[110th Congress Public Law 389]
[From the U.S. Government Printing Office]
[DOCID: f:publ389.110]
[[Page 122 STAT. 4145]]
Public Law 110-389
110th Congress
An Act
To amend title 38, United States Code, to improve and enhance
compensation and pension, housing, labor and education, and insurance
benefits for veterans, and for other purposes. <<NOTE: Oct. 10,
2008 - [S. 3023]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Veterans'
Benefits Improvement Act of 2008.>>
SECTION 1. <<NOTE: 38 USC 101 note.>> SHORT TITLE; TABLE OF
CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans' Benefits
Improvement Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reference to title 38, United States Code.
TITLE I--COMPENSATION AND PENSION MATTERS
Sec. 101. Regulations on contents of notice to be provided claimants by
the Department of Veterans Affairs regarding the
substantiation of claims.
Sec. 102. Judicial review of adoption and revision by the Secretary of
Veterans Affairs of the schedule of ratings for disabilities
of veterans.
Sec. 103. Conforming amendment relating to non-deductibility from
veterans' disability compensation of disability severance pay
for disabilities incurred by members of the Armed Forces in
combat zones.
Sec. 104. Report on progress of the Secretary of Veterans Affairs in
addressing causes for variances in compensation payments for
veterans for service-connected disabilities.
Sec. 105. Extension of temporary authority for the performance of
medical disability examinations by contract physicians.
Sec. 106. Addition of osteoporosis to disabilities presumed to be
service-connected in former prisoners of war with post-
traumatic stress disorder.
TITLE II--MODERNIZATION OF DEPARTMENT OF VETERANS AFFAIRS DISABILITY
COMPENSATION SYSTEM
Subtitle A--Benefits Matters
Sec. 211. Authority for temporary disability ratings.
Sec. 212. Substitution upon death of claimant.
Sec. 213. Report on compensation of veterans for loss of earning
capacity and quality of life and on long-term transition
payments to veterans undergoing rehabilitation for service-
connected disabilities.
Sec. 214. Advisory Committee on Disability Compensation.
Subtitle B--Assistance and Processing Matters
Sec. 221. Pilot programs on expedited treatment of fully developed
claims and provision of checklists to individuals submitting
claims.
Sec. 222. Office of Survivors Assistance.
Sec. 223. Comptroller General report on adequacy of dependency and
indemnity compensation to maintain survivors of veterans who
die from service-connected disabilities.
Sec. 224. Independent assessment of quality assurance program.
Sec. 225. Certification and training of employees of the Veterans
Benefits Administration responsible for processing claims.
[[Page 122 STAT. 4146]]
Sec. 226. Study of performance measures for claims adjudications of the
Veterans Benefits Administration.
Sec. 227. Review and enhancement of use of information technology in
Veterans Benefits Administration.
Sec. 228. Study and report on improving access to medical advice.
TITLE III--LABOR AND EDUCATION MATTERS
Subtitle A--Labor and Employment Matters
Sec. 311. Reform of USERRA complaint process.
Sec. 312. Modification and expansion of reporting requirements with
respect to enforcement of USERRA.
Sec. 313. Training for executive branch human resources personnel on
employment and reemployment rights of members of the
uniformed services.
Sec. 314. Report on the employment needs of Native American veterans
living on tribal lands.
Sec. 315. Equity powers.
Sec. 316. Waiver of residency requirement for Directors for Veterans'
Employment and Training.
Sec. 317. Modification of special unemployment study to cover veterans
of Post 9/11 Global Operations.
Subtitle B--Education Matters
Sec. 321. Modification of period of eligibility for Survivors' and
Dependents' Educational Assistance of certain spouses of
individuals with service-connected disabilities total and
permanent in nature.
Sec. 322. Repeal of requirement for report to the Secretary of Veterans
Affairs on prior training.
Sec. 323. Modification of waiting period before affirmation of
enrollment in a correspondence course.
Sec. 324. Change of programs of education at the same educational
institution.
Sec. 325. Repeal of certification requirement with respect to
applications for approval of self-employment on-job training.
Sec. 326. Coordination of approval activities in the administration of
education benefits.
Subtitle C--Vocational Rehabilitation Matters
Sec. 331. Waiver of 24-month limitation on program of independent living
services and assistance for veterans with a severe disability
incurred in the Post-9/11 Global Operations period.
Sec. 332. Increase in cap of number of veterans participating in
independent living program.
Sec. 333. Report on measures to assist and encourage veterans in
completing vocational rehabilitation.
Sec. 334. Longitudinal study of Department of Veterans Affairs
vocational rehabilitation programs.
TITLE IV--INSURANCE MATTERS
Sec. 401. Report on inclusion of severe and acute post-traumatic stress
disorder among conditions covered by traumatic injury
protection coverage under Servicemembers' Group Life
Insurance.
Sec. 402. Treatment of stillborn children as insurable dependents under
Servicemembers' Group Life Insurance.
Sec. 403. Other enhancements of Servicemembers' Group Life Insurance
coverage.
Sec. 404. Administrative costs of service disabled veterans' insurance.
TITLE V--HOUSING MATTERS
Sec. 501. Temporary increase in maximum loan guaranty amount for certain
housing loans guaranteed by Secretary of Veterans Affairs.
Sec. 502. Report on impact of mortgage foreclosures on veterans.
Sec. 503. Requirement for regular updates to handbook for design
furnished to veterans eligible for specially adapted housing
assistance by Secretary of Veterans Affairs.
Sec. 504. Enhancement of refinancing of home loans by veterans.
Sec. 505. Extension of certain veterans home loan guaranty programs.
TITLE VI--COURT MATTERS
Sec. 601. Temporary increase in number of authorized judges of the
United States Court of Appeals for Veterans Claims.
Sec. 602. Protection of privacy and security concerns in court records.
[[Page 122 STAT. 4147]]
Sec. 603. Recall of retired judges of the United States Court of Appeals
for Veterans Claims.
Sec. 604. Annual reports on workload of the United States Court of
Appeals for Veterans Claims.
Sec. 605. Additional discretion in imposition of practice and
registration fees.
TITLE VII--ASSISTANCE TO UNITED STATES PARALYMPIC INTEGRATED ADAPTIVE
SPORTS PROGRAM
Sec. 701. Findings and purpose.
Sec. 702. Department of Veterans Affairs provision of assistance to
United States Paralympics, Inc.
Sec. 703. Department of Veterans Affairs Office of National Veterans
Sports Programs and Special Events.
Sec. 704. Comptroller General report.
TITLE VIII--OTHER MATTERS
Sec. 801. Authority for suspension or termination of claims of the
United States against individuals who died while serving on
active duty in the Armed Forces.
Sec. 802. Three-year extension of authority to carry out income
verification.
Sec. 803. Maintenance, management, and availability for research of
assets of Air Force Health Study.
Sec. 804. National Academies study on risk of developing multiple
sclerosis as a result of certain service in the Persian Gulf
War and Post 9/11 Global Operations theaters.
Sec. 805. Termination or suspension of contracts for cellular telephone
service for certain servicemembers.
Sec. 806. Contracting goals and preferences for veteran-owned small
business concerns.
Sec. 807. Penalties for violation of interest rate limitation under
Servicemembers Civil Relief Act.
Sec. 808. Five-year extension of sunset provision for Advisory Committee
on Minority Veterans.
Sec. 809. Authority of Secretary of Veterans Affairs to advertise to
promote awareness of benefits under laws administered by the
Secretary.
Sec. 810. Memorial headstones and markers for deceased remarried
surviving spouses of veterans.
SEC. 2. REFERENCE TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States Code.
TITLE I--COMPENSATION AND PENSION MATTERS
SEC. 101. REGULATIONS ON CONTENTS OF NOTICE TO BE PROVIDED
CLAIMANTS BY THE DEPARTMENT OF VETERANS
AFFAIRS REGARDING THE SUBSTANTIATION OF
CLAIMS.
(a) In General.--Section 5103(a) <<NOTE: 38 USC 5103.>> is amended--
(1) by inserting ``(1)'' before ``Upon receipt''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The Secretary shall prescribe in regulations requirements
relating to the contents of notice to be provided under this subsection.
``(B) The regulations required by this paragraph--
``(i) shall specify different contents for notice based on
whether the claim concerned is an original claim, a claim for
reopening a prior decision on a claim, or a claim for an
increase in benefits;
[[Page 122 STAT. 4148]]
``(ii) shall provide that the contents for such notice be
appropriate to the type of benefits or services sought under the
claim;
``(iii) shall specify for each type of claim for benefits
the general information and evidence required to substantiate
the basic elements of such type of claim; and
``(iv) shall specify the time period limitations required
pursuant to subsection (b).''.
(b) Applicability.--The <<NOTE: 38 USC 5103 note.>> regulations
required by paragraph (2) of section 5103(a) of title 38, United States
Code (as amended by subsection (a) of this section), shall apply with
respect to notices provided to claimants on or after the effective date
of such regulations.
SEC. 102. JUDICIAL REVIEW OF ADOPTION AND REVISION BY THE
SECRETARY OF VETERANS AFFAIRS OF THE
SCHEDULE OF RATINGS FOR DISABILITIES OF
VETERANS.
Section 502 <<NOTE: 38 USC 502.>> is amended by striking ``(other
than an action relating to the adoption or revision of the schedule of
ratings for disabilities adopted under section 1155 of this title)''.
SEC. 103. CONFORMING AMENDMENT RELATING TO NON-DEDUCTIBILITY FROM
VETERANS' DISABILITY COMPENSATION OF
DISABILITY SEVERANCE PAY FOR DISABILITIES
INCURRED BY MEMBERS OF THE ARMED FORCES IN
COMBAT ZONES.
(a) Conforming Amendment.--Section 1646 of the Wounded Warrior Act
(title XVI of Public Law 110-181; 122 Stat. 472) is amended--
(1) by redesignating subsection (c) <<NOTE: 10 USC
1212 note.>> as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Conforming Amendment.--Section 1161 of title 38, United States
Code, is amended by striking `as required by section 1212(c) of title
10' and inserting `to the extent required by section 1212(d) of title
10'.''.
(b) Effective <<NOTE: 38 USC 1161 note.>> Date.--The amendments made
by subsection (a) shall take effect on January 28, 2008 (the date of the
enactment of the Wounded Warrior Act), as if included in that Act, to
which they relate.
SEC. 104. REPORT ON PROGRESS OF THE SECRETARY OF VETERANS AFFAIRS
IN ADDRESSING CAUSES FOR VARIANCES IN
COMPENSATION PAYMENTS FOR VETERANS FOR
SERVICE-CONNECTED DISABILITIES.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report describing
the progress of the Secretary in addressing the causes of unacceptable
variances in compensation payments for veterans for service-connected
disabilities.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A description of the efforts of the Veterans Benefits
Administration to coordinate with the Veterans Health
Administration to improve the quality of examinations of
veterans with service-connected disabilities that are performed
by the Veterans Health Administration and contract clinicians,
[[Page 122 STAT. 4149]]
including efforts relating to the use of approved templates for
such examinations and of reports on such examinations that are
based on such templates prepared in an easily-readable format.
(2) An assessment of the current personnel requirements of
the Veterans Benefits Administration, including an assessment of
the adequacy of the number of personnel assigned to each
regional office of the Administration for each type of claim
adjudication position.
(3) A description of the differences, if any, in current
patterns of claims submitted to the Secretary of Veterans
Affairs regarding ratings for service-connected disabilities
among various populations of veterans, including veterans living
in rural and highly rural areas, minority veterans, veterans who
served in the National Guard or Reserve, and veterans who are
retired from the Armed Forces, and a description and assessment
of efforts undertaken to reduce such differences.
SEC. 105. EXTENSION OF TEMPORARY 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; 117 Stat. 2651; 38 U.S.C. 5101 note) is amended by striking
``December 31, 2009'' and inserting ``December 31, 2010''.
SEC. 106. ADDITION OF OSTEOPOROSIS TO DISABILITIES PRESUMED TO BE
SERVICE-CONNECTED IN FORMER PRISONERS OF
WAR WITH POST-TRAUMATIC STRESS DISORDER.
Section 1112(b)(2) <<NOTE: 38 USC 1112.>> is amended by adding at
the end the following new subparagraph:
``(F) Osteoporosis, if the Secretary determines that the
veteran has post-traumatic stress disorder (PTSD).''.
TITLE II--MODERNIZATION OF DEPARTMENT OF VETERANS AFFAIRS DISABILITY
COMPENSATION SYSTEM
Subtitle A--Benefits Matters
SEC. 211. AUTHORITY FOR TEMPORARY DISABILITY RATINGS.
(a) In General.--Chapter 11 is amended by inserting after section
1155 the following new section:
``Sec. 1156. Temporary disability ratings
``(a) Assignment of Temporary Ratings.--(1) For the purpose of
providing disability compensation under this chapter to veterans, the
Secretary shall assign a temporary disability rating to a veteran as
follows:
``(A) To a veteran who--
``(i) was discharged or released from active duty
not more than 365 days before the date such veteran
submits a claim for disability compensation under this
chapter;
``(ii) has one or more disabilities for which a
rating of total is not immediately assignable--
[[Page 122 STAT. 4150]]
``(I) under the regular provisions of the
schedule of ratings; or
``(II) on the basis of individual
unemployability; and
``(iii) has one or more--
``(I) severe disabilities that result in
substantially gainful employment not being
feasible or advisable; or
``(II) healed, unhealed, or incompletely
healed wounds or injuries that make material
impairment of employability likely.
``(B) To a veteran who, as a result of a highly stressful
in-service event, has a mental disorder that is severe enough to
bring about the veteran's discharge or release from active duty.
``(C) To a veteran who has a service-connected disability
that requires hospital treatment or observation in a Department
of Veterans Affairs or approved hospital for a period in excess
of 21 days.
``(D) To <<NOTE: Regulations.>> a veteran who has a service-
connected disability that has required convalescent care or
treatment at hospital discharge (regular discharge or release to
non-bed care) or outpatient release that meets the requirements
of regulations prescribed by the Secretary.
``(2) With respect to a veteran described in paragraph (1)(A), the
Secretary may assign a temporary disability rating to such veteran
regardless of whether such veteran has obtained a medical examination or
a medical opinion concerning such veteran's disability.
``(3) With <<NOTE: Deadline.>> respect to a veteran described in
paragraph (1)(B), the Secretary shall schedule a medical examination for
such veteran not later than six months after the separation or discharge
of such veteran from active duty.
``(b) Termination of Temporary Disability Ratings.--(1) Except as
provided in paragraph (2), a temporary disability rating assigned to a
veteran under this section shall remain in effect as follows:
``(A) For a veteran who is assigned a temporary disability
rating under subsection (a)(1)(A), until the later of the date
that is--
``(i) 12 months after the date of discharge or
release from active duty; or
``(ii) <<NOTE: Regulations.>> provided in
regulations prescribed by the Secretary.
``(B) For a veteran who is assigned a temporary disability
rating under subsection (a)(1)(B), until the date on which a
rating decision is issued to such veteran following the medical
examination scheduled under subsection (a)(3).
``(C) For a veteran who is assigned a temporary disability
rating under subsection (a)(1)(C), until the later of the date
that is--
``(i) the last day of the month in which the veteran
is discharged from the hospital as described in such
subsection (a)(1)(C); or
``(ii) <<NOTE: Regulations.>> provided in
regulations prescribed by the Secretary.
[[Page 122 STAT. 4151]]
``(D) For <<NOTE: Regulations.>> a veteran who is assigned a
temporary disability rating under subsection (a)(1)(D), until
the date that is provided in regulations prescribed by the
Secretary.
``(2) The Secretary may extend a temporary disability rating
assigned to a veteran under subsection (a) beyond the applicable
termination date under paragraph (1) if the Secretary determines that
such an extension is appropriate.
``(c) Regulations.--The Secretary shall prescribe regulations to
carry out the provisions of this section.
``(d) Construction.--Nothing in this section shall be construed to
preclude the Secretary from providing a temporary disability rating
under an authority other than this section.''.
(b) Application.--Section <<NOTE: 38 USC 1156 note.>> 1156(a)(1) of
title 38, United States Code, as added by subsection (a), shall apply
with respect to a veteran who is discharged or released from active duty
(as defined in section 101 of title 38, United States Code) on or after
the date of the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 11 is amended by inserting after the item relating to section
1155 the following new item:
``1156. Temporary disability ratings.''.
SEC. 212. SUBSTITUTION UPON DEATH OF CLAIMANT.
(a) In General.--Chapter 51 is amended by inserting after section
5121 the following new section:
``Sec. 5121A. Substitution in case of death of claimant
``(a) Substitution.--(1) If a claimant dies while a claim for any
benefit under a law administered by the Secretary, or an appeal of a
decision with respect to such a claim, is pending, a living person who
would be eligible to receive accrued benefits due to the claimant under
section 5121(a) of this title may, not later than one year after the
date of the death of such claimant, file a request to be substituted as
the claimant for the purposes of processing the claim to completion.
``(2) Any <<NOTE: Regulations.>> person seeking to be substituted
for the claimant shall present evidence of the right to claim such
status within such time as prescribed by the Secretary in regulations.
``(3) Substitution under this subsection shall be in accordance with
such regulations as the Secretary may prescribe.
``(b) Limitation.--Those who are eligible to make a claim under this
section shall be determined in accordance with section 5121 of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 51 is amended by inserting after the item relating to section
5121 the following new item:
``5121A. Substitution in case of death of claimant.''.
(c) Effective <<NOTE: 38 USC 5121A note.>> Date.--Section 5121A of
title 38, United States Code, as added by subsection (a), shall apply
with respect to the claim of any claimant who dies on or after the date
of the enactment of this Act.
[[Page 122 STAT. 4152]]
SEC. 213. REPORT ON COMPENSATION OF VETERANS FOR LOSS OF EARNING
CAPACITY AND QUALITY OF LIFE AND ON LONG-
TERM TRANSITION PAYMENTS TO VETERANS
UNDERGOING REHABILITATION FOR SERVICE-
CONNECTED DISABILITIES.
(a) Report Required.--Not later than 210 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit to
Congress a report on the findings of the Secretary as a result of the
following studies:
(1) The most recent study of the Secretary on the
appropriate levels of disability compensation to be paid to
veterans to compensate for loss of earning capacity and quality
of life as a result of service-related disabilities.
(2) The most recent study of the Secretary on the
feasability and appropriate level of long-term transition
payments to veterans who are separated from the Armed Forces due
to disability while such veterans are undergoing rehabilitation
for such disability.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A comprehensive description of the findings and
recommendations of the Secretary as a result of the studies
described in subsection (a).
(2) A description of the actions proposed to be taken by the
Secretary in light of such findings and recommendations,
including a description of any modification of the schedule for
rating disabilities of veterans under section 1155 of title 38,
United States Code, proposed to be undertaken by the Secretary
and of any other modification of policy or regulations proposed
to be undertaken by the Secretary.
(3) For each action proposed to be taken as described in
paragraph (2), a proposed schedule for the taking of such
action, including a schedule for the commencement and completion
of such action.
(4) A description of any legislative action required in
order to authorize, facilitate, or enhance the taking of any
action proposed to be taken as described in paragraph (2).
SEC. 214. ADVISORY COMMITTEE ON DISABILITY COMPENSATION.
(a) In General.--Subchapter III of chapter 5 is amended by adding at
the end the following new section:
``Sec. 546. Advisory Committee on Disability Compensation
``(a) Establishment.--(1) There is in the Department the Advisory
Committee on Disability Compensation (in this section referred to as the
`Committee').
``(2) The Committee shall consist of not more than 18 members
appointed by the Secretary from among individuals who--
``(A) have experience with the provision of disability
compensation by the Department; or
``(B) are leading medical or scientific experts in relevant
fields.
``(3)(A) Except as provided in subparagraph (B), the Secretary shall
determine the terms of service and pay and allowances of the members of
the Committee.
[[Page 122 STAT. 4153]]
``(B) A term of service may not exceed four years and shall be
staggered to ensure that the dates for the termination of the members'
terms are not all the same.
``(C) The Secretary may reappoint any member for one or more
additional terms of service.
``(4) The Secretary shall select a Chair from among the members of
the Committee.
``(b) Responsibilities of Committee.--(1) The Secretary shall, on a
regular basis, consult with and seek the advice of the Committee with
respect to the maintenance and periodic readjustment of the schedule for
rating disabilities under section 1155 of this title.
``(2)(A) In providing advice to the Secretary under this subsection,
the Committee shall--
``(i) assemble and review relevant information relating to
the needs of veterans with disabilities;
``(ii) provide information relating to the nature and
character of disabilities arising from service in the Armed
Forces;
``(iii) provide an on-going assessment of the effectiveness
of the schedule for rating disabilities; and
``(iv) provide on-going advice on the most appropriate means
of responding to the needs of veterans relating to disability
compensation in the future.
``(B) In carrying out its duties under subparagraph (A), the
Committee shall take into special account the needs of veterans who have
served in a theater of combat operations.
``(c) Resources.--The Secretary shall ensure that appropriate
personnel, funding, and other resources are provided to the Committee to
carry out its responsibilities.
``(d) Biennial Reports to the Secretary.--(1) Not later than October
31, 2010, and not less frequently than every two years thereafter, the
Committee shall submit to the Secretary a report on the programs and
activities of the Department that relate to the payment of disability
compensation. Each such report shall include--
``(A) an assessment of the needs of veterans with respect to
disability compensation; and
``(B) such recommendations (including recommendations for
administrative or legislative action) as the Committee considers
appropriate.
``(2) The Committee may submit to the Secretary such other reports
and recommendations as the Committee considers appropriate.
``(e) Biennial Reports to Congress.--(1) Not later than 90 days
after the receipt of a report required under subsection (d)(1), the
Secretary shall transmit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a copy of such report, together with such comments and
recommendations concerning such report as the Secretary considers
appropriate.
``(2) The Secretary shall submit with each report required under
paragraph (1) a summary of all reports and recommendations of the
Committee submitted to the Secretary under subsection (d)(2) since the
previous report transmitted by the Secretary under paragraph (1) of this
subsection.
``(f) Applicability of Federal Advisory Committee Act.--(1) Except
as provided in paragraph (2), the provisions of the
[[Page 122 STAT. 4154]]
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the
activities of the Committee under this section.
``(2) Section 14 of such Act shall not apply to the Committee.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end of the items relating to
subchapter III the following new item:
``546. Advisory Committee on Disability Compensation.''.
Subtitle B--Assistance and Processing Matters
SEC. 221. <<NOTE: 38 USC 5101 note.>> PILOT PROGRAMS ON EXPEDITED
TREATMENT OF FULLY DEVELOPED CLAIMS AND
PROVISION OF CHECKLISTS TO INDIVIDUALS
SUBMITTING CLAIMS.
(a) Pilot Program on Expedited Treatment of Fully Developed
Claims.--
(1) In <<NOTE: Deadline.>> general.--The Secretary of
Veterans Affairs shall carry out a pilot program to assess the
feasibility and advisability of providing expeditious treatment
of fully developed compensation or pension claims to ensure that
such claims are adjudicated not later than 90 days after the
date on which such claim is submitted as fully developed.
(2) Duration of pilot program.--The pilot program under this
subsection shall be carried out during the one-year period
beginning on the date that is 60 days after the date of the
enactment of this Act.
(3) Program locations.--The pilot program under this
subsection shall be carried out at 10 regional offices of the
Department of Veterans Affairs selected by the Secretary for
purposes of such pilot program.
(4) Fully developed claim defined.--For purposes of this
subsection, the term ``fully developed claim'' means a claim for
a benefit under a law administered by the Secretary--
(A) for which the claimant--
(i) received assistance from a veterans
service officer, a State or country veterans
service officer, an agent, or an attorney; or
(ii) submits along with the claim an
appropriate indication that the claimant does not
intend to submit any additional information or
evidence in support of the claim and does not
require additional assistance with respect to the
claim; and
(B) for which the claimant--
(i) submits a certification in writing that is
signed and dated by the claimant stating that, as
of such date, no additional information or
evidence is available or needs to be submitted in
order for the claim to be adjudicated; and
(ii) for which the claimant's representative,
if any, submits a certification in writing that is
signed and dated by the representative stating
that, as of such date, no additional information
or evidence is available or needs to be submitted
in order for the claim to be adjudicated.
[[Page 122 STAT. 4155]]
(b) Pilot Program on Provision of Checklists to Individuals
Submitting Claims.--
(1) In general.--The Secretary shall carry out a pilot
program to assess the feasibility and advisability of providing
to a claimant for whom the Secretary is required under section
5103(a) of title 38, United States Code, to provide notice of
required information and evidence to such claimant and such
claimant's representative, if any, a checklist that includes
information or evidence required to be submitted by the claimant
to substantiate the claim.
(2) Duration of pilot program.--The pilot program under this
subsection shall be carried out--
(A) for original claims filed after the date of the
enactment of this Act, during the one-year period
beginning on the date that is 60 days after the date of
the enactment of this Act; and
(B) for claims to reopen and for claims for
increased ratings that were filed after the date of the
enactment of this Act, during the three-year period
beginning on the date that is 60 days after the date of
the enactment of this Act.
(3) Program locations.--The pilot program under this
subsection shall be carried out at four regional offices of the
Department selected by the Secretary for purposes of such pilot
program.
(4) Construction.--A checklist provided under the pilot
program under this subsection--
(A) shall be construed to be an addendum to a notice
provided under section 5103(a) of title 38, United Sates
Code; and
(B) shall not be considered as part of such notice
for purposes of reversal or remand of a decision of the
Secretary.
(c) Reports.--
(1) First initial report.--Not later than 335 days after the
date of the enactment of this Act, the Secretary shall submit to
Congress a report on the pilot program under subsection (a) and
the pilot program under subsection (b) with respect to claims
described in subsection (b)(2)(A).
(2) Second interim report.--Not later than 1,065 days after
the date of the enactment of this Act, the Secretary shall
submit to Congress a report on the pilot program under
subsection (b) with respect to claims described in subsection
(b)(2)(B).
(3) Elements of interim reports.--The reports required by
paragraphs (1) and (2) shall include the following:
(A) Data concerning the number and type of claims
covered by the respective pilot program.
(B) The findings of the Secretary with respect to
the respective pilot program.
(C) The recommendations of the Secretary on the
feasibility and advisability of continuing or expanding
the respective pilot program and any necessary
modifications to such pilot program for continuation or
expansion.
(D) Such other information as the Secretary
considers appropriate.
[[Page 122 STAT. 4156]]
(4) Final report.--Not later than 180 days after the
completion of each pilot program carried out under this section,
the Secretary shall submit to Congress a final report on the
feasibility and advisability of continuing or expanding the
respective pilot program.
SEC. 222. OFFICE OF SURVIVORS ASSISTANCE.
(a) In General.--Chapter 3 is amended by adding at the end the
following new section:
``Sec. 321. Office of Survivors Assistance
``(a) Establishment.--The Secretary shall establish in the
Department an Office of Survivors Assistance (in this section referred
to as the `Office') to serve as a resource regarding all benefits and
services furnished by the Department--
``(1) to survivors and dependents of deceased veterans; and
``(2) to survivors and dependents of deceased members of the
Armed Forces.
``(b) Advisory Duties.--The Office shall serve as a primary advisor
to the Secretary on all matters related to the policies, programs,
legislative issues, and other initiatives affecting the survivors and
dependents described in subsection (a).
``(c) Guidance From Stakeholders.--In establishing the Office, the
Secretary shall seek guidance from interested stakeholders.
``(d) Resources.--The Secretary shall ensure that appropriate
personnel, funding, and other resources are provided to the Office to
carry out its responsibilities.
``(e) Inclusion of Information on Office in Annual Report on
Department Activities.--The Secretary shall include in each annual
Performance and Accountability report submitted by the Secretary to
Congress a description of the activities of the Office during the fiscal
year covered by such report.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``321. Office of Survivors Assistance.''.
SEC. 223. COMPTROLLER GENERAL REPORT ON ADEQUACY OF DEPENDENCY AND
INDEMNITY COMPENSATION TO MAINTAIN
SURVIVORS OF VETERANS WHO DIE FROM
SERVICE-CONNECTED DISABILITIES.
(a) Report Required.--Not later than 10 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Veterans' Affairs and Appropriations
of the Senate and the Committees on Veterans' Affairs and Appropriations
of the House of Representatives a report on the adequacy of dependency
and indemnity compensation payable under chapter 13 of title 38, United
States Code, to surviving spouses and dependents of veterans who die as
a result of a service-connected disability in replacing the deceased
veteran's income.
(b) Elements.--The report required by subsection (a) shall include--
(1) a description of the current system for the payment of
dependency and indemnity compensation to surviving
[[Page 122 STAT. 4157]]
spouses and dependents described in subsection (a), including a
statement of the rates of such compensation so payable;
(2) an assessment of the adequacy of such payments in
replacing the deceased veteran's income; and
(3) such recommendations as the Comptroller General
considers appropriate in order to improve or enhance the effects
of such payments in replacing the deceased veteran's income.
SEC. 224. INDEPENDENT ASSESSMENT OF QUALITY ASSURANCE PROGRAM.
(a) In General.--Section <<NOTE: 38 USC 7731.>> 7731 is amended by
adding at the end the following new subsection:
``(c)(1) <<NOTE: Contracts. Time period.>> The Secretary shall enter
into a contract with an independent third-party entity to conduct,
during the three-year period beginning on the date of the enactment of
the Veterans' Benefits Improvement Act of 2008, an assessment of the
quality assurance program carried out under subsection (a).
``(2) The assessment conducted under paragraph (1) shall evaluate
the following:
``(A) The quality and accuracy of the work of employees of
the Veterans Benefits Administration, using a statistically
valid sample of such employees and a statistically valid sample
of such work.
``(B) The performance of each regional office of the
Veterans Benefits Administration.
``(C) The accuracy of the disability ratings assigned under
the schedule for rating disabilities under section 1155 of this
title.
``(D) The consistency of disability ratings among regional
offices of the Veterans Benefits Administration, based on a
sample of specific disabilities.
``(E) The performance of employees and managers of the
Veterans Benefits Administration.
``(3) The Secretary shall develop a mechanism for the automated
gathering and producing of data that can be used to monitor and assess
trends relating to the items described in paragraph (2).
``(4)(A) <<NOTE: Effective date.>> Beginning on the date that is six
months after the date of the enactment of the Veterans' Benefits
Improvement Act of 2008, the Secretary shall--
``(i) for each claim for disability compensation under laws
administered by the Secretary submitted to the Secretary on or
after such date, retain, monitor, and store in an accessible
format the data described in subparagraph (B); and
``(ii) develop a demographic baseline for the data retained,
monitored, and stored under subparagraph (A).
``(B) The data described in this subparagraph includes the
following:
``(i) For each claim for disability compensation under laws
administered by the Secretary submitted by a claimant--
``(I) the State in which the claimant resided when
the claim was submitted;
``(II) the decision of the Secretary with respect to
the claim and each issue claimed; and
``(III) the regional office and individual employee
of the Department responsible for rating the claim.
``(ii) The State in which the claimant currently resides.
[[Page 122 STAT. 4158]]
``(iii) Such other data as the Secretary determines is
appropriate for monitoring the accuracy and consistency of
decisions with respect to such claims.
``(5) Nothing in this subsection shall be construed to require the
Secretary to replace the quality assurance program under subsection (a)
that was in effect on the day before the date of the enactment of this
subsection.''.
(b) Report to Congress.--Not later than the end of the three-year
period beginning on the date of the enactment of this Act, the Secretary
of Veterans Affairs shall submit to Congress a report containing the
results and findings of the independent third-party entity described in
section 7731(c)(1) of title 38, United States Code, as added by
subsection (a), with respect to the assessment conducted under such
section 7731(c)(1).
SEC. 225. CERTIFICATION AND TRAINING OF EMPLOYEES OF THE VETERANS
BENEFITS ADMINISTRATION RESPONSIBLE FOR
PROCESSING CLAIMS.
(a) Employee Certification Required.--
(1) In general.--Subchapter II of chapter 77 is amended by
inserting after section 7732 the following new section:
``Sec. 7732A. Employee certification
``(a) Development of Certification Examination.--(1) The Secretary
shall provide for an examination of appropriate employees and managers
of the Veterans Benefits Administration who are responsible for
processing claims for compensation and pension benefits under the laws
administered by the Secretary.
``(2) In developing the examination required by paragraph (1), the
Secretary shall--
``(A) <<NOTE: Consultation.>> consult with appropriate
individuals or entities, including examination development
experts, interested stakeholders, and employee representatives;
and
``(B) consider the data gathered and produced under section
7731(c)(3) of this title.
``(b) Employee and Manager Requirement.--The Secretary shall require
appropriate employees and managers of the Veterans Benefits
Administration who are responsible for processing claims for
compensation and pension benefits under the laws administered by the
Secretary to take the examination provided under subsection (a).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter 77 is amended by inserting after the
item relating to section 7732 the following new item:
``7732A. Employee certification.''.
(3) Deadlines <<NOTE: 38 USC 7732A note.>> for
implementation.--The Secretary of Veterans Affairs shall--
(A) develop an updated certification examination
required under section 7732A of title 38, United States
Code, as added by subsection (a), not later than one
year after the date of the enactment of this Act; and
(B) begin administering such certification
examination required under such section not later than
90 days after the date on which the development of such
certification examination is complete.
[[Page 122 STAT. 4159]]
(b) Evaluation of Training.--Not <<NOTE: Deadline.>> later than one
year after the date of the enactment of this Act, the Comptroller
General of the United States shall--
(1) evaluate the training programs administered for
employees of the Veterans Benefits Administration of the
Department of Veterans Affairs; and
(2) <<NOTE: Reports.>> submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of
the House of Representatives a report on the findings of the
Comptroller General with respect to the evaluation described in
paragraph (1).
SEC. 226. <<NOTE: 38 USC 5101 note.>> STUDY OF PERFORMANCE
MEASURES FOR CLAIMS ADJUDICATIONS OF THE
VETERANS BENEFITS ADMINISTRATION.
(a) Study of Work Credit System and Work Management System
Required.--The Secretary of Veterans Affairs shall conduct a study on
the effectiveness of the current employee work credit system and work
management system of the Veterans Benefits Administration of the
Department of Veterans Affairs, which is used--
(1) to measure and manage the work production of employees
of the Veterans Benefits Administration who handle claims for
compensation and pension benefits; and
(2) to evaluate more effective means of improving
performance.
(b) Contents of Study.--In carrying out the study under subsection
(a), the Secretary shall consider--
(1) measures to improve the accountability, quality, and
accuracy for processing claims for compensation and pension
benefits under laws administered by the Secretary that are
adjudicated by the Veterans Benefits Administration;
(2) accountability for claims adjudication outcomes;
(3) the quality of claims adjudicated;
(4) a simplified process to adjudicate claims;
(5) the maximum use of information technology applications;
(6) rules-based applications and tools for processing and
adjudicating claims efficiently and effectively;
(7) methods of reducing the time required to obtain
information from outside sources; and
(8) the elements needed to implement--
(A) performance standards and accountability
measures, intended to ensure that--
(i) claims for benefits under the laws
administered by the Secretary are processed in an
objective, accurate, consistent, and efficient
manner; and
(ii) final decisions with respect to such
claims are consistent and issued within the target
identified in the most recent annual Performance
and Accountability report submitted by the
Secretary to Congress for the most recent fiscal
year;
(B) guidelines and procedures for the identification
and prompt processing of such claims that are ready to
rate upon submittal;
(C) guidelines and procedures for the identification
and prompt processing of such claims submitted by
severely
[[Page 122 STAT. 4160]]
injured and very severely injured veterans, as
determined by the Secretary; and
(D) requirements for assessments of claims
processing at each regional office for the purpose of
producing lessons learned and best practices.
(c) Report to Congress.--Not later than October 31, 2009, the
Secretary shall submit to Congress a report on--
(1) the study conducted under subsection (a); and
(2) the components required to implement the updated system
for evaluating employees of the Veterans Benefits Administration
required under subsection (d).
(d) Evaluation of Certain Veterans Benefits Administration Employees
Responsible for Processing Claims for Compensation and Pension
Benefits.--Not <<NOTE: Deadline.>> later than 210 days after the date on
which the Secretary submits to Congress the report required under
subsection (c), the Secretary shall establish an updated system for
evaluating the performance and accountability of employees of the
Veterans Benefits Administration who are responsible for processing
claims for compensation or pension benefits. Such system shall be based
on the findings of the study conducted by the Secretary under subsection
(a).
SEC. 227. <<NOTE: 38 USC 5101 note.>> REVIEW AND ENHANCEMENT OF
USE OF INFORMATION TECHNOLOGY IN VETERANS
BENEFITS ADMINISTRATION.
(a) Review and Comprehensive Plan.--Not <<NOTE: Deadline.>> later
than one year after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall--
(1) conduct a review of the use of information technology in
the Veterans Benefits Administration with respect to the
processing of claims for compensation and pension benefits; and
(2) develop a comprehensive plan for the use of such
technology in processing such claims so as to reduce
subjectivity, avoidable remands, and regional office variances
in disability ratings for specific disabilities.
(b) Information Technology.--The plan developed under subsection
(a)(2) shall include the following:
(1) The use of rules-based processing or information
technology systems utilizing automated decision support software
at all levels of processing such claims.
(2) The enhancement of the use of information technology for
all aspects of the claims process.
(3) Development of a technological platform that--
(A) allows for the use of information that members
of the Armed Forces, veterans, and dependents have
submitted electronically, including uploaded military
records, medical evidence, and other appropriate
documentation; and
(B) to the extent practicable--
(i) provides the capability to such members,
veterans, and dependents to view applications for
benefits submitted online; and
(ii) complies with the provisions of
subchapter III of chapter 35 of title 44, United
States Code, section 552a of title 5, United
States Code, and other relevant security policies
and guidelines.
[[Page 122 STAT. 4161]]
(4) The use of electronic examination templates in
conjunction with the schedule for rating disabilities under
section 1155 of title 38, United States Code.
(5) Such changes as may be required to the electronic health
record system of the Department of Veterans Affairs and the
Department of Defense to ensure that Veterans Benefits
Administration claims examiners can access the available
electronic medical information of the Department of Veterans
Affairs and the Department of Defense.
(6) The provision of bi-directional access to medical
records and service records between the Department of Veterans
Affairs and the Department of Defense.
(7) The availability, on a secure Internet website of the
Department of Veterans Affairs, of a portal that can be used by
a claimant to check on the status of any claim submitted by that
claimant and that provides information, if applicable, on--
(A) whether a decision has been reached with respect
to such a claim and notice of the decision; or
(B) if no such decision has been reached, notice
of--
(i) whether the application submitted by the
claimant is complete;
(ii) whether the Secretary requires additional
information or evidence to substantiate the claim;
(iii) the estimated date on which a decision
with respect to the claim is expected to be made;
and
(iv) the stage at which the claim is being
processed as of the date on which such status is
checked.
(c) Review of Best Practices and Lessons Learned.--In carrying out
this section, the Secretary shall review--
(1) best practices and lessons learned within the Department
of Veterans Affairs; and
(2) the use of the technology known as ``VistA'' by other
Government entities and private sector organizations who employ
information technology and automated decision support software.
(d) Reduction of Claims Processing Time.--
In <<NOTE: Deadline.>> carrying out this section, the Secretary shall
ensure that a plan is developed that, not later than three years after
implementation, includes information technology to the extent possible
to reduce the processing time for each compensation and pension claim
processed by the Veterans Benefits Administration. The performance for
claims processing under this plan shall be adjusted for changes to the
numbers of claims filed in a given period, the complexity of those
claims, and any changes to the basic claims processing rules which occur
during the assessment period.
(e) Consultation.--In carrying out this section, the Secretary of
Veterans Affairs shall consult with information technology designers at
the Veterans Benefits Administration, the Veterans Health
Administration, VistA managers, the Secretary of Defense, appropriate
officials of other Government agencies, appropriate individuals in the
private and public sectors, veterans service organizations, and other
relevant service organizations.
(f) Report to Congress.--Not later than April 1, 2010, the Secretary
shall submit to Congress a report on the review and comprehensive plan
required under this section.
[[Page 122 STAT. 4162]]
SEC. 228. STUDY AND REPORT ON IMPROVING ACCESS TO MEDICAL ADVICE.
(a) Study.--The Secretary of Veterans Affairs shall conduct a
study--
(1) to assess the feasibility and advisability of various
mechanisms to improve communication between the Veterans
Benefits Administration and the Veterans Health Administration
to provide Veterans Benefits Administration employees with
access to medical advice from the Veterans Health Administration
when needed by such employees to carry out their duties; and
(2) to evaluate whether additional medical professionals are
necessary to provide the access described in paragraph (1).
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to Congress a
report on the study conducted under subsection (a).
TITLE III--LABOR AND EDUCATION MATTERS
Subtitle A--Labor and Employment Matters
SEC. 311. <<NOTE: Deadlines.>> REFORM OF USERRA COMPLAINT PROCESS.
(a) Notification of Rights With Respect to Complaints.--Subsection
(c) of section 4322 <<NOTE: 38 USC 4322.>> is amended to read as
follows:
``(c)(1) Not later than five days after the Secretary receives a
complaint submitted by a person under subsection (a), the Secretary
shall notify such person in writing of his or her rights with respect to
such complaint under this section and section 4323 or 4324, as the case
may be.
``(2) The Secretary shall, upon request, provide technical
assistance to a potential claimant with respect to a complaint under
this subsection, and when appropriate, to such claimant's employer.''.
(b) Notification of Results of Investigation in Writing.--Subsection
(e) of such section is amended by inserting ``in writing'' after
``submitted the complaint''.
(c) Expedition of Attempts To Investigate and Resolve Complaints.--
Section 4322 is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Any action required by subsections (d) and (e) with respect to
a complaint submitted by a person to the Secretary under subsection (a)
shall be completed by the Secretary not later than 90 days after receipt
of such complaint.''.
(d) Expedition of Referrals.--
(1) Expedition of referrals to attorney general.--Section
4323(a)(1) is amended by inserting ``Not later than 60 days
after the Secretary receives such a request with respect to a
complaint, the Secretary shall refer the complaint to the
Attorney General.'' after ``to the Attorney General.''.
[[Page 122 STAT. 4163]]
(2) Expedition of referrals to special counsel.--Section
4324(a)(1) <<NOTE: 38 USC 4324.>> is amended by striking ``The
Secretary shall refer'' and inserting ``Not later than 60 days
after the date the Secretary receives such a request, the
Secretary shall refer''.
(e) Notification of Representation.--
(1) Notification by attorney general.--Section 4323(a) is
further amended--
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) Not later than 60 days after the date the Attorney General
receives a referral under paragraph (1), the Attorney General shall--
``(A) make a decision whether to appear on behalf of, and
act as attorney for, the person on whose behalf the complaint is
submitted; and
``(B) notify such person in writing of such decision.''.
(2) Notification by special counsel.--Subparagraph (B) of
section 4324(a)(2) is amended to read as follows:
``(B) Not later than 60 days after the date the Special Counsel
receives a referral under paragraph (1), the Special Counsel shall--
``(i) make a decision whether to represent a person before
the Merit Systems Protection Board under subparagraph (A); and
``(ii) notify such person in writing of such decision.''.
(f) Deadlines, Statutes of Limitations, and Related Matters.--
(1) In general.--Subchapter III of chapter 43 is amended by
adding at the end the following new section:
``Sec. 4327. Noncompliance of Federal officials with deadlines;
inapplicability of statutes of limitations
``(a) Effect of Noncompliance of Federal Officials With Deadlines.--
(1) The inability of the Secretary, the Attorney General, or the Special
Counsel to comply with a deadline applicable to such official under
section 4322, 4323, or 4324 of this title--
``(A) shall not affect the authority of the Attorney General
or the Special Counsel to represent and file an action or submit
a complaint on behalf of a person under section 4323 or 4324 of
this title;
``(B) shall not affect the right of a person--
``(i) to commence an action under section 4323 of
this title;
``(ii) to submit a complaint under section 4324 of
this title; or
``(iii) to obtain any type of assistance or relief
authorized by this chapter;
``(C) shall not deprive a Federal court, the Merit Systems
Protection Board, or a State court of jurisdiction over an
action or complaint filed by the Attorney General, the Special
Counsel, or a person under section 4323 or 4324 of this title;
and
``(D) shall not constitute a defense, including a statute of
limitations period, that any employer (including a State, a
private employer, or a Federal executive agency) or the Office
of Personnel Management may raise in an action filed by the
[[Page 122 STAT. 4164]]
Attorney General, the Special Counsel, or a person under section
4323 or 4324 of this title.
``(2) If the Secretary, the Attorney General, or the Special Counsel
is unable to meet a deadline applicable to such official in section
4322(f), 4323(a)(1), 4323(a)(2), 4324(a)(1), or 4324(a)(2)(B) of this
title, and the person agrees to an extension of time, the Secretary, the
Attorney General, or the Special Counsel, as the case may be, shall
complete the required action within the additional period of time agreed
to by the person.
``(b) Inapplicability of Statutes of Limitations.--If any person
seeks to file a complaint or claim with the Secretary, the Merit Systems
Protection Board, or a Federal or State court under this chapter
alleging a violation of this chapter, there shall be no limit on the
period for filing the complaint or claim.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 43 is amended by inserting after the item
relating to section 4326 the following new item:
``4327. Noncompliance of Federal officials with deadlines;
inapplicability of statutes of limitations.''.
(3) Conforming amendment.--Section 4323 <<NOTE: 38 USC
4323.>> is further amended--
(A) by striking subsection (i); and
(B) by redesignating subsection (j) as subsection
(i).
SEC. 312. MODIFICATION AND EXPANSION OF REPORTING REQUIREMENTS
WITH RESPECT TO ENFORCEMENT OF USERRA.
(a) Date of Annual Reports.--Section 4332 is amended by striking
``and no later than February 1, 2005'' and all that follows through the
``such February 1:'' and inserting ``, transmit to Congress not later
than July 1 each year a report on matters for the fiscal year ending in
the year before the year in which such report is transmitted as
follows:''.
(b) Modification of Annual Reports by Secretary.--Such section is
further amended--
(1) by striking ``The Secretary shall'' and inserting ``(a)
Annual Report by Secretary.--The Secretary shall'';
(2) in paragraph (3), by inserting before the period at the
end the following: ``and the number of actions initiated by the
Office of Special Counsel before the Merit Systems Protection
Board pursuant to section 4324 during such fiscal year'';
(3) by redesignating paragraphs (6) and (7) as paragraphs
(9) and (10), respectively;
(4) by inserting after paragraph (5) the following new
paragraph (8):
``(8) With respect to the cases reported on pursuant to
paragraphs (1), (2), (3), (4), and (5) the number of such cases
that involve persons with different occupations or persons
seeking different occupations, as designated by the Standard
Occupational Classification System.''.
(5) by redesignating paragraph (5) as paragraph (7);
(6) by inserting after paragraph (4) the following new
paragraphs (5) and (6):
``(5) The number of cases reviewed by the Secretary and the
Secretary of Defense through the National Committee for Employer
Support of the Guard and Reserve of the Department of Defense
that involve the same person.
[[Page 122 STAT. 4165]]
``(6) With respect to the cases reported on pursuant to
paragraphs (1), (2), (3), (4), and (5)--
``(A) the number of such cases that involve a
disability-related issue; and
``(B) the number of such cases that involve a person
who has a service-connected disability.''; and
(7) in paragraph (7), as redesignated by paragraph (5) of
this subsection, by striking ``or (4)'' and inserting ``(4), or
(5)''.
(c) Additional Reports.--Such section is further amended by adding
at the end the following new subsection:
``(b) Quarterly Reports.--
``(1) Quarterly report by secretary.--Not later than 30 days
after the end of each fiscal quarter, the Secretary shall submit
to Congress, the Secretary of Defense, the Attorney General, and
the Special Counsel a report setting forth, for the previous
full quarter, the following:
``(A) The number of cases for which the Secretary
did not meet the requirements of section 4322(f) of this
title.
``(B) The number of cases for which the Secretary
received a request for a referral under paragraph (1) of
section 4323(a) of this title but did not make such
referral within the time period required by such
paragraph.
``(2) Quarterly report by attorney general.--Not later than
30 days after the end of each fiscal quarter, the Attorney
General shall submit to Congress, the Secretary, the Secretary
of Defense, and the Special Counsel a report setting forth, for
the previous full quarter, the number of cases for which the
Attorney General received a referral under paragraph (1) of
section 4323(a) of this title but did not meet the requirements
of paragraph (2) of section 4323(a) of this title for such
referral.
``(3) Quarterly report by special counsel.--Not later than
30 days after the end of each fiscal quarter, the Special
Counsel shall submit to Congress, the Secretary, the Secretary
of Defense, and the Attorney General a report setting forth, for
the previous full quarter, the number of cases for which the
Special Counsel received a referral under paragraph (1) of
section 4324(a) of this title but did not meet the requirements
of paragraph (2)(B) of section 4324(a) of this title for such
referral.''.
(d) Uniform Categorization of Data.--Such section is further amended
by adding at the end the following new subsection:
``(c) Uniform Categorization of Data.--The Secretary shall
coordinate with the Secretary of Defense, the Attorney General, and the
Special Counsel to ensure that--
``(1) the information in the reports required by this
section is categorized in a uniform way; and
``(2) the Secretary, the Secretary of Defense, the Attorney
General, and the Special Counsel each have electronic access to
the case files reviewed under this chapter by the Secretary, the
Secretary of Defense, the Attorney General, and the Special
Counsel with due regard for the provisions of section 552a of
title 5.''.
(e) Comptroller General Report.--Not later than two years after the
date of the enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that contains the following:
[[Page 122 STAT. 4166]]
(1) An assessment of the reliability of the data contained
in the reports submitted under subsection (b) of section 4332 of
title 38, United States Code (as amended by subsection (c) of
this section), as of the date of such report.
(2) An assessment of the timeliness of the reports submitted
under subsection (b) of section 4332 of title 38, United States
Code (as so amended), as of such date.
(3) The extent to which the Secretary of Labor is meeting
the timeliness requirements of subsections (c)(1) and (f) of
section 4322 of title 38, United States Code (as amended by
section 311 of this Act), and section 4323(a)(1) of title 38,
United States Code (as so amended), as of the date of such
report.
(4) The extent to which the Attorney General is meeting the
timeliness requirements of section 4323(a)(2) of title 38,
United States Code (as amended by section 311 of this Act), as
of the date of such report.
(5) The extent to which the Special Counsel is meeting the
timeliness requirements of section 4324(a)(2)(B) of title 38,
United States Code (as amended by section 311 of this Act), as
of the date of such report.
(f) Effective <<NOTE: 38 USC 4332 note.>> Date.--The amendments made
by this section shall apply with respect to each report required under
section 4332 of title 38, United States Code (as amended by this
section), after the date of the enactment of this Act.
SEC. 313. TRAINING FOR EXECUTIVE BRANCH HUMAN RESOURCES PERSONNEL
ON EMPLOYMENT AND REEMPLOYMENT RIGHTS OF
MEMBERS OF THE UNIFORMED SERVICES.
(a) Training Required.--Subchapter IV of chapter 43 is amended by
adding at the end the following new section:
``Sec. 4335. Training for Federal executive agency human resources
personnel on employment and reemployment rights
and limitations
``(a) Training Required.--The head of each Federal executive agency
shall provide training for the human resources personnel of such agency
on the following:
``(1) The rights, benefits, and obligations of members of
the uniformed services under this chapter.
``(2) The application and administration of the requirements
of this chapter by such agency with respect to such members.
``(b) Consultation.--The training provided under subsection (a)
shall be developed and provided in consultation with the Director of the
Office of Personnel Management.
``(c) Frequency.--The training under subsection (a) shall be
provided with such frequency as the Director of the Office of Personnel
Management shall specify in order to ensure that the human resources
personnel of Federal executive agencies are kept fully and currently
informed of the matters covered by the training.
``(d) Human Resources Personnel Defined.--In this section, the term
`human resources personnel', in the case of a Federal executive agency,
means any personnel of the agency who are authorized to recommend, take,
or approve any personnel action that is subject to the requirements of
this chapter with respect to employees of the agency.''.
[[Page 122 STAT. 4167]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 43 is amended by adding at the end the following new item:
``4335. Training for Federal executive agency human resources personnel
on employment and reemployment rights and limitations.''.
SEC. 314. REPORT ON THE EMPLOYMENT NEEDS OF NATIVE AMERICAN
VETERANS LIVING ON TRIBAL LANDS.
(a) Report.--Not later than December 1, 2009, the Secretary of Labor
shall, in consultation with the Secretary of Veterans Affairs and the
Secretary of the Interior, submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report assessing the employment needs of Native
American (American Indian, Alaska Native, Native Hawaiian, and Pacific
Islander) veterans living on tribal lands, including Indian
reservations, Alaska Native villages, and Hawaiian Home Lands. The
report shall include--
(1) a review of current and prior government-to-government
relationships between tribal organizations and the Veterans'
Employment and Training Service of the Department of Labor; and
(2) recommendations for improving employment and job
training opportunities for Native American veterans on tribal
land, especially through the utilization of resources for
veterans.
(b) Tribal Organization Defined.--In this section, the term ``tribal
organization'' has the meaning given such term in section 3765(4) of
title 38, United States Code.
SEC. 315. EQUITY POWERS.
Section 4323(e) of title 38, United States Code, is amended by
striking ``may use'' and inserting ``shall use, in any case in which the
court determines it is appropriate,''.
SEC. 316. WAIVER OF RESIDENCY REQUIREMENT FOR DIRECTORS FOR
VETERANS' EMPLOYMENT AND TRAINING.
Section 4103(a)(2) <<NOTE: 38 USC 4103.>> is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary may waive the requirement in subparagraph (A)
with respect to a Director for Veterans' Employment and Training if the
Secretary determines that the waiver is in the public interest. Any such
waiver shall be made on a case-by-case basis.''.
SEC. 317. MODIFICATION OF SPECIAL UNEMPLOYMENT STUDY TO COVER
VETERANS OF POST 9/11 GLOBAL OPERATIONS.
(a) Modification of Study.--Subsection (a)(1) of section 4110A is
amended--
(1) in the matter before subparagraph (A), by striking ``a
study every two years'' and inserting ``an annual study''; and
(2) by striking subparagraphs (A) through (E) and inserting
the following new subparagraphs:
``(A) Veterans who were called to active duty while members
of the National Guard or a Reserve Component.
``(B) Veterans who served in combat or in a war zone in the
Post 9/11 Global Operations theaters.
[[Page 122 STAT. 4168]]
``(C) Veterans who served on active duty during the Post 9/
11 Global Operations period who did not serve in the Post 9/11
Global Operations theaters.
``(D) Veterans of the Vietnam era who served in the Vietnam
theater of operations during the Vietnam era.
``(E) Veterans who served on active duty during the Vietnam
era who did not serve in the Vietnam theater of operations.
``(F) Veterans discharged or released from active duty
within four years of the applicable study.
``(G) Special disabled veterans.''.
(b) Definitions.--Such section is further amended by adding at the
end the following new subsection:
``(c) In this section:
``(1) The term `Post 9/11 Global Operations period' means
the period of the Persian Gulf War beginning on September 11,
2001, and ending on the date thereafter prescribed by
Presidential proclamation or law.
``(2) The term `Post 9/11 Global Operations theaters' means
Afghanistan, Iraq, or any other theater in which the Global War
on Terrorism Expeditionary Medal is awarded for service.''.
Subtitle B--Education Matters
SEC. 321. MODIFICATION OF PERIOD OF ELIGIBILITY FOR SURVIVORS' AND
DEPENDENTS' EDUCATIONAL ASSISTANCE OF
CERTAIN SPOUSES OF INDIVIDUALS WITH
SERVICE-CONNECTED DISABILITIES TOTAL AND
PERMANENT IN NATURE.
Section 3512(b)(1) <<NOTE: 38 USC 3512.>> is amended--
(1) in subparagraph (A), by striking ``subparagraph (B) or
(C)'' and inserting ``subparagraph (B), (C), or (D)''; and
(2) by adding at the end the following new subparagraph:
``(D) <<NOTE: Deadline.>> Notwithstanding subparagraph (A), an
eligible person referred to in that subparagraph who is made eligible
under section 3501(a)(1)(D)(i) of this title by reason of a service-
connected disability that was determined to be a total disability
permanent in nature not later than three years after discharge from
service may be afforded educational assistance under this chapter during
the 20-year period beginning on the date the disability was so
determined to be a total disability permanent in nature, but only if the
eligible person remains the spouse of the disabled person throughout the
period.''.
SEC. 322. REPEAL OF REQUIREMENT FOR REPORT TO THE SECRETARY OF
VETERANS AFFAIRS ON PRIOR TRAINING.
Section 3676(c)(4) is amended by striking ``and the Secretary''.
SEC. 323. MODIFICATION OF WAITING PERIOD BEFORE AFFIRMATION OF
ENROLLMENT IN A CORRESPONDENCE COURSE.
Section 3686(b) is amended by striking ``ten'' and inserting
``five''.
SEC. 324. CHANGE OF PROGRAMS OF EDUCATION AT THE SAME EDUCATIONAL
INSTITUTION.
Section 3691(d) is amended--
[[Page 122 STAT. 4169]]
(1) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively;
(2) by inserting ``(1)'' after ``(d)'';
(3) in subparagraph (C) of paragraph (1), as redesignated by
paragraphs (1) and (2) of this section, by striking ``or'' at
the end;
(4) in subparagraph (D) of paragraph (1), as so
redesignated, by striking the period at the end and inserting
``; or''; and
(5) by adding at the end the following:
``(E) the change from the program to another program is at
the same educational institution and such educational
institution determines that the new program is suitable to the
aptitudes, interests, and abilities of the veteran or eligible
person and certifies to the Secretary the enrollment of the
veteran or eligible person in the new program.
``(2) A veteran or eligible person undergoing a change from one
program of education to another program of education as described in
paragraph (1)(E) shall not be required to apply to the Secretary for
approval of such change.''.
SEC. 325. REPEAL OF CERTIFICATION REQUIREMENT WITH RESPECT TO
APPLICATIONS FOR APPROVAL OF SELF-
EMPLOYMENT ON-JOB TRAINING.
Section <<NOTE: 38 USC 3677.>> 3677(b) is amended by adding at the
end the following new paragraph:
``(3) The requirement for certification under paragraph (1) shall
not apply to training described in section 3452(e)(2) of this title.''.
SEC. 326. COORDINATION OF APPROVAL ACTIVITIES IN THE
ADMINISTRATION OF EDUCATION BENEFITS.
(a) Coordination.--
(1) In general.--Section 3673 is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) Coordination of Activities.--The Secretary shall take
appropriate actions to ensure the coordination of approval activities
performed by State approving agencies under this chapter and chapters 34
and 35 of this title and approval activities performed by the Department
of Labor, the Department of Education, and other entities in order to
reduce overlap and improve efficiency in the performance of such
activities.''.
(2) Conforming and clerical amendments.--(A) The heading of
such section is amended to read as follows:
``Sec. 3673. Approval activities: cooperation and coordination of
activities''.
(B) The table of sections at the beginning of chapter 36 is
amended by striking the item relating to section 3673 and
inserting the following new item:
``3673. Approval activities: cooperation and coordination of
activities.''.
(3) Stylistic amendments.--Such section is further amended--
(A) in subsection (a), by inserting ``Cooperation in
Activities.--'' after ``(a)''; and
[[Page 122 STAT. 4170]]
(B) in subsection (c), as redesignated by paragraph
(1)(A) of this subsection, by inserting ``Availability
of Information Material.--'' after ``(c)''.
(b) Report.--Not later than 240 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report setting forth
the following:
(1) The actions taken to establish outcome-oriented
performance standards for State approving agencies created or
designated under section 3671 of title 38, United States Code,
including a description of any plans for, and the status of the
implementation of, such standards as part of the evaluations of
State approving agencies required by section 3674A of title 38,
United States Code.
(2) The actions taken to implement a tracking and reporting
system for resources expended for approval and outreach
activities by such agencies.
(3) Any recommendations for legislative action that the
Secretary considers appropriate to achieve the complete
implementation of the standards described in paragraph (1).
Subtitle C--Vocational Rehabilitation Matters
SEC. 331. WAIVER OF 24-MONTH LIMITATION ON PROGRAM OF INDEPENDENT
LIVING SERVICES AND ASSISTANCE FOR
VETERANS WITH A SEVERE DISABILITY INCURRED
IN THE POST-9/11 GLOBAL OPERATIONS PERIOD.
Section 3105(d) <<NOTE: 38 USC 3105.>> is amended--
(1) by striking ``Unless the Secretary'' and all that
follows through ``the period of a program'' and inserting ``(1)
Except as provided in paragraph (2), the period of a program'';
and
(2) by adding at the end the following new paragraph:
``(2)(A) The period of a program of independent living services and
assistance for a veteran under this chapter may exceed twenty-four
months as follows:
``(i) If the Secretary determines that a longer period is
necessary and likely to result in a substantial increase in the
veteran's level of independence in daily living.
``(ii) If the veteran served on active duty during the Post-
9/11 Global Operations period and has a severe disability (as
determined by the Secretary for purposes of this clause)
incurred or aggravated in such service.
``(B) In this paragraph, the term `Post-9/11 Global Operations
period' means the period of the Persian Gulf War beginning on September
11, 2001, and ending on the date thereafter prescribed by Presidential
proclamation or by law.''.
SEC. 332. INCREASE IN CAP OF NUMBER OF VETERANS PARTICIPATING IN
INDEPENDENT LIVING PROGRAM.
Section 3120(e) of title 38, United States Code, is amended by
striking ``2500 veterans'' and inserting ``2600 veterans''.
[[Page 122 STAT. 4171]]
SEC. 333. REPORT ON MEASURES TO ASSIST AND ENCOURAGE VETERANS IN
COMPLETING VOCATIONAL REHABILITATION.
(a) Study Required.--The Secretary of Veterans Affairs shall conduct
a study on measures to assist and encourage veterans in completing their
vocational rehabilitation plans. The study shall include an
identification of the following elements, to the extent that such
elements do not duplicate studies conducted or reports released by the
Secretary during the one-year period beginning on the date of the
enactment of this Act:
(1) The various factors that may prevent or preclude
veterans from completing their vocational rehabilitation plans
through the Department of Veterans Affairs or otherwise
achieving the vocational rehabilitation objectives of such
plans.
(2) The actions to be taken by the Secretary to assist and
encourage veterans in overcoming the factors identified in
paragraph (1) and in otherwise completing their vocational
rehabilitation plans or achieving the vocational rehabilitation
objectives of such plans.
(b) Matters To Be Examined.--In conducting the study required by
subsection (a), the Secretary shall examine the following:
(1) Measures utilized by public and private vocational
rehabilitation service providers for individuals with
disabilities in the United States, and in other countries, that
promote successful outcomes by the program participants.
(2) Any studies or survey data available to the Secretary
that relates to the matters covered by the study.
(3) The extent to which disability compensation may be used
as an incentive to encourage veterans to participate in and
complete a vocational rehabilitation plan.
(4) The report of the Veterans' Disability Benefits
Commission established pursuant to section 1501 of the National
Defense Authorization Act of 2004 (38 U.S.C. 1101 note).
(5) The report of the President's Commission on Care for
America's Returning Wounded Warriors.
(6) Any other matters that the Secretary considers
appropriate for purposes of the study.
(c) Considerations.--In conducting the study required by subsection
(a), the Secretary shall consider--
(1) the extent to which bonus payments or other incentives
may be used to encourage veterans to complete their vocational
rehabilitation plans or otherwise achieve the vocational
rehabilitation objectives of such plans; and
(2) such other matters as the Secretary considers
appropriate.
(d) Consultation.--In conducting the study required by subsection
(a), the Secretary--
(1) shall consult with such veterans and military service
organizations, and with such other public and private
organizations and individuals, as the Secretary considers
appropriate; and
(2) may employ consultants.
(e) Report.--Not later than 270 days after the commencement of the
study required by subsection (a), the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the study.
The report shall include the following:
[[Page 122 STAT. 4172]]
(1) The findings of the Secretary under the study.
(2) Any recommendations that the Secretary considers
appropriate for actions to be taken by the Secretary in light of
the study, including a proposal for such legislative or
administrative action as the Secretary considers appropriate to
implement the recommendations.
SEC. 334. LONGITUDINAL STUDY OF DEPARTMENT OF VETERANS AFFAIRS
VOCATIONAL REHABILITATION PROGRAMS.
(a) Study Required.--Chapter 31 is amended by adding at the end the
following new section:
``Sec. 3122. Longitudinal study of vocational rehabilitation
programs
``(a) Study Required.--(1) Subject to the availability of
appropriated funds, the Secretary shall conduct a longitudinal study of
a statistically valid sample of each of the groups of individuals
described in paragraph (2). The Secretary shall study each such group
over a period of at least 20 years.
``(2) The groups of individuals described in this paragraph are the
following:
``(A) Individuals who begin participating in a vocational
rehabilitation program under this chapter during fiscal year
2010.
``(B) Individuals who begin participating in such a program
during fiscal year 2012.
``(C) Individuals who begin participating in such a program
during fiscal year 2014.
``(b) Annual Reports.--By not later than July 1 of each year covered
by the study required under subsection (a), the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the study during the preceding year.
``(c) Contents of Report.--The Secretary shall include in the report
required under subsection (b) any data the Secretary determines is
necessary to determine the long-term outcomes of the individuals
participating in the vocational rehabilitation programs under this
chapter. The Secretary may add data elements from time to time as
necessary. In addition, each such report shall contain the following
information:
``(1) The number of individuals participating in vocational
rehabilitation programs under this chapter who suspended
participation in such a program during the year covered by the
report.
``(2) The average number of months such individuals served
on active duty.
``(3) The distribution of disability ratings of such
individuals.
``(4) The types of other benefits administered by the
Secretary received by such individuals.
``(5) The types of social security benefits received by such
individuals.
``(6) Any unemployment benefits received by such
individuals.
``(7) The average number of months such individuals were
employed during the year covered by the report.
[[Page 122 STAT. 4173]]
``(8) The average annual starting and ending salaries of
such individuals who were employed during the year covered by
the report.
``(9) The number of such individuals enrolled in an
institution of higher learning, as that term is defined in
section 3452(f) of this title.
``(10) The average number of academic credit hours, degrees,
and certificates obtained by such individuals during the year
covered by the report.
``(11) The average number of visits such individuals made to
Department medical facilities during the year covered by the
report.
``(12) The average number of visits such individuals made to
non-Department medical facilities during the year covered by the
report.
``(13) The average annual income of such individuals.
``(14) The average total household income of such
individuals for the year covered by the report.
``(15) The percentage of such individuals who own their
principal residences.
``(16) The average number of dependents of each such
veteran.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``3122. Longitudinal study of vocational rehabilitation programs.''.
TITLE IV--INSURANCE MATTERS
SEC. 401. REPORT ON INCLUSION OF SEVERE AND ACUTE POST-TRAUMATIC
STRESS DISORDER AMONG CONDITIONS COVERED
BY TRAUMATIC INJURY PROTECTION COVERAGE
UNDER SERVICEMEMBERS' GROUP LIFE
INSURANCE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall, in
consultation with the Secretary of Defense, submit to the appropriate
committees of Congress a report setting forth the assessment of the
Secretary of Veterans Affairs as to the feasability and advisability of
including severe and acute post-traumatic stress disorder (PTSD) among
the conditions covered by traumatic injury protection coverage under
Servicemembers' Group Life Insurance under section 1980A of title 38,
United States Code.
(b) Considerations.--In preparing the assessment required by
subsection (a), the Secretary of Veterans Affairs shall consider the
following:
(1) The advisability of providing traumatic injury
protection coverage under Servicemembers' Group Life Insurance
under section 1980A of title 38, United States Code, for post-
traumatic stress disorder incurred by a member of the Armed
Forces as a direct result of military service in a combat zone
that renders the member unable to carry out the daily activities
of living after the member is discharged or released from
military service.
(2) The unique circumstances of military service, and the
unique experiences of members of the Armed Forces who are
deployed to a combat zone.
[[Page 122 STAT. 4174]]
(3) Any financial strain incurred by family members of
members of the Armed Forces who have severe and acute post-
traumatic stress disorder.
(4) The recovery time, and any particular difficulty of the
recovery process, for recovery from severe and acute post-
traumatic stress disorder.
(5) Such other matters as the Secretary considers
appropriate.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
SEC. 402. TREATMENT OF STILLBORN CHILDREN AS INSURABLE DEPENDENTS
UNDER SERVICEMEMBERS' GROUP LIFE
INSURANCE.
(a) Treatment.--Section 1965(10) <<NOTE: 38 USC 1965.>> is amended
by adding at the end the following new subparagraph:
``(C) The member's stillborn child.''.
(b) Conforming Amendment.--Section 101(4)(A) is amended by striking
``section 1965(10)(B)'' in the matter preceding clause (i) and inserting
``subparagraph (B) or (C) of section 1965(10)''.
SEC. 403. OTHER ENHANCEMENTS OF SERVICEMEMBERS' GROUP LIFE
INSURANCE COVERAGE.
(a) Expansion of Servicemembers' Group Life Insurance To Include
Certain Members of Individual Ready Reserve.--
(1) In general.--Section 1967(a)(1)(C) is amended by
striking ``section 1965(5)(B) of this title'' and inserting
``subparagraph (B) or (C) of section 1965(5) of this title''.
(2) Conforming amendments.--
(A) Section 1967(a)(5)(C) is amended by striking
``section 1965(5)(B) of this title'' and inserting
``subparagraph (B) or (C) of section 1965(5) of this
title''; and
(B) Section 1969(g)(1)(B) is amended by striking
``section 1965(5)(B) of this title'' and inserting
``subparagraph (B) or (C) of section 1965(5) of this
title''.
(b) Reduction in Period of Dependents' Coverage After Member
Separates.--Section 1968(a)(5)(B)(ii) is amended by striking ``120 days
after''.
(c) Authority To Set Premiums for Ready Reservists' Spouses.--
Section 1969(g)(1)(B) is amended by striking ``(which shall be the same
for all such members)''.
(d) Forfeiture of Veterans' Group Life Insurance.--Section 1973 is
amended by striking ``under this subchapter'' and inserting ``and
Veterans' Group Life Insurance under this subchapter''.
(e) Effective and Applicability Dates.--
(1) <<NOTE: 38 USC 1967 note.>> The amendments made by
subsection (a) shall take effect on the date of the enactment of
this Act.
(2) <<NOTE: 38 USC 1968 note.>> The amendment made by
subsection (b) shall apply with respect to Servicemembers' Group
Life Insurance coverage for an insurable dependent of a member,
as defined in section 1965(10) of title 38, United States Code
(as amended by section 402 of this Act), that begins on or after
the date of the enactment of this Act.
[[Page 122 STAT. 4175]]
(3) <<NOTE: 38 USC 1969 note.>> The amendment made by
subsection (c) shall take effect as if enacted on June 5, 2001,
immediately after the enactment of the Veterans' Survivor
Benefits Improvements Act of 2001 (Public Law 107-14; 115 Stat.
25).
(4) <<NOTE: 38 USC 1973 note.>> The amendment made by
subsection (d) shall apply with respect to any act of mutiny,
treason, spying, or desertion committed on or after the date of
the enactment of this Act for which a person is found guilty, or
with respect to refusal because of conscientious objections to
perform service in, or to wear the uniform of, the Armed Forces
on or after the date of the enactment of this Act.
SEC. 404. ADMINISTRATIVE COSTS OF SERVICE DISABLED VETERANS'
INSURANCE.
Section 1922(a) <<NOTE: 38 USC 1922.>> is amended by striking
``directly from such fund'' and inserting ``directly from such fund; and
(5) administrative costs to the Government for the costs of the program
of insurance under this section shall be paid from premiums credited to
the fund under paragraph (4), and payments for claims against the fund
under paragraph (4) for amounts in excess of amounts credited to such
fund under that paragraph (after such administrative costs have been
paid) shall be paid from appropriations to the fund''.
TITLE V--HOUSING MATTERS
SEC. 501. <<NOTE: 38 USC 3703 note.>> TEMPORARY INCREASE IN
MAXIMUM LOAN GUARANTY AMOUNT FOR CERTAIN
HOUSING LOANS GUARANTEED BY SECRETARY OF
VETERANS AFFAIRS.
Notwithstanding subparagraph (C) of section 3703(a)(1) of title 38,
United States Code, for purposes of any loan described in subparagraph
(A)(i)(IV) of such section that is originated during the period
beginning on the date of the enactment of this Act and ending on
December 31, 2011, the term ``maximum guaranty amount'' shall mean an
amount equal to 25 percent of the higher of--
(1) the limitation determined under section 305(a)(2) of the
Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1454(a)(2)) for the calendar year in which the loan is
originated for a single-family residence; or
(2) 125 percent of the area median price for a single-family
residence, but in no case to exceed 175 percent of the
limitation determined under such section 305(a)(2) for the
calendar year in which the loan is originated for a single-
family residence.
SEC. 502. REPORT ON IMPACT OF MORTGAGE FORECLOSURES ON VETERANS.
(a) Report Required.--Not later than December 31, 2009, the
Secretary of Veterans Affairs shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the effects of mortgage
foreclosures on veterans.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A general assessment of the income of veterans who have
recently separated from the Armed Forces.
[[Page 122 STAT. 4176]]
(2) An assessment of the effects of any lag or delay in the
adjudication by the Secretary of claims of veterans for
disability compensation on the capacity of veterans to maintain
adequate or suitable housing.
(3) A description of the extent to which the provisions of
the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.)
protect veterans from mortgage foreclosure, and an assessment of
the adequacy of such protections.
(4) A description and assessment of the adequacy of the home
loan guaranty programs of the Department of Veterans Affairs,
including the authorities of such programs and the assistance
provided individuals in the utilization of such programs, in
preventing foreclosure for veterans recently separated from the
Armed Forces, and for members of the Armed Forces, who have home
loans guaranteed by the Secretary.
SEC. 503. REQUIREMENT FOR REGULAR UPDATES TO HANDBOOK FOR DESIGN
FURNISHED TO VETERANS ELIGIBLE FOR
SPECIALLY ADAPTED HOUSING ASSISTANCE BY
SECRETARY OF VETERANS AFFAIRS.
Section 2103 <<NOTE: 38 USC 2103.>> is amended--
(1) by striking ``The Secretary'' and inserting ``(a) Plans
and Specifications.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Handbook for Design.--The Secretary shall make available to
veterans eligible for assistance under this chapter, without cost to the
veterans, a handbook containing appropriate designs for specially
adapted housing. The <<NOTE: Deadline.>> Secretary shall update such
handbook at least once every six years to take into account any new or
unique disabilities, including vision impairments, impairments specific
to the upper limbs, and burn injuries.''.
SEC. 504. ENHANCEMENT OF REFINANCING OF HOME LOANS BY VETERANS.
(a) Inclusion of Refinancing Loans Among Loans Subject to Guaranty
Maximum.--Section 3703(a)(1)(A)(i)(IV) is amended by inserting ``(5),''
after ``(3),''.
(b) Increase in Maximum Percentage of Loan-to-Value of Refinancing
Loans Subject to Guaranty.--Section 3710(b)(8) is amended by striking
``90 percent'' and inserting ``100 percent''.
SEC. 505. EXTENSION OF CERTAIN VETERANS HOME LOAN GUARANTY
PROGRAMS.
(a) Extension of Demonstration Project on Adjustable Rate
Mortgages.--Section 3707(a) of title 38, United States Code, is amended
by striking ``2008'' and inserting ``2012''.
(b) Extension of Demonstration Project on Hybrid Adjustable Rate
Mortgages.--Section 3707A(a) of such title is amended by striking
``2008'' and inserting ``2012''.
TITLE VI--COURT MATTERS
SEC. 601. TEMPORARY INCREASE IN NUMBER OF AUTHORIZED JUDGES OF THE
UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS.
Section 7253 is amended by adding at the end the following new
subsection:
[[Page 122 STAT. 4177]]
``(i) Additional <<NOTE: Effective dates.>> Temporary Expansion of
Court.--(1) Subject to paragraph (2), effective as of December 31, 2009,
the authorized number of judges of the Court specified in subsection (a)
is increased by two.
``(2) Effective as of January 1, 2013, an appointment may not be
made to the Court if the appointment would result in there being more
judges of the Court than the authorized number of judges of the Court
specified in subsection (a).''.
SEC. 602. PROTECTION OF PRIVACY AND SECURITY CONCERNS IN COURT
RECORDS.
Section 7268 is amended by adding at the end the following new
subsection:
``(c)(1) <<NOTE: Regulations.>> The Court shall prescribe rules, in
accordance with section 7264(a) of this title, to protect privacy and
security concerns relating to all filing of documents and the public
availability under this subsection of documents retained by the Court or
filed electronically with the Court.
``(2) The rules prescribed under paragraph (1) shall be consistent
to the extent practicable with rules addressing privacy and security
issues throughout the Federal courts.
``(3) The rules prescribed under paragraph (1) shall take into
consideration best practices in Federal and State courts to protect
private information or otherwise maintain necessary information
security.''.
SEC. 603. RECALL OF RETIRED JUDGES OF THE UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS.
(a) Repeal of Limit on Service of Recalled Retired Judges Who
Voluntarily Serve More Than 90 Days.--Section <<NOTE: 38 USC
7257.>> 7257(b)(2) is amended by striking ``or for more than a total of
180 days (or the equivalent) during any calendar year''.
(b) New Judges Recalled After Retirement Receive Pay of Current
Judges Only During Period of Recall.--
(1) In general.--Section 7296(c) is amended by striking
paragraph (1) and inserting the following new paragraph:
``(1)(A) A judge who is appointed on or after the date of the
enactment of the Veterans' Benefits Improvement Act of 2008 and who
retires under subsection (b) and elects under subsection (d) to receive
retired pay under this subsection shall (except as provided in paragraph
(2)) receive retired pay as follows:
``(i) In the case of a judge who is a recall-eligible
retired judge under section 7257 of this title, the retired pay
of the judge shall (subject to section 7257(d)(2) of this title)
be the rate of pay applicable to that judge at the time of
retirement, as adjusted from time to time under subsection
(f)(3).
``(ii) In the case of a judge other than a recall-eligible
retired judge, the retired pay of the judge shall be the rate of
pay applicable to that judge at the time of retirement.
``(B) A judge who retired before the date of the enactment of the
Veterans' Benefits Improvement Act of 2008 and elected under subsection
(d) to receive retired pay under this subsection, or a judge who retires
under subsection (b) and elects under subsection (d) to receive retired
pay under this subsection, shall (except as provided in paragraph (2))
receive retired pay as follows:
``(i) In the case of a judge who is a recall-eligible
retired judge under section 7257 of this title or who was a
recall-eligible retired judge under that section and was removed
from
[[Page 122 STAT. 4178]]
recall status under subsection (b)(4) of that section by reason
of disability, the retired pay of the judge shall be the pay of
a judge of the court.
``(ii) In the case of a judge who at the time of retirement
did not provide notice under section 7257 of this title of
availability for service in a recalled status, the retired pay
of the judge shall be the rate of pay applicable to that judge
at the time of retirement.
``(iii) In the case of a judge who was a recall-eligible
retired judge under section 7257 of this title and was removed
from recall status under subsection (b)(3) of that section, the
retired pay of the judge shall be the pay of the judge at the
time of the removal from recall status.''.
(2) Cost-of-living adjustment for retired pay of new judges
who are recall-eligible.--Section 7296(f)(3)(A) <<NOTE: 38 USC
7296.>> is amended by striking ``paragraph (2) of subsection
(c)'' and inserting ``paragraph (1)(A)(i) or (2) of subsection
(c)''.
(3) Pay during period of recall.--Subsection (d) of section
7257 is amended to read as follows:
``(d)(1) The pay of a recall-eligible retired judge to whom section
7296(c)(1)(B) of this title applies is the pay specified in that
section.
``(2) A judge who is recalled under this section who retired under
chapter 83 or 84 of title 5 or to whom section 7296(c)(1)(A) of this
title applies shall be paid, during the period for which the judge
serves in recall status, pay at the rate of pay in effect under section
7253(e) of this title for a judge performing active service, less the
amount of the judge's annuity under the applicable provisions of chapter
83 or 84 of title 5 or the judge's annuity under section 7296(c)(1)(A)
of this title, whichever is applicable.''.
(4) Notice.--The last sentence of section 7257(a)(1) is
amended to read as follows: ``Such a notice provided by a
retired judge to whom section 7296(c)(1)(B) of this title
applies is irrevocable.''.
(c) Limitation on Involuntary Recalls.--Section 7257(b)(3) is
amended by adding at the end the following new sentence: ``This
paragraph shall not apply to a judge to whom section 7296(c)(1)(A) or
7296(c)(1)(B) of this title applies and who has, in the aggregate,
served at least five years of recalled service on the Court under this
section.''.
SEC. 604. ANNUAL REPORTS ON WORKLOAD OF THE UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS.
(a) In General.--Subchapter III of chapter 72 is amended by adding
at the end the following new section:
``Sec. 7288. Annual report
``(a) In General.--The chief judge of the Court shall submit to the
appropriate committees of Congress each year a report summarizing the
workload of the Court for the fiscal year ending during the preceding
year.
``(b) Elements.--Each report under subsection (a) shall include,
with respect to the fiscal year covered by such report, the following
information:
``(1) The number of appeals filed with the Court.
``(2) The number of petitions filed with the Court.
``(3) The number of applications filed with the Court under
section 2412 of title 28.
[[Page 122 STAT. 4179]]
``(4) The total number of dispositions by each of the
following:
``(A) The Court as a whole.
``(B) The Clerk of the Court.
``(C) A single judge of the Court.
``(D) A multi-judge panel of the Court.
``(E) The full Court.
``(5) The number of each type of disposition by the Court,
including settlement, affirmation, remand, vacation, dismissal,
reversal, grant, and denial.
``(6) The median time from filing an appeal to disposition
by each of the following:
``(A) The Court as a whole.
``(B) The Clerk of the Court.
``(C) A single judge of the Court.
``(D) Multiple judges of the Court (including a
multi-judge panel of the Court or the full Court).
``(7) The median time from filing a petition to disposition
by the Court.
``(8) The median time from filing an application under
section 2412 of title 28 to disposition by the Court.
``(9) The median time from the completion of briefing
requirements by the parties to disposition by the Court.
``(10) The number of oral arguments before the Court.
``(11) The number of cases appealed to the United States
Court of Appeals for the Federal Circuit.
``(12) The number and status of appeals and petitions
pending with the Court and of applications described in
paragraph (3) as of the end of such fiscal year.
``(13) The number of cases pending with the Court more than
18 months as of the end of such fiscal year.
``(14) A summary of any service performed for the Court by a
recalled retired judge of the Court.
``(15) An assessment of the workload of each judge of the
Court, including consideration of the following:
``(A) The time required of each judge for
disposition of each type of case.
``(B) The number of cases reviewed by the Court.
``(C) The average workload of other Federal judges.
``(c) Appropriate Committees of Congress Defined.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Committee on Veterans' Affairs of the Senate; and
``(2) the Committee on Veterans' Affairs of the House of
Representatives.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 72 is amended by inserting after the item related to section
7287 the following new item:
``7288. Annual report.''.
SEC. 605. ADDITIONAL DISCRETION IN IMPOSITION OF PRACTICE AND
REGISTRATION FEES.
Section 7285(a) <<NOTE: 38 USC 7285.>> is amended--
(1) in the first sentence, by inserting ``reasonable'' after
``impose a'';
(2) in the second sentence, by striking ``, except that such
amount may not exceed $30 per year''; and
[[Page 122 STAT. 4180]]
(3) in the third sentence, by inserting ``reasonable'' after
``impose a''.
TITLE VII--ASSISTANCE TO UNITED STATES PARALYMPIC INTEGRATED ADAPTIVE
SPORTS PROGRAM
SEC. 701. <<NOTE: 38 USC 322 note.>> FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) In 1998, Congress enacted the Olympic and Amateur Sports
Act Amendments of 1998 (33 U.S.C. 101 note), which amended
chapter 2205 of title 36, United States Code, and included a
statement that the purpose of the Act was ``to encourage and
provide assistance to amateur athletic programs and competition
for amateur athletes with disabilities, including, where
feasible, the expansion of opportunities for meaningful
participation by such amateur athletes in programs of athletic
competition for able-bodied amateur athletes''.
(2) The United States Olympic Committee manages and
administers the Paralympic Program for physically disabled
athletes.
(3) The Department of Veterans Affairs provides health care
to veterans and administers recreational activities for patients
including the Golden Age Games, the National Veterans Wheelchair
Games, and the Winter Sports Clinic.
(4) In 2005, the United States Olympic Committee entered
into a memorandum of understanding with the Secretary of
Veterans Affairs to increase interest in and access to
Paralympic sports programs for veterans with physical
disabilities by coordinating the activities of the United States
Olympic Committee with the Department of Veterans Affairs.
(5) The Paralympic Program has a significant positive effect
on the quality of life of disabled veterans and disabled members
of the Armed Forces who participate in the program, including
helping to improve the mobility, vitality, and physical,
psychological, and social well-being of such participants and
reducing the incidence of secondary medical conditions in those
participants.
(6) Because of Operation Iraqi Freedom and Operation
Enduring Freedom, the number of disabled veterans and disabled
members of the Armed Forces has increased substantially and it
is therefore desirable to supplement the rehabilitation and
recreation programs of the Department of Veterans Affairs
through sports for disabled veterans and members of the Armed
Forces.
(b) Purpose.--The purposes of this title are as follows:
(1) To promote the lifelong health of disabled veterans and
disabled members of the Armed Forces through regular
participation in physical activity and sports.
(2) To enhance the recreation activities provided by the
Department of Veterans Affairs by promoting disabled sports from
the local level through elite levels and by creating
partnerships among organizations specializing in supporting,
training, and promoting programs for disabled veterans.
[[Page 122 STAT. 4181]]
(3) To provide training and support to national and local
organizations to provide Paralympic sports training to disabled
veterans and disabled members of the Armed Forces in their own
communities.
(4) To provide support to the United States Paralympics,
Inc., to increase the participation of disabled veterans and
disabled members of the Armed Forces in sports.
SEC. 702. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ASSISTANCE
TO UNITED STATES PARALYMPICS, INC.
(a) Provision of Assistance Authorized.--Subchapter II of chapter 5
is amended by inserting after section 521 the following new section:
``Sec. 521A. Assistance for United States Paralympics, Inc.
``(a) Authorization to Provide Assistance.--The Secretary may award
grants to the United States Paralympics, Inc., to plan, develop, manage,
and implement an integrated adaptive sports program for disabled
veterans and disabled members of the Armed Forces.
``(b) Oversight by Secretary.--As a condition of receiving a grant
under this section, the United States Paralympics, Inc., shall permit
the Secretary to conduct such oversight of the use of grant funds as the
Secretary determines is appropriate. The United States Paralympics,
Inc., shall be responsible for the use of grant funds provided under
this section.
``(c) Application Requirement.--(1) Before the Secretary may award a
grant to the United States Paralympics, Inc., under this section, the
United States Paralympics, Inc., shall submit to the Secretary an
application that describes the activities to be carried out with the
grant, including information on specific measurable goals and objectives
to be achieved using grant funds.
``(2) The application shall include--
``(A) a detailed description of all partnerships referred to
in paragraph (3) at the national and local levels that will be
participating in such activities and the amount of grant funds
that the United States Paralympics, Inc., proposes to make
available for each of such partnerships; and
``(B) for any fiscal year for which a grant is sought, the
amount of private donations received by the United States
Paralympics, Inc., expected to be expended to support operations
during that fiscal year.
``(3) Partnerships referred to in this paragraph are agreements
between the United States Paralympics, Inc., and organizations with
significant experience in the training and support of disabled athletes
and the promotion of disabled sports at the local and national levels.
Such organizations may include Disabled Sports USA, Blaze Sports,
Paralyzed Veterans of America, and Disabled American Veterans. The
agreements shall detail the scope of activities and funding to be
provided by the United States Paralympics, Inc., to the partner.
``(d) Use of Funds.--(1) <<NOTE: Grants.>> The United States
Paralympics, Inc., with the assistance and cooperation of the Secretary
and the heads of other appropriate Federal and State departments and
agencies and partnerships referred to in subsection (c)(3), shall use a
grant under this section to reimburse grantees with which the United
States Paralympics, Inc., has entered into a partnership under
[[Page 122 STAT. 4182]]
subsection (c) for the direct costs of recruiting, supporting,
equipping, encouraging, scheduling, facilitating, supervising, and
implementing the participation of disabled veterans and disabled members
of the Armed Forces in the activities described in paragraph (3) by
supporting a program described in paragraph (2).
``(2) A program described in this paragraph is a sports program
that--
``(A) promotes basic physical activity, games, recreation,
training, and competition;
``(B) is approved by the Secretary; and
``(C)(i) provides services and activities described in
paragraph (3) for disabled veterans and disabled members of the
Armed Forces; and
``(ii) may also provide services and activities described in
paragraph (3) for individuals with disabilities who are not
veterans or members of the Armed Forces, or both; except that
funds made available to carry out this section may not be used
to support those individuals with disabilities who are not
veterans or members of the Armed Forces.
``(3) Activities described in this paragraph are--
``(A) instruction, participation, and competition in
Paralympic sports;
``(B) training and technical assistance to program
administrators, coaches, recreational therapists, instructors,
Department employees, and other appropriate individuals; and
``(C) coordination, Paralympic classification of athletes,
athlete assessment, sport-specific training techniques, program
development (including programs at the local level), sports
equipment, supplies, program evaluation, and other activities
related to the implementation and operation of the program.
``(4) A grant made under this section may include, at the discretion
of the Secretary, an amount for the administrative expenses of the
United States Paralympics, Inc., but not to exceed five percent of the
amount of the grant.
``(5) Funds made available by the United States Paralympics, Inc.,
to a grantee under subsection (c) may include an amount for
administrative expenses, but not to exceed ten percent of the amount of
such funds.
``(e) Outreach Requirement.--As a condition of receiving a grant
under this section, the United States Paralympics, Inc., shall agree to
conduct a joint outreach campaign with the Secretary of Veterans Affairs
to inform all eligible veterans and separating members of the Armed
Forces with physical disabilities about the existence of the integrated
adaptive sports program, as appropriate, and shall provide for,
facilitate, and encourage participation of such veterans and separating
members of the Armed Forces in programs under this section to the extent
possible.
``(f) Coordination.--The Secretary shall ensure access to and use of
appropriate Department sports, recreation, and fitness facilities by
disabled veterans and disabled members of the Armed Forces participating
in the integrated adaptive sports program to the maximum extent
possible. The Secretary shall ensure that such access does not adversely
affect any other assistance provided to veterans.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $8,000,000 for each of fiscal years 2010 through 2013 to
carry out this section. Amounts appropriated pursuant
[[Page 122 STAT. 4183]]
to this subsection shall remain available without fiscal year
limitation.
``(h) Separate Accounting.--The Department shall have a separate
line item in budget proposals of the Department for funds to be
appropriated to carry out this section. Funds appropriated to carry out
this section shall not be commingled with any other funds appropriated
to the Department.
``(i) Limitation on Use of Funds.--Except as provided in paragraphs
(4) and (5) of subsection (d), funds appropriated to carry out this
section may not be used to support or provide services to individuals
who are not disabled veterans or disabled members of the Armed Forces.
``(j) Annual Report to Secretary.--(1) As a condition of receiving a
grant under this section, the United States Paralympics, Inc., shall
agree that by not later than 60 days after the last day of a fiscal year
for which a grant is provided under this section, the United States
Paralympics, Inc., shall submit to the Secretary a report setting forth
in detail the use of the grant funds during that fiscal year, including
the number of veterans who participated in the integrated adaptive
sports program, including any programs carried out through a partnership
under subsection (c)(3), and the administrative expenses of the
integrated adaptive sports program.
``(2) A report under this subsection may be audited by the
Secretary.
``(3) For any fiscal year after fiscal year 2010, the eligibility of
the United States Paralympics, Inc., to receive a grant under this
section shall be contingent upon the submission of the report under
paragraph (1) for the preceding fiscal year.
``(k) Annual Report to Congress.--For any fiscal year during which
the Secretary provides assistance under this section, the Secretary
shall submit to Congress a report on the use of funds provided under
this section.
``(l) Termination.--The Secretary may only provide assistance under
this section during fiscal years 2010 through 2013.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
521 the following new item:
``521A. Assistance for United States Paralympics, Inc.''.
(c) Deadline <<NOTE: 38 USC 521A note.>> for Memorandum of
Understanding.--The Secretary of Veterans Affairs may not award a grant
under section 521A of title 38, United States Code, as added by
subsection (a), until the United States Paralympics, Inc., and the
Secretary have entered into a memorandum of understanding or cooperative
agreement regarding implementation of the integrated adaptive sports
program under that section. To the extent feasible, such memorandum or
agreement shall be concluded not later than 240 days after the date of
the enactment of this Act.
SEC. 703. DEPARTMENT OF VETERANS AFFAIRS OFFICE OF NATIONAL
VETERANS SPORTS PROGRAMS AND SPECIAL
EVENTS.
(a) Establishment of Office of National Veterans Sports Programs and
Special Events.--Chapter 3, as amended by section 222, is amended by
adding at the end the following new section:
[[Page 122 STAT. 4184]]
``Sec. 322. Office of National Veterans Sports Programs and
Special Events
``(a) Establishment.--There is in the Department an Office of
National Veterans Sports Programs and Special Events. There is at the
head of the Office a Director, who shall report to an appropriate
official of the Veterans Benefits Administration, as determined by the
Secretary, or to the Deputy Secretary or Secretary.
``(b) Responsibilities of Director.--Subject to the direction of the
Secretary, the Director--
``(1) shall establish and carry out qualifying programs and
events;
``(2) may provide for sponsorship by the Department of
qualifying programs and events;
``(3) may provide for, facilitate, and encourage
participation by disabled veterans in qualifying programs and
events;
``(4) shall, to the extent feasible, cooperate with the
United States Paralympics, Inc., and its partners to promote the
participation of disabled veterans and disabled members of the
Armed Forces in sporting events sponsored by the United States
Paralympics, Inc., and its partners;
``(5) shall seek sponsorships and donations from the private
sector to defray costs of carrying out the responsibilities of
the Director to the maximum extent feasible; and
``(6) may carry out such other responsibilities as the
Secretary determines are appropriate.
``(c) Qualifying Program or Event.--For purposes of this section, a
qualifying program or event is a sports program or other event in which
disabled veterans and disabled members of the Armed Forces participate
and that is approved by the Secretary as being consistent with the goals
and missions of the Department.
``(d) Monthly Assistance Allowance.--(1) Subject to the availability
of appropriations for such purpose, the Secretary may provide a monthly
assistance allowance to a veteran with a disability invited by the
United States Paralympics, Inc., to compete for a slot on, or selected
for, the Paralympic Team for any month in which the veteran is training
or competing in any event sanctioned by the United States Paralympics,
Inc., or who is residing at a United States Paralympics, Inc., training
center.
``(2) The amount of the monthly assistance payable to a veteran
under paragraph (1) shall be equal to the monthly amount of subsistence
allowance that would be payable to the veteran under chapter 31 of this
title if the veteran were eligible for and entitled to rehabilitation
under such chapter.
``(3) In providing assistance under this subsection, the Secretary
shall give priority to veterans with service-connected disabilities.
``(4) <<NOTE: Appropriation authorization.>> There is authorized to
be appropriated to carry out this subsection $2,000,000 for each of
fiscal years 2010 through 2013.
``(e) Limitation on Statutory Construction.--Nothing in this section
shall be construed as a limitation on disabled sports and special events
supported by the Department as of the date of the enactment of this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``322. Office of National Veterans Sports Programs and Special
Events.''.
[[Page 122 STAT. 4185]]
(c) Assistance at Sporting Events.--The Secretary of Veterans
Affairs shall direct the Under Secretary for Health of the Department of
Veterans Affairs--
(1) to make available, to the extent determined appropriate
by the Secretary, recreational therapists, physical therapists,
and other medical staff to facilitate participation of veterans
in sporting events conducted under the auspices of the United
States Paralympics, Inc.; and
(2) to allow such personnel to provide support to the
programs of the United States Paralympics, Inc., without
requiring the use of personal leave.
SEC. 704. COMPTROLLER GENERAL REPORT.
Not later than the last day of fiscal year 2012, the Comptroller
General shall submit to Congress a report on the assistance provided to
the United States Paralympics, Inc., under section 521A of title 38,
United States Code, as added by section 702, and the activities of the
Office of National Veterans Sports Programs and Special Events under
section 322 of such title, as added by section 703. Such report shall
include a description of how the United States Paralympics, Inc., used
grants provided by the Department of Veterans Affairs, the number of
disabled veterans who benefitted from such grants, and how such veterans
benefitted.
TITLE VIII--OTHER MATTERS
SEC. 801. AUTHORITY FOR SUSPENSION OR TERMINATION OF CLAIMS OF THE
UNITED STATES AGAINST INDIVIDUALS WHO DIED
WHILE SERVING ON ACTIVE DUTY IN THE ARMED
FORCES.
(a) Authority.--Section 3711(f) of title 31, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The Secretary of Veterans Affairs may suspend or terminate an
action by the Secretary under subsection (a) to collect a claim against
the estate of a person who died while serving on active duty as a member
of the Army, Navy, Air Force, Marine Corps, or Coast Guard during a
period when the Coast Guard is operating as a service in the Navy if the
Secretary determines that, under the circumstances applicable with
respect to the deceased person, it is appropriate to do so.''.
(b) Equitable <<NOTE: 38 USC 5302A note.>> Refund of Amounts
Collected.--The Secretary of Veterans Affairs may refund to the estate
of such person any amount collected by the Secretary (whether before,
on, or after the date of the enactment of this Act) from a person who
died while serving on active duty as a member of the Armed Forces if the
Secretary determines that, under the circumstances applicable with
respect to the deceased person, it is appropriate to do so.
SEC. 802. THREE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT INCOME
VERIFICATION.
Section 5317(g) <<NOTE: 38 USC 5317.>> is amended by striking
``September 30, 2008'' and inserting ``September 30, 2011''.
[[Page 122 STAT. 4186]]
SEC. 803. MAINTENANCE, MANAGEMENT, AND AVAILABILITY FOR RESEARCH
OF ASSETS OF AIR FORCE HEALTH STUDY.
(a) Purpose.--The purpose of this section is to ensure that the
assets transferred to the Medical Follow-Up Agency from the Air Force
Health Study are maintained, managed, and made available as a resource
for future research for the benefit of veterans and their families, and
for other humanitarian purposes.
(b) Assets From Air Force Health Study.--For purposes of this
section, the assets transferred to the Medical Follow-Up Agency from the
Air Force Health Study are the assets of the Air Force Health Study
transferred to the Medical Follow-Up Agency under section 714 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2290), including electronic data files
and biological specimens on all participants in the study (including
control subjects).
(c) Maintenance and Management of Transferred Assets.--The Medical
Follow-Up Agency shall maintain and manage the assets transferred to the
Agency from the Air Force Health Study.
(d) Additional Near-Term Research.--
(1) In general.--The Medical Follow-Up Agency may, during
the period beginning on October 1, 2008, and ending on September
30, 2012, conduct such additional research on the assets
transferred to the Agency from the Air Force Health Study as the
Agency considers appropriate toward the goal of understanding
the determinants of health, and promoting wellness, in veterans.
(2) Research.--In carrying out research authorized by this
subsection, the Medical Follow-Up Agency may, utilizing amounts
available under subsection (f)(1)(B), make grants for such pilot
studies for or in connection with such research as the Agency
considers appropriate.
(e) Additional Medium-Term Research.--
(1) Report.--Not later than March 31, 2012, the Medical
Follow-Up Agency shall submit to Congress a report assessing the
feasability and advisability of conducting additional research
on the assets transferred to the Agency from the Air Force
Health Study after September 30, 2012.
(2) Disposition of assets.--If the report required by
paragraph (1) includes an assessment that the research described
in that paragraph would be feasible and advisable, the Agency
shall, utilizing amounts available under subsection (f)(2), make
any disposition of the assets transferred to the Agency from the
Air Force Health Study as the Agency considers appropriate in
preparation for such research.
(f) Funding.--
(1) In general.--From amounts available for each of fiscal
years 2009 through 2012 for the Department of Veterans Affairs
for Medical and Prosthetic Research, amounts shall be available
as follows:
(A) $1,200,000 shall be available in each such
fiscal year for maintenance, management, and operation
(including maintenance of biological specimens) of the
assets transferred to the Medical Follow-Up Agency from
the Air Force Health Study.
(B) $250,000 shall be available in each such fiscal
year for the conduct of additional research authorized
by
[[Page 122 STAT. 4187]]
subsection (d), including the funding of pilot studies
authorized by paragraph (2) of that subsection.
(2) Medium-term research.--From amounts available for fiscal
year 2012 for the Department of Veterans Affairs for Medical and
Prosthetic Research, $200,000 shall be available for the
preparation of the report required by subsection (e)(1) and for
the disposition, if any, of assets authorized by subsection
(e)(2).
SEC. 804. NATIONAL ACADEMIES STUDY ON RISK OF DEVELOPING MULTIPLE
SCLEROSIS AS A RESULT OF CERTAIN SERVICE
IN THE PERSIAN GULF WAR AND POST 9/11
GLOBAL OPERATIONS THEATERS.
(a) In General.--The <<NOTE: Contracts.>> Secretary of Veterans
Affairs shall enter into a contract with the Institute of Medicine of
the National Academies to conduct a comprehensive epidemiological study
for purposes of identifying any increased risk of developing multiple
sclerosis as a result of service in the Armed Forces during the Persian
Gulf War in the Southwest Asia theater of operations or in the Post 9/11
Global Operations theaters.
(b) Elements.--In conducting the study required under subsection
(a), the Institute of Medicine shall do the following:
(1) Determine whether service in the Armed Forces during the
Persian Gulf War in the Southwest Asia theater of operations, or
in the Post 9/11 Global Operations theaters, increased the risk
of developing multiple sclerosis.
(2) Identify the incidence and prevalence of diagnosed
neurological diseases, including multiple sclerosis, Parkinson's
disease, and brain cancers, as well as central nervous system
abnormalities that are difficult to precisely diagnose, in each
group as follows:
(A) Members of the Armed Forces who served during
the Persian Gulf War in the Southwest Asia theater of
operations.
(B) Members of the Armed Forces who served in the
Post 9/11 Global Operations theaters.
(C) A non-deployed comparison group for those who
served in the Persian Gulf War in the Southwest Asia
theater of operations and the Post 9/11 Global
Operations theaters.
(3) Compare the incidence and prevalence of the named
diagnosed neurological diseases and undiagnosed central nervous
system abnormalities among veterans who served during the
Persian Gulf War in the Southwest Asia theater of operations, or
in the Post 9/11 Global Operations theaters, in various
locations during such periods, as determined by the Institute of
Medicine.
(4) Collect information on risk factors, such as pesticide
and other toxic exposures, to which veterans were exposed while
serving during the Persian Gulf War in the Southwest Asia
theater of operations or the Post 9/11 Global Operations
theaters, or thereafter.
(c) Reports.--
(1) Interim report.--The contract required by subsection (a)
shall require the Institute of Medicine to submit to the
Secretary, and to appropriate committees of Congress, interim
progress reports on the study required under subsection (a).
[[Page 122 STAT. 4188]]
Such reports shall not be required to include a description of
interim results on the work under the study.
(2) Final report.--The contract shall require the Institute
of Medicine to submit to the Secretary, and to appropriate
committees of Congress, a final report on the study by not later
than December 31, 2012. The final report shall include such
recommendations for legislative or administrative action as the
Institute considers appropriate in light of the results of the
study.
(d) Funding.--The Secretary shall provide the Institute of Medicine
with such funds as are necessary to ensure the timely completion of the
study required under subsection (a).
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs of the
Senate; and
(B) the Committee on Veterans' Affairs of the House
of Representatives.
(2) The term ``Persian Gulf War'' has the meaning given that
term in section 101(33) of title 38, United States Code.
(3) The term ``Post 9/11 Global Operations theaters'' means
Afghanistan, Iraq, or any other theater in which the Global War
on Terrorism Expeditionary Medal is awarded for service.
SEC. 805. TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR
TELEPHONE SERVICE FOR CERTAIN
SERVICEMEMBERS.
(a) In General.--Title III of the Servicemembers Civil Relief Act
(50 U.S.C. App. 531 et seq.) is amended by inserting after section 305
the following new section:
``SEC. 305A. <<NOTE: 50 USC app. 535a.>> TERMINATION OR SUSPENSION
OF CONTRACTS FOR CELLULAR TELEPHONE
SERVICE.
``(a) In General.--A servicemember who receives orders to deploy
outside of the continental United States for not less than 90 days or
for a permanent change of duty station within the United States may
request the termination or suspension of any contract for cellular
telephone service entered into by the servicemember before the date of
the commencement of such deployment or permanent change if the
servicemember's ability to satisfy the contract or to utilize the
service will be materially affected by such deployment or permanent
change. The request shall include a copy of the servicemember's military
orders.
``(b) Relief.--Upon receiving the request of a servicemember under
subsection (a), the cellular telephone service contractor concerned
shall--
``(1) grant the requested relief without imposition of an
early termination fee for termination of the contract or a
reactivation fee for suspension of the contract; or
``(2) in the case that such servicemember is deployed
outside the continental United States as described in subsection
(a), permit the servicemember to suspend the contract at no
charge until the end of the deployment without requiring,
whether as a condition of suspension or otherwise, that the
contract be extended.
``(c) Cellular Telephone Service Defined.--In this section, the term
`cellular telephone service' has the meaning given the
[[Page 122 STAT. 4189]]
term `commercial mobile service' in section 332(d) of the Communications
Act of 1934 (47 U.S.C. 332(d)).''.
(b) Clerical Amendment.--The table of contents for that Act is
amended by inserting after the item relating to section 305 the
following new item:
``Sec. 305A. Termination or suspension of contracts for cellular
telephone service.''.
SEC. 806. CONTRACTING GOALS AND PREFERENCES FOR VETERAN-OWNED
SMALL BUSINESS CONCERNS.
Section 8127 <<NOTE: 38 USC 8127.>> is amended--
(1) by redesignating subsections (j) and (k) as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (i) the following new
subsection (j):
``(j) Applicability of Requirements to Contracts.--(1) If after
December 31, 2008, the Secretary enters into a contract, memorandum of
understanding, agreement, or other arrangement with any governmental
entity to acquire goods or services, the Secretary shall include in such
contract, memorandum, agreement, or other arrangement a requirement that
the entity will comply, to the maximum extent feasible, with the
provisions of this section in acquiring such goods or services.
``(2) Nothing in this subsection shall be construed to supersede or
otherwise affect the authorities provided under the Small Business Act
(15 U.S.C. 631 et seq.).''.
SEC. 807. PENALTIES FOR VIOLATION OF INTEREST RATE LIMITATION
UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App.
527) is amended by adding at the end the following new subsections:
``(e) Penalty.--Whoever knowingly violates subsection (a) shall be
fined as provided in title 18, United States Code, imprisoned for not
more than one year, or both.
``(f) Preservation of Other Remedies.--The penalties provided under
subsection (e) are in addition to and do not preclude any other remedy
available under law to a person claiming relief under this section,
including any award for consequential or punitive damages.''.
SEC. 808. FIVE-YEAR EXTENSION OF SUNSET PROVISION FOR ADVISORY
COMMITTEE ON MINORITY VETERANS.
Subsection (e) of section 544 is amended by striking ``December 31,
2009'' and inserting ``December 31, 2014''.
SEC. 809. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO ADVERTISE
TO PROMOTE AWARENESS OF BENEFITS UNDER
LAWS ADMINISTERED BY THE SECRETARY.
(a) Authority To Advertise.--Subchapter II of chapter 5 is amended
by adding at the end the following new section:
``Sec. 532. Authority to advertise in national media
``The Secretary may purchase advertising in national media outlets
for the purpose of promoting awareness of benefits under laws
administered by the Secretary, including promoting awareness of
assistance provided by the Secretary, including assistance for programs
to assist homeless veterans, to promote veteran-owned small businesses,
and to provide opportunities for employment in
[[Page 122 STAT. 4190]]
the Department of Veterans Affairs and for education, training,
compensation, pension, vocational rehabilitation, and healthcare
benefits, and mental healthcare (including the prevention of suicide
among veterans).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
531 the following:
``532. Authority to advertise in national media.''.
SEC. 810. MEMORIAL HEADSTONES AND MARKERS FOR DECEASED REMARRIED
SURVIVING SPOUSES OF VETERANS.
(a) In General.--Section 2306(b)(4)(B) <<NOTE: 38 USC 2306.>> is
amended by striking ``an unremarried surviving spouse whose subsequent
remarriage was terminated by death or divorce'' and inserting ``a
surviving spouse who had a subsequent remarriage''.
(b) Effective <<NOTE: 38 USC 2306 note.>> Date.--The amendment made
by this section shall apply to deaths occurring on or after the date of
the enactment of this Act.
Approved October 10, 2008.
LEGISLATIVE HISTORY--S. 3023:
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SENATE REPORTS: No. 110-449 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 154 (2008):
Sept. 16, considered and passed Senate.
Sept. 24, considered and passed House, amended.
Sept. 27, Senate concurred in House amendment.
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