[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3023 Enrolled Bill (ENR)]
S.3023
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.