[Congressional Record Volume 154, Number 147 (Tuesday, September 16, 2008)]
[Senate]
[Pages S8875-S8889]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               VETERANS' BENEFITS IMPROVEMENT ACT OF 2008

  Mr. LEVIN. Mr. President, I ask unanimous consent that the Senate

[[Page S8876]]

proceed to the immediate consideration of Calendar No. 947, S. 3023.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 3023) 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, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Veterans' Affairs, with 
an amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

                                S. 3023

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

     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.

[[Page S8877]]

       ``(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--

[[Page S8878]]

       (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

[[Page S8879]]

       ``(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.

[[Page S8880]]

     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.

[[Page S8881]]

       ``(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.''.

  Mr. AKAKA. Mr. President, I am pleased that the Senate is acting on 
S. 3023, the proposed Veterans' Benefits Improvement Act of 2008, as 
reported by the Committee on Veterans' Affairs. This omnibus veterans' 
benefits bill will provide much needed support to our Nation's 
veterans. It contains six titles and 34 provisions that are designed to 
enhance compensation, housing, labor and education, and insurance 
benefits for veterans. A full explanation of the bill is available in 
the committee's report accompanying this legislation, Senate Report 
110-449.
  I believe that it is important that we view veterans' compensation, 
and indeed all benefits earned by veterans, as a continuing cost of 
war. This legislation reflects that perspective.
  I will highlight a few of the provisions that I have sponsored in the 
legislation that is before us today.
  This legislation would result in improved notices being sent to 
veterans concerning their claims for VA benefits. Following a number of 
decisions by the U.S. Court of Appeals for Veterans Claims and the U.S. 
Court of Appeals for the Federal Circuit, VA's notification letters to 
veterans about the status of their claims have become increasingly 
long, complex, and difficult to understand. These notification letters 
must be simplified, as veterans,

[[Page S8882]]

VA, veterans' advocates, and outside review bodies have all 
recommended. The notices should focus on the specific type of claim 
presented. They should use plain and ordinary language rather than 
bureaucratic jargon. Veterans should not be subjected to confusing 
information as they seek benefits.
  To further improve the VA compensation system, this legislation would 
end the prohibition on judicial review in the United States Court of 
Appeals for the Federal Circuit of matters concerning the VA rating 
schedule. VA issues regulations which are used to assign ratings to 
veterans for particular disabilities. Under current law, actions 
concerning the rating schedule are not subject to judicial review 
unless a constitutional challenge is presented. This legislation would 
amend the law to treat actions concerning the rating schedule in the 
same manner as all other actions concerning VA regulations.
  I expect VA to comply with all laws passed by Congress in developing 
and revising the Rating Schedule. However, justice to our Nation's 
veterans requires that actions concerning the rating schedule be 
subject to the same judicial scrutiny as is available for the review of 
actions involving other regulations.
  VA's home loan guaranty program may exempt homeowners from having to 
make a down payment or secure private mortgage insurance, depending on 
the size of the loan and the amount of the VA guaranty. In general, 
eligibility is extended to veterans who served on active duty for a 
minimum of 90 days during wartime, or 181 continuous days during 
peacetime, and have a discharge other than dishonorable. Members of the 
Guard and Reserve who have never been called to active duty must serve 
a total of six years in order to be eligible for the benefit. Certain 
surviving spouses are also eligible for the housing guaranty.
  Public Law 108-454 increased VA's maximum guaranty amount to 25 
percent of the Freddie Mac conforming loan limit determined under 
section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act for 
a single family residence, as adjusted for the year involved.
  The Economic Stimulus Act of 2008, Public Law 110-185, temporarily 
reset the maximum limits on home loans that the Federal Housing 
Administration may insure and that Fannie Mae and Freddie Mac may 
purchase on the secondary market to 125 percent of metropolitan-area 
median home prices, but did so without reference to the VA home loan 
program. This had the effect of raising the Fannie Mae, Freddie Mac, 
and FHA limits to nearly $730,000, in the highest cost areas, while 
leaving the then-VA limit of $417,000 in place. On July 30, 2008, the 
Housing and Economic Recovery Act of 2008 was signed into law as Public 
Law 110-289. That law provided a temporary increase in the maximum 
guaranty amount for VA loans originated from July 30, 2008 through 
December 31, 2008 to the same level as provided in the Stimulus Act.
  S. 3023, as amended, would extend the temporary increase in the 
maximum guaranty amount until December 31, 2011. This would enable more 
veterans to utilize their VA benefit to purchase more costly homes.
  The committee bill would also increase the maximum guaranty limit for 
refinance loans and increase the percentage of an existing loan that VA 
will refinance under the VA home loan program.
  Under current law, the maximum VA home loan guaranty limit for most 
loans in excess of $144,000 is equal to 25 percent of the Freddie Mac 
conforming loan limit for a single family home. Public Law 110-289 set 
this value at approximately $182,437 through the end of 2008. This 
means lenders offering loans of up to $729,750 will receive up to a 25 
percent guaranty, which is typically required to place the loan on the 
secondary market. Under current law, this does not include regular 
refinance loans.
  Current law limits to $36,000 the guaranty that can be used for a 
regular refinance loan. This restriction means VA will not guarantee a 
regular refinance loan over $144,000, essentially precluding a veteran 
from using the VA program to refinance his or her existing FHA or 
conventional loan in excess of that amount.
  VA is also currently precluded from refinancing a loan if the 
homeowner does not have at least 10 percent equity in his or her home.
  The committee bill would decrease the equity requirement from 10 
percent to 5 percent for refinancing from an FHA loan or conventional 
loan to a VA-guaranteed loan. This would allow more veterans to use 
their VA benefit to refinance their mortgages. Many veterans do not 
have 10 percent equity and thus are precluded from refinancing with a 
VA-guaranteed home loan.
  Given the anticipated number of non-VA-guaranteed adjustable rate 
mortgages that are approaching the reset time when payments are likely 
to increase, the committee believes that it is prudent to facilitate 
veterans refinancing to VA-guaranteed loans. In light of today's 
housing and home loan crises, additional refinancing options will help 
some veterans bridge financial gaps and allow them to stay in their 
homes and escape possible foreclosures. These provisions would allow 
more qualified veterans to refinance their home loans under the VA 
program.
  The omnibus benefits bill would also make crucial updates to the 
Uniformed Services Employment and Reemployment Rights Act, which 
protects servicemembers' rights to return to their prior jobs with the 
same wages and benefits. The provisions in the committee bill are 
derived from S. 2471, the proposed ``USERRA Enforcement Improvement Act 
of 2007,'' which Senator Kennedy and I introduced on December 13, 2007. 
This legislation would ensure that federal agencies assist 
servicemembers in a more effective manner, by requiring the Department 
of Labor to investigate and refer cases in a more timely manner, and by 
requiring reports from the Department of Labor on their compliance with 
the deadlines.
  Finally, the omnibus benefits bill includes a provision derived from 
S. 3000, the proposed ``Native American Veterans Access Act of 2008,'' 
which I introduced on May 8, 2008. This provision is intended to 
improve VA's ability to understand and respond to the needs of Native 
American veterans. While Native Americans are more likely to serve in 
uniform than the general population, many of them find cultural and 
geographical barriers between themselves and the benefits they earned 
through service. In addition, those returning to traditional homelands, 
especially reservation communities, frequently come home to dismal job 
opportunities and starved economies. The proposed bill would require a 
study to help us understand the employment needs of Native American 
veterans and how best to address them.
  I thank the committee's ranking member, Senator Burr, for the 
agreements we have been able to reach. I truly appreciate his 
cooperation and that of the other members of the committee that have 
aided our work. I look forward to working with all those on the 
committee and our colleagues in the House in order to bring this 
legislation to final action before the end of this month.
  I urge colleagues to support this important legislation that would 
benefit many of this Nation's nearly 24 million veterans and their 
families.
  Mr. BURR. Mr. President, as ranking member of the Senate Committee on 
Veterans' Affairs, I rise today to express my support for S. 3023, the 
Veterans' Benefits Improvement Act of 2008. This veterans' benefits 
omnibus bill will make a wide assortment of improvements to benefits 
programs for veterans.
  I commend Chairman Akaka for his efforts in crafting this committee 
bill which reflects the bipartisan work of almost every member of our 
committee and over 30 other Senators. The result of our work is a bill 
with 35 provisions touching on education, vocational rehabilitation, 
employment, housing, compensation, insurance, memorial affairs, and 
other issues.
  Among many other valuable provisions, this bill includes an education 
benefit that draws its inspiration from a North Carolinian who has 
become one of the foremost advocates of the needs of severely injured 
servicemen and women and their families. Sarah Wade, spouse of Ted 
Wade, an Iraq war veteran who lost his right arm and has battled the 
effects of severe traumatic brain injury after an explosive detonated 
under his Humvee in 2004, has

[[Page S8883]]

been at her husband's side as a primary caregiver from the beginning. 
She quit her job to take care of Ted and has doggedly ensured that he 
receives the highest quality of care. It is likely that her intensive 
involvement in Ted's ongoing recovery will last for several more years.
  Sarah's effort on behalf of her husband leaves little time for 
herself. Sarah would one day like to go to school. Although VA provides 
an educational assistance benefit for the spouses of totally disabled 
veterans and servicemembers, the law requires that the benefit be used 
within 10 years of the date the veteran receives a total disability 
rating. For a spouse like Sarah Wade, there is next to no time to take 
advantage of this benefit within that timeframe. The recovery period 
for a TBI-afflicted veteran--the very period that Ted needs Sarah the 
most--simply precludes her from pursuing that option.
  In recognition of hundreds of spouses like Sarah, the Veterans' 
Benefits Improvement Act of 2008 would extend from 10 to 20 years the 
period within which certain spouses of severely disabled veterans could 
use their education benefits. That longer window will allow Sarah and 
others to focus on their first priority, the care of their injured 
spouses, while giving them some flexibility to pursue their educational 
goals later on. This provision is simply the right thing to do.
  Another provision that I would like to discuss is one that would 
require human resource specialists in the Federal executive branch to 
receive training on the Uniformed Services Employment and Reemployment 
Rights Act or USERRA. This law provides a wide range of employment 
protections to veterans, future and current members of the Armed 
Forces, and Guard and Reserve members.
  More than 60 years ago Congress recognized that those who serve our 
country in a time of need should be entitled to resume their civilian 
jobs when they return home. After Congress passed the first law 
providing reemployment rights to servicemen and women in 1940, 
President Roosevelt said these rights were part of ``the special 
benefits which are due to the members of our armed forces--for they 
`have been compelled to make greater economic sacrifice and every other 
kind of sacrifice than the rest of us.' ''
  As we all know, the sacrifices by this generation of servicemen and 
women are just as profound. In North Carolina alone, we have over 1,000 
members of the Guard and Reserves currently deployed, and more than 
45,000 members of the Guard and Reserves have deployed since the 
beginning of the War on Terror. Many left behind not only family and 
friends, but valued civilian careers.
  For them, the modern reemployment law, the Uniformed Services 
Employment and Reemployment Rights Act, requires that they be given 
their jobs back when they return home. It also requires that they 
receive all the benefits and seniority that would have accumulated 
during their absence.
  While every employer should strive to meet or exceed the requirements 
of USERRA, Congress has stressed that ``the Federal Government should 
be a model employer'' when it comes to complying with this law. In my 
view, this means the Federal Government should make sure that not a 
single returning servicemember is denied proper reinstatement to a 
Federal job. But unfortunately, this is not happening yet.
  At a hearing last year, the Committee on Veterans' Affairs learned 
that the Federal executive branch continues to violate this law. Worse, 
these violations are often the result of lack of understanding or 
knowledge about what the law requires. In fact, the Assistant Secretary 
for Veterans' Employment and Training of the U.S. Department of Labor 
testified at our hearing that ``about half' of Federal USERRA cases 
occur because ``the Federal hiring manager just doesn't understand the 
law or the . . . regulations that spell out how to implement the law.''
  Based on that, it seems clear that we need to do more to prevent 
these USERRA violations from occurring in the first place. We owe 
nothing less to those who have served and sacrificed so much for our 
nation. That is why I have championed this provision to require the 
head of each Federal executive agency to provide training for their 
human resources personnel on the rights, benefits, and obligations 
under USERRA. I am very pleased that this provision was included in the 
omnibus bill and hope it will soon become law.
  The Veterans' Benefits Improvement Act of 2008 also includes a 
provision that would require VA to provide Congress with a plan for 
updating its disability rating schedule and a timeline for when changes 
will be made. This rating schedule--which is the cornerstone of the 
entire VA claims processing system--was developed in the early 1900s 
and about 35 percent of it has not been updated since 1945. It is 
riddled with outdated criteria that do not track with modern medicine. 
Take for example traumatic arthritis. The rating schedule requires a 
veteran to show proof of this condition through x-ray evidence. But 
doctors today would generally diagnose the condition using more modern 
technology, like an MRI.
  Even worse, experts have been telling us the rating schedule is not 
adequate for rating conditions like post-traumatic stress disorder and 
traumatic brain injury, which are afflicting so many of our veterans 
from the War on Terror. Also, experts have told us that the schedule 
does not adequately compensate young, severely disabled veterans; 
veterans with mental disabilities; and veterans who are unemployable.
  To address this situation, VA has been conducting studies on the 
appropriate level of disability compensation to account for any loss of 
earning capacity and any loss of qualify of life caused by service-
related disabilities. To make sure these studies don't get put on a 
shelf to collect dust--as has happened in the past--this bill would 
require VA to submit to Congress a report outlining the findings and 
recommendations of those studies, a list of the actions that VA plans 
to take in response, and a timeline for when VA plans to take those 
actions. My hope is that this will finally prompt the type of complete 
update that the VA rating schedule has needed for so long.
  These are only a few of the 35 items in this bill. I am confident 
that each of the bill's provisions will improve the lives of and 
veterans, even if only in a small way. My hope is that these 
provisions, and others, will be passed by both Houses before Congress 
leaves for the year. I ask my colleagues for their support as Chairman 
Akaka and I work to make sure that happens.
  Mr. LEVIN. Mr. President, I further ask unanimous consent that the 
Akaka amendment be agreed to; that the committee's substitute 
amendment, as amended, be agreed to; the bill be read a third time and 
passed; the title amendment be agreed to; the motion to reconsider be 
laid upon the table, with no intervening action or debate, and any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5614) was agreed to, as follows:

 (Purpose: To strike section 311, relating to relief for students who 
  discontinue education because of military service, and to provide a 
  temporary increase in the number of authorized judges of the United 
              States Court of Appeals for Veterans Claims)

       Strike section 311.
       Strike section 401 and insert the following:

     SEC. 401. 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).''.
       On page 47, between lines 20 and 21, insert the following:
       ``(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''.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.

[[Page S8884]]

  The bill (S. 3023), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 3023

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

     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. 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. 312. Repeal of requirement for report to the Secretary of Veterans 
              Affairs on prior training.
Sec. 313. Modification of waiting period before affirmation of 
              enrollment in a correspondence course.
Sec. 314. Change of programs of education at the same educational 
              institution.
Sec. 315. 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. Temporary increase in number of authorized judges of 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.

[[Page S8885]]

       ``(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.

[[Page S8886]]

                 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

[[Page S8887]]

     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. 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

[[Page S8888]]

     the eligible person remains the spouse of the disabled person 
     throughout the period.''.

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

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

     SEC. 314. 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. 315. 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. 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. 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.

[[Page S8889]]

       ``(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.''.

                       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''.
  The title was amended 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.

                          ____________________