[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3023 Reported in Senate (RS)]






                                                       Calendar No. 947
110th CONGRESS
  2d Session
                                S. 3023

                          [Report No. 110-449]

  To amend title 38, United States Code, to require the Secretary of 
Veterans Affairs to prescribe regulations relating to the notice to be 
 provided claimants with the Department of Veterans Affairs regarding 
                     the substantiation of claims.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 2008

   Mr. Akaka introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

                           September 9, 2008

 Reported by Mr. Akaka, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to require the Secretary of 
Veterans Affairs to prescribe regulations relating to the notice to be 
 provided claimants with the Department of Veterans Affairs regarding 
                     the substantiation of claims.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Veterans' Notice 
Clarification Act of 2008''.</DELETED>

<DELETED>SEC. 2. REGULATIONS ON CONTENTS OF NOTICE TO BE PROVIDED 
              CLAIMANTS WITH THE DEPARTMENT OF VETERANS AFFAIRS 
              REGARDING THE SUBSTANTIATION OF CLAIMS.</DELETED>

<DELETED>    Section 5103(a) of title 38, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by inserting ``(1)'' before ``Upon receipt''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraph:</DELETED>
<DELETED>    ``(2)(A) The Secretary shall prescribe in regulations 
requirements relating to the contents of notice to be provided under 
this subsection.</DELETED>
<DELETED>    ``(B) The regulations required by this paragraph--
</DELETED>
        <DELETED>    ``(i) shall specify different contents for notice 
        depending on whether the claim concerned is an original claim, 
        a claim for reopening a prior decision on a claim, or a claim 
        for increase in benefits;</DELETED>
        <DELETED>    ``(ii) may provide additional or alternative 
        contents for notice if appropriate to the benefit or services 
        sought under the claim;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(iv) shall specify the timing of the issuance of 
        notice.''.</DELETED>

SECTION 1. SHORT TITLE.

    (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.
Sec. 2. References to title 38, United States Code.

               TITLE I--COMPENSATION AND PENSION MATTERS

Sec. 101. Regulations on contents of notice to be provided claimants 
                            with 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. Automatic annual increase in rates of disability compensation 
                            and dependency and indemnity compensation.
Sec. 104. 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. 105. Report on progress of the Secretary of Veterans Affairs in 
                            addressing causes for variances in 
                            compensation payments for veterans for 
                            service-connected disabilities.
Sec. 106. Report on studies regarding 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.

                       TITLE II--HOUSING MATTERS

Sec. 201. Temporary increase in maximum loan guaranty amount for 
                            certain housing loans guaranteed by the 
                            Secretary of Veterans Affairs.
Sec. 202. Enhancement of refinancing of home loans by veterans.
Sec. 203. Four-year extension of demonstration projects on adjustable 
                            rate mortgages.
Sec. 204. Eligibility for specially adapted housing benefits and 
                            assistance for members of the Armed Forces 
                            with a service-connected disability.
Sec. 205. Report on impact of mortgage foreclosures on veterans.

                 TITLE III--LABOR AND EDUCATION MATTERS

                Subtitle A--Labor and Employment Matters

Sec. 301. 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. 302. Reform of USERRA complaint process.
Sec. 303. Modification and expansion of reporting requirements with 
                            respect to enforcement of USERRA.
Sec. 304. Training for executive branch human resources personnel on 
                            employment and reemployment rights of 
                            members of the uniformed services.
Sec. 305. Report on the employment needs of Native American veterans 
                            living on tribal lands.
Sec. 306. Report on measures to assist and encourage veterans in 
                            completing vocational rehabilitation.

                     Subtitle B--Education Matters

Sec. 311. Relief for students who discontinue education because of 
                            military service.
Sec. 312. 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. 313. Repeal of requirement for report to the Secretary of Veterans 
                            Affairs on prior training.
Sec. 314. Modification of waiting period before affirmation of 
                            enrollment in a correspondence course.
Sec. 315. Change of programs of education at the same educational 
                            institution.
Sec. 316. Repeal of certification requirement with respect to 
                            applications for approval of self-
                            employment on-job training.

                       Subtitle C--Other Matters

Sec. 321. Designation of the Office of Small Business Programs of the 
                            Department of Veterans Affairs.

                        TITLE IV--COURT MATTERS

Sec. 401. Increase in number of active judges on the United States 
                            Court of Appeals for Veterans Claims.
Sec. 402. Protection of privacy and security concerns in court records.
Sec. 403. Recall of retired judges of the United States Court of 
                            Appeals for Veterans Claims.
Sec. 404. Annual reports on workload of the United States Court of 
                            Appeals for Veterans Claims.

                       TITLE V--INSURANCE MATTERS

Sec. 501. 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. 502. Treatment of stillborn children as insurable dependents under 
                            Servicemembers' Group Life Insurance.
Sec. 503. Other enhancements of Servicemembers' Group Life Insurance 
                            coverage.

                        TITLE VI--OTHER MATTERS

Sec. 601. 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. 602. Memorial headstones and markers for deceased remarried 
                            surviving spouses of veterans.
Sec. 603. Three-year extension of authority to carry out income 
                            verification.
Sec. 604. Three-year extension of temporary authority for the 
                            performance of medical disability 
                            examinations by contract physicians.

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or 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 
              WITH 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 depending 
        on whether the claim concerned is an original claim, a claim 
        for reopening a prior decision on a claim, or a claim for 
        increase in benefits;
            ``(ii) may provide additional or alternative contents for 
        notice if appropriate to the benefit 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. AUTOMATIC ANNUAL INCREASE IN RATES OF DISABILITY COMPENSATION 
              AND DEPENDENCY AND INDEMNITY COMPENSATION.

    (a) Indexing to Social Security Increases.--Section 5312 is amended 
by adding at the end the following new subsection:
    ``(d)(1) Whenever there is an increase in benefit amounts payable 
under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a 
result of a determination made under section 215(i) of such Act (42 
U.S.C. 415(i)), the Secretary shall, effective on the date of such 
increase in benefit amounts, increase the dollar amounts in effect for 
the payment of disability compensation and dependency and indemnity 
compensation by the Secretary, as specified in paragraph (2), as such 
amounts were in effect immediately prior to the date of such increase 
in benefit amounts payable under title II of the Social Security Act, 
by the same percentage as the percentage by which such benefit amounts 
are increased.
    ``(2) The dollar amounts to be increased pursuant to paragraph (1) 
are the following:
            ``(A) Compensation.--Each of the dollar amounts in effect 
        under section 1114 of this title.
            ``(B) Additional compensation for dependents.--Each of the 
        dollar amounts in effect under section 1115(1) of this title.
            ``(C) Clothing allowance.--The dollar amount in effect 
        under section 1162 of this title.
            ``(D) New dic rates.--Each of the dollar amounts in effect 
        under paragraphs (1) and (2) of section 1311(a) of this title.
            ``(E) Old dic rates.--Each of the dollar amounts in effect 
        under section 1311(a)(3) of this title.
            ``(F) Additional dic for surviving spouses with minor 
        children.--The dollar amount in effect under section 1311(b) of 
        this title.
            ``(G) Additional dic for disability.--Each of the dollar 
        amounts in effect under sections 1311(c) and 1311(d) of this 
        title.
            ``(H) DIC for dependent children.--Each of the dollar 
        amounts in effect under sections 1313(a) and 1314 of this 
        title.
    ``(3) Whenever there is an increase under paragraph (1) in amounts 
in effect for the payment of disability compensation and dependency and 
indemnity compensation, the Secretary shall publish such amounts, as 
increased pursuant to such paragraph, in the Federal Register at the 
same time as the material required by section 215(i)(2)(D) of the 
Social Security Act (42 U.S.C. 415(i)(2)(D)) is published by reason of 
a determination under section 215(i) of such Act (42 U.S.C. 415(i)).''.
    (b) Effective Date.--Subsection (d) of section 5312 of title 38, 
United States Code, as added by subsection (a) of this section, shall 
take effect on December 1, 2009.

SEC. 104. 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. 105. 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 submittal rate of claims to the Secretary of 
        Veterans Affairs regarding 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 eliminate such differences.

SEC. 106. REPORT ON STUDIES REGARDING 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) Finding.--Congress finds that the Secretary of Veterans Affairs 
entered into a contract in February 2008 to conduct two studies as 
follows:
            (1) A study 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) A study 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) Report Required.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        submit to Congress a report on the studies referred to in 
        subsection (a).
            (2) Elements.--The report required by this subsection shall 
        include the following:
                    (A) A comprehensive description of the findings and 
                recommendations of the studies.
                    (B) 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.
                    (C) For each action proposed to be taken as 
                described in subparagraph (B), a proposed schedule for 
                the taking of such action, including a schedule for the 
                commencement and completion of such action.
                    (D) 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 subparagraph (B).
            (3) Submittal date.--The report required by this subsection 
        shall be submitted not later than 210 days after the date of 
        the enactment of this Act.

                       TITLE II--HOUSING MATTERS

SEC. 201. TEMPORARY INCREASE IN MAXIMUM LOAN GUARANTY AMOUNT FOR 
              CERTAIN HOUSING LOANS GUARANTEED BY THE 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. 202. 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 ``95 percent''.

SEC. 203. FOUR-YEAR EXTENSION OF DEMONSTRATION PROJECTS ON ADJUSTABLE 
              RATE MORTGAGES.

    (a) Demonstration Project on Adjustable Rate Mortgages.--Section 
3707(a) is amended by striking ``during fiscal years 1993 through 
2008'' and inserting ``during the period beginning with the beginning 
of fiscal year 1993 and ending at the end of fiscal year 2012''.
    (b) Demonstration Project on Hybrid Adjustable Rate Mortgages.--
Section 3707A(a) is amended by striking ``through 2008'' and inserting 
``through 2012''.

SEC. 204. ELIGIBILITY FOR SPECIALLY ADAPTED HOUSING BENEFITS AND 
              ASSISTANCE FOR MEMBERS OF THE ARMED FORCES WITH A 
              SERVICE-CONNECTED DISABILITY.

    The Secretary of Veterans Affairs may provide assistance under 
chapter 21 of title 38, United States Code, to a member of the Armed 
Forces serving on active duty who is suffering from a disability 
described in section 2101 of such title if such disability is the 
result of an injury incurred or disease contracted in or aggravated in 
line of duty in the active military, naval, or air service. Such 
assistance shall be provided to the same extent, and subject to the 
same limitations, as assistance is provided to veterans under chapter 
21 of such title.

SEC. 205. 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.

                 TITLE III--LABOR AND EDUCATION MATTERS

                Subtitle A--Labor and Employment Matters

SEC. 301. 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. 302. 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. 303. 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 302 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 302 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 302 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. 304. 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. 305. 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 Congress 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. 306. 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 vocational rehabilitation. The study shall include an 
identification of the following:
            (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 in other disability systems in the 
        United States, and in other countries, to encourage completion 
        of vocational rehabilitation by persons covered by such 
        systems.
            (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 undergo and complete 
        vocational rehabilitation.
            (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.

                     Subtitle B--Education Matters

SEC. 311. RELIEF FOR STUDENTS WHO DISCONTINUE EDUCATION BECAUSE OF 
              MILITARY SERVICE.

    (a) In General.--Title VII of the Servicemembers Civil Relief Act 
(50 U.S.C. App. 591 et seq.) is amended by adding at the end the 
following new section:

``SEC. 707. TUITION, REENROLLMENT, AND STUDENT LOAN RELIEF FOR 
              POSTSECONDARY STUDENTS CALLED TO MILITARY SERVICE.

    ``(a) Tuition and Reenrollment.--In the case of a servicemember who 
because of military service discontinues a program of education at a 
covered institution of higher education that administers a Federal 
financial aid program, such institution of higher education shall--
            ``(1) refund to such servicemember the tuition and fees 
        paid by such servicemember from personal funds, or from a loan, 
        for the portion of the program of education for which such 
        servicemember did not receive academic credit because of such 
        military service; and
            ``(2) provide such servicemember an opportunity to reenroll 
        in such program of education with the same educational and 
        academic status such servicemember had when such servicemember 
        discontinued such program of education because of such military 
        service.
    ``(b) Interest Rate Limitation on Student Loans.--
            ``(1) In general.--Except as provided in paragraph (2) of 
        this subsection, a student loan shall be considered an 
        obligation or liability for the purposes of section 207.
            ``(2) Exception.--Subsection (c) of section 207 shall not 
        apply to a student loan.
    ``(c) Definitions.--In this section:
            ``(1) The term `covered institution of higher education' 
        means a 2-year or 4-year institution of higher education as 
        defined in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002) that participates in a loan program under title IV 
        of that Act (20 U.S.C. 1070 et seq.).
            ``(2) The term `Federal financial aid program' means a 
        program providing loans made, insured, or guaranteed under part 
        B, D, or E of title IV of the Higher Education Act of 1965 (20 
        U.S.C. 1077 et seq., 1087a et seq., 1087aa et seq.).
            ``(3) The term `student loan' means any loan, whether 
        Federal, State, or private, to assist an individual to attend 
        an institution of higher education, including a loan made, 
        insured, or guaranteed under part B, D, or E of title IV of the 
        Higher Education Act of 1965 (20 U.S.C. 1077 et seq., 1087a et 
        seq., 1087aa et seq.).''.
    (b) Clerical Amendment.--The table of contents in section (1)(b) of 
such Act is amended by adding at the end the following new item:

``Sec. 707. Tuition, reenrollment, and student loan relief for 
                            postsecondary students called to military 
                            service.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect for periods of military service beginning after the date of the 
enactment of this section.

SEC. 312. 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. 313. 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. 314. MODIFICATION OF WAITING PERIOD BEFORE AFFIRMATION OF 
              ENROLLMENT IN A CORRESPONDENCE COURSE.

    Section 3686(b) is amended by striking ``ten'' and inserting 
``five''.

SEC. 315. 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. 316. 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.''.

                       Subtitle C--Other Matters

SEC. 321. DESIGNATION OF THE OFFICE OF SMALL BUSINESS PROGRAMS OF THE 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) Designation.--The Office of Small Business Programs of the 
Department of Veterans Affairs is the office that is established within 
the Office of the Secretary of Veterans Affairs under section 15(k) of 
the Small Business Act (15 U.S.C. 644(k)).
    (b) Head.--The Director of Small Business Programs is the head of 
the Office of Small Business Programs of the Department of Veterans 
Affairs.

                        TITLE IV--COURT MATTERS

SEC. 401. INCREASE IN NUMBER OF ACTIVE JUDGES ON THE UNITED STATES 
              COURT OF APPEALS FOR VETERANS CLAIMS.

    Section 7253(a) is amended by striking ``seven judges'' and 
inserting ``nine judges''.

SEC. 402. 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. 403. 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. 404. 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.
    ``(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.''.

                       TITLE V--INSURANCE MATTERS

SEC. 501. 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 suffer severe and acute from 
        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. 502. 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. 503. 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 502 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.

                        TITLE VI--OTHER MATTERS

SEC. 601. 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. 602. 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.

SEC. 603. 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. 604. THREE-YEAR 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, 2012''.
            Amend the title so as to read: ``A Bill 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.''.
                                                       Calendar No. 947

110th CONGRESS

  2d Session

                                S. 3023

                          [Report No. 110-449]

_______________________________________________________________________

                                 A BILL

  To amend title 38, United States Code, to require the Secretary of 
Veterans Affairs to prescribe regulations relating to the notice to be 
 provided claimants with the Department of Veterans Affairs regarding 
                     the substantiation of claims.

_______________________________________________________________________

                           September 9, 2008

        Reported with an amendment and an amendment to the title