[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3023 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                    September 24, 2008.
    Resolved, That the bill from the Senate (S. 3023) entitled ``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'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``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.
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.
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) 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;
            ``(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 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 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) 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 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, 
        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) 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--
                            ``(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 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 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) 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) provided in regulations prescribed by the 
                Secretary.
            ``(D) For 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 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 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 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.

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.
    ``(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 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. 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 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.
    (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.
            (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 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 7731 is amended by adding at the end the 
following new subsection:
    ``(c)(1) 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) 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.
            ``(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) 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 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.
    (b) Evaluation of Training.--Not 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) 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. 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 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 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. REVIEW AND ENHANCEMENT OF USE OF INFORMATION TECHNOLOGY IN 
              VETERANS BENEFITS ADMINISTRATION.

    (a) Review and Comprehensive Plan.--Not 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.
            (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 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.

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. REFORM OF USERRA COMPLAINT PROCESS.

    (a) Notification of Rights With Respect to Complaints.--Subsection 
(c) of section 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.''.
            (2) Expedition of referrals to special counsel.--Section 
        4324(a)(1) 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 
        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 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.
            ``(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:
            (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 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.''.
    (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) 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.
            ``(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) 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) 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--
            (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 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
                    (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) 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''.

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:
            (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.
            ``(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.
            (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) 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) The amendments made by subsection (a) shall take effect 
        on the date of the enactment of this Act.
            (2) 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.
            (3) 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) 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) 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. 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.
            (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 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 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:
    ``(i) Additional 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) 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 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 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) 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.
            ``(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) 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
            (3) in the third sentence, by inserting ``reasonable'' 
        after ``impose a''.

 TITLE VII--ASSISTANCE TO UNITED STATES PARALYMPIC INTEGRATED ADAPTIVE 
                             SPORTS PROGRAM

SEC. 701. 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.
            (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) 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 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 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 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:
``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) 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.''.
    (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 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) is amended by striking ``September 30, 2008'' and 
inserting ``September 30, 2011''.

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 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 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). 
        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. 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 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 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 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) 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 Date.--The amendment made by this section shall apply 
to deaths occurring on or after the date of the enactment of this Act.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                                S. 3023

_______________________________________________________________________

                               AMENDMENT