vitter)) proposed an
amendment to the bill H.R. 5566, to amend title 18, United States Code,
to prohibit interstate commerce in animal crush videos, and for other
purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Animal Crush Video
Prohibition Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The United States has a long history of prohibiting the
interstate sale, marketing, advertising, exchange, and
distribution of obscene material and speech that is integral
to criminal conduct.
(2) The Federal Government and the States have a compelling
interest in preventing intentional acts of extreme animal
cruelty.
(3) Each of the several States and the District of Columbia
criminalize intentional acts of extreme animal cruelty, such
as the intentional crushing, burning, drowning, suffocating,
or impaling of animals for no socially redeeming purpose.
(4) There are certain extreme acts of animal cruelty that
appeal to a specific sexual fetish. These acts of extreme
animal cruelty are videotaped, and the resulting video tapes
are commonly referred to as ``animal crush videos''.
(5) The Supreme Court of the United States has long held
that obscenity is an exception to speech protected under the
First Amendment to the Constitution of the United States.
(6) In the judgment of Congress, many animal crush videos
are obscene in the sense that the depictions, taken as a
whole--
(A) appeal to the prurient interest in sex;
(B) are patently offensive; and
(C) lack serious literary, artistic, political, or
scientific value.
(7) Serious criminal acts of extreme animal cruelty are
integral to the creation, sale, distribution, advertising,
marketing, and exchange of animal crush videos.
(8) The creation, sale, distribution, advertising,
marketing, and exchange of animal crush videos is
intrinsically related and integral to creating an incentive
for, directly causing, and perpetuating demand for the
serious acts of extreme animal cruelty the videos depict. The
primary reason for those criminal acts is the creation, sale,
distribution, advertising, marketing, and exchange of the
animal crush video image.
(9) The serious acts of extreme animal cruelty necessary to
make animal crush videos are committed in a clandestine
manner that--
(A) allows the perpetrators of such crimes to remain
anonymous;
(B) makes it extraordinarily difficult to establish the
jurisdiction within which the underlying criminal acts of
extreme animal cruelty occurred; and
(C) often precludes proof that the criminal acts occurred
within the statute of limitations.
(10) Each of the difficulties described in paragraph (9)
seriously frustrates and impedes the ability of State
authorities to enforce the criminal statutes prohibiting such
behavior.
SEC. 3. ANIMAL CRUSH VIDEOS.
(a) In General.--Section 48 of title 18, United States
Code, is amended to read as follows:
``Sec. 48. Animal crush videos
``(a) Definition.--In this section the term `animal crush
video' means any photograph, motion-picture film, video or
digital recording, or electronic image that--
``(1) depicts actual conduct in which 1 or more living non-
human mammals, birds, reptiles, or amphibians is
intentionally crushed, burned, drowned, suffocated, impaled,
or otherwise subjected to serious bodily injury (as defined
in section 1365 and including conduct that, if committed
against a person and in the special maritime and territorial
jurisdiction of the United States, would violate section 2241
or 2242); and
``(2) is obscene.
``(b) Prohibitions.--
``(1) Creation of animal crush videos.--It shall be
unlawful for any person to knowingly create an animal crush
video, or to attempt or conspire to do so, if--
``(A) the person intends or has reason to know that the
animal crush video will be distributed in, or using a means
or facility of, interstate or foreign commerce; or
``(B) the animal crush video is distributed in, or using a
means or facility of, interstate or foreign commerce.
``(2) Distribution of animal crush videos.--It shall be
unlawful for any person to knowingly sell, market, advertise,
exchange, or distribute an animal crush video in, or using a
means or facility of, interstate or foreign commerce, or to
attempt or conspire to do so.
``(c) Extraterritorial Application.--Subsection (b) shall
apply to the knowing sale, marketing, advertising, exchange,
distribution, or creation of an animal crush video outside of
the United States, or any attempt or conspiracy to do so,
if--
``(1) the person engaging in such conduct intends or has
reason to know that the animal crush video will be
transported into the United States or its territories or
possessions; or
``(2) the animal crush video is transported into the United
States or its territories or possessions.''
``(d) Penalty.--Any person who violates subsection (b)
shall be fined under this title, imprisoned for not more than
7 years, or both.
``(e) Exceptions.--
``(1) In general.--This section shall not apply with regard
to any visual depiction of--
``(A) customary and normal veterinary or agricultural
husbandry practices;
``(B) the slaughter of animals for food; or
``(C) hunting, trapping, or fishing.
``(2) Good-faith distribution.--This section shall not
apply to the good-faith distribution of an animal crush video
to--
``(A) a law enforcement agency; or
``(B) a third party for the sole purpose of analysis to
determine if referral to a law enforcement agency is
appropriate.
``(f) No Preemption.--Nothing in this section shall be
construed to preempt the law of any State or local
subdivision thereof to protect animals.''.
(b) Clerical Amendment.--The item relating to section 48 in
the table of sections for chapter 3 of title 18, United
States Code, is amended to read as follows:
``48. Animal crush videos.''.
(c) Severability.--If any provision of section 48 of title
18, United States Code (as amended by this section), or the
application of the provision to any person or circumstance,
is held to be unconstitutional,
[[Page S7640]]
the provision and the application of the provision to other
persons or circumstances shall not be affected thereby.
______
SA 4669. Mr. DURBIN (for Mr. Bingaman) proposed an amendment to the
bill H.R. 3940, to amend Public Law 96-597 to clarify the authority of
the Secretary of the Interior to extend grants and other assistance to
facilitate political status public education programs for the peoples
of the non-self-governing territories of the United States; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SENSE OF CONGRESS REGARDING POLITICAL STATUS
EDUCATION IN GUAM.
It is the sense of Congress that the Secretary of the
Interior may provide technical assistance to the Government
of Guam under section 601(a) of the Act entitled ``An Act to
authorize appropriations for certain insular areas of the
United States, and for other purposes'', approved December
24, 1980 (48 U.S.C. 1469d(a)), for public education regarding
political status options only if the political status options
are consistent with the Constitution of the United States.
SEC. 2. MINIMUM WAGE IN AMERICAN SAMOA AND THE COMMONWEALTH
OF THE NORTHERN MARIANA ISLANDS.
(a) Delayed Effective Date.--Section 8103(b) of the Fair
Minimum Wage Act of 2007 (29 U.S.C. 206 note) (as amended by
section 520 of division D of Public Law 111-117) is amended--
(1) in paragraph (1)(B), by inserting ``(except 2011 when
there shall be no increase)'' after ``thereafter'' the second
place it appears; and
(2) in paragraph (2)(C), by striking ``except that,
beginning in 2010'' and inserting ``except that there shall
be no such increase in 2010 or 2011 and, beginning in 2012''.
(b) GAO Report.--Section 8104 of such Act (as amended) is
amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) Report.--The Government Accountability Office shall
assess the impact of minimum wage increases that have
occurred pursuant to section 8103, and not later than
September 1, 2011, shall transmit to Congress a report of its
findings. The Government Accountability Office shall submit
subsequent reports not later than April 1, 2013, and every 2
years thereafter until the minimum wage in the respective
territory meets the federal minimum wage.''; and
(2) by redesignating subsection (c) as subsection (b).
______
SA 4670. Mr. DURBIN (for Mr. Bingaman) proposed an amendment to the
bill H.R. 3940, to amend Public Law 96-597 to clarify the authority of
the Secretary of the Interior to extend grants and other assistance to
facilitate political status public education programs for the peoples
of the non-self-governing territories of the United States; as follows:
Amend the title so as to read: ``To clarify the
availability of existing funds for political status education
in the Territory of Guam, and for other purposes.''.
______
SA 4671. Mr. DURBIN (for Mr. Akaka) proposed an amendment to the bill
H.R. 3219, 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; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. 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.
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.
[[Page S7641]]
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.
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) 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 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 Date.--
(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 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 OF RESPONSIBILITY OF SECRETARY OF
VETERANS AFFAIRS TO VERIFY SMALL BUSINESS
OWNERSHIP.
(a) Short Title.--This section may be cited as the
``Veterans Small Business Verification Act''.
(b) Clarification of Responsibility of Secretary of
Veterans Affairs To Verify Small Business Ownership.--
(1) Clarification.--Section 8127(f) is amended--
(A) in paragraph (2)--
(i) by inserting ``(A)'' before ``To be eligible'';
(ii) by inserting after ``or the 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.''.
(2) Applicability.--In the case of a small business concern
included in the database as of the date of the enactment of
this Act for which, as of such date, the Secretary of
Veterans Affairs has not verified the status of such concern
in accordance with paragraph (4) of subsection (f) of section
8127 of title 38, United States Code, as amended by 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 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. 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 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.--
(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
[[Page S7642]]
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 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
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. 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 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
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 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 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 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 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 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.
[[Page S7643]]
(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. PAT TILLMAN VETERANS' SCHOLARSHIP INITIATIVE.
(a) Availability of Scholarship Information.--By 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 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).
TITLE II--HOUSING AND HOMELESSNESS MATTERS
SEC. 201. REAUTHORIZATION OF APPROPRIATIONS FOR HOMELESS
VETERANS REINTEGRATION PROGRAM.
Section 2021(e)(1)(F) 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.''.
(b) Clerical 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 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 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 amended by inserting after
``retirement pay'' the following: ``or active service pay''.
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 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 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
[[Page S7644]]
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 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 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.''.
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. 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. 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. 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:
``(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.''.
TITLE IV--INSURANCE MATTERS
SEC. 401. INCREASE IN AMOUNT OF SUPPLEMENTAL INSURANCE FOR
TOTALLY DISABLED VETERANS.
(a) In General.--Section 1922A(a) 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 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
[[Page S7645]]
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.''.
(b) Effective 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) is
amended by striking ``reduced by'' and all that follows
through ``the Secretary''.
(b) Effective 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 amendments made by paragraph (1)
shall take effect on October 1, 2011.
(b) Payments for Qualifying Losses Incurred Before Date of
Enactment.--
(1) In general.--To 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 Date.--The amendment made by subsection (a)
shall take effect on October 1, 2011.
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 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 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 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.
SEC. 502. INTERMENT IN NATIONAL CEMETERIES OF PARENTS OF
CERTAIN DECEASED VETERANS.
(a) Short Title.--This section may be cited as the ``Corey
Shea Act''.
(b) Interment of Parents of Certain Deceased Veterans.--
Section 2402 is amended--
(1) in the matter preceding paragraph (1), by striking
``Under such regulations'' and inserting ``(a) Under such
regulations'';
(2) by moving the margins of paragraphs (1) through (8) two
ems to the right;
(3) by inserting after paragraph (8) the 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) 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 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.--
(1) Cross-reference correction.--Section 107 is amended by
striking ``section 2402(8)'' both places it appears and
inserting ``section 2402(a)(8)''.
(2) Cross-reference correction.--Section 2301(e) is amended
by striking ``section 2402(6)'' and inserting ``section
2402(a)(6)''.
(3) Cross-reference correction.--Section 2306(a) is
amended--
(A) in paragraph (2), by striking ``section 2402(4)'' and
inserting ``section 2402(a)(4)''; and
(B) in paragraph (4), by striking ``section 2402(5)'' and
inserting ``section 2402(a)(5)''.
(e) Effective Date.--The amendments made by this section
shall apply with respect to the death, on or after the date
of the enactment of this Act, of the parent of a person
described in 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. 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.
[[Page S7646]]
(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).
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 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 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--
(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) is amended by striking
``who died after September 30, 1999,''.
(b) Effective 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 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.
``(B) 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 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) 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)--
(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 title is
amended--
(1) in subsection (b), by striking ``$2,379'' and inserting
``$7,933'';
[[Page S7647]]
(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 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 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:
``(D)(i) Whether the term `successor in interest' applies
with respect to an entity described in subparagraph (A) for
purposes of clause (iv) of such subparagraph shall be
determined on a case-by-case basis using a multi-factor test
that considers the following factors:
``(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 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) is amended by striking
``2600'' and inserting ``2,700''.
(b) Effective 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--
(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 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 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 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 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 on October 1 of each year (beginning in
2011), the Secretary shall increase the dollar amount in
effect under 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 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 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
[[Page S7648]]
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.--
(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 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 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.
``(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) 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''.
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.
[[Page S7649]]
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--
(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) 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 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.''.
TITLE X--OTHER MATTERS
SEC. 1001. TECHNICAL CORRECTIONS.
(a) Chapter 1.--The 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) 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 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.
(j) Chapter 37.--Section 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 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 Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
______
SA 4672. Mr. DURBIN (for Mr. Akaka) proposed an amendment to the bill
H.R. 3219, 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; as follows:
Amend the title so as to read: ``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.''.
[[Page S7650]]
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