[Congressional Record Volume 154, Number 152 (Wednesday, September 24, 2008)]
[House]
[Pages H9387-H9405]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               VETERANS' BENEFITS IMPROVEMENT ACT OF 2008

  Mr. FILNER. Madam Speaker, I move to suspend the rules and pass the 
Senate bill (S. 3023) 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, as amended.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is 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; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Veterans' 
     Benefits Improvement Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Reference to title 38, United States Code.

               TITLE I--COMPENSATION AND PENSION MATTERS

Sec. 101. Regulations on contents of notice to be provided claimants by 
              the Department of Veterans Affairs regarding the 
              substantiation of claims.
Sec. 102. Judicial review of adoption and revision by the Secretary of 
              Veterans Affairs of the schedule of ratings for 
              disabilities of veterans.
Sec. 103. Conforming amendment relating to non-deductibility from 
              veterans' disability compensation of disability severance 
              pay for disabilities incurred by members of the Armed 
              Forces in combat zones.
Sec. 104. Report on progress of the Secretary of Veterans Affairs in 
              addressing causes for variances in compensation payments 
              for veterans for service-connected disabilities.
Sec. 105. Extension of temporary authority for the performance of 
              medical disability examinations by contract physicians.
Sec. 106. Addition of osteoporosis to disabilities presumed to be 
              service-connected in former prisoners of war with post-
              traumatic stress disorder.

 TITLE II--MODERNIZATION OF DEPARTMENT OF VETERANS AFFAIRS DISABILITY 
                          COMPENSATION SYSTEM

                      Subtitle A--Benefits Matters

Sec. 211. Authority for temporary disability ratings.
Sec. 212. Substitution upon death of claimant.
Sec. 213. Report on compensation of veterans for loss of earning 
              capacity and quality of life and on long-term transition 
              payments to veterans undergoing rehabilitation for 
              service-connected disabilities.
Sec. 214. Advisory Committee on Disability Compensation.

             Subtitle B--Assistance and Processing Matters

Sec. 221. Pilot programs on expedited treatment of fully developed 
              claims and provision of checklists to individuals 
              submitting claims.
Sec. 222. Office of Survivors Assistance.
Sec. 223. Comptroller General report on adequacy of dependency and 
              indemnity compensation to maintain survivors of veterans 
              who die from service-connected disabilities.
Sec. 224. Independent assessment of quality assurance program.
Sec. 225. Certification and training of employees of the Veterans 
              Benefits Administration responsible for processing 
              claims.
Sec. 226. Study of performance measures for claims adjudications of the 
              Veterans Benefits Administration.
Sec. 227. Review and enhancement of use of information technology in 
              Veterans Benefits Administration.
Sec. 228. Study and report on improving access to medical advice.

                 TITLE III--LABOR AND EDUCATION MATTERS

                Subtitle A--Labor and Employment Matters

Sec. 311. Reform of USERRA complaint process.
Sec. 312. Modification and expansion of reporting requirements with 
              respect to enforcement of USERRA.
Sec. 313. Training for executive branch human resources personnel on 
              employment and reemployment rights of members of the 
              uniformed services.
Sec. 314. Report on the employment needs of Native American veterans 
              living on tribal lands.
Sec. 315. Equity powers.
Sec. 316. Waiver of residency requirement for Directors for Veterans' 
              Employment and Training.
Sec. 317. Modification of special unemployment study to cover veterans 
              of Post 9/11 Global Operations.

                     Subtitle B--Education Matters

Sec. 321. Modification of period of eligibility for Survivors' and 
              Dependents' Educational Assistance of certain spouses of 
              individuals with service-connected disabilities total and 
              permanent in nature.
Sec. 322. Repeal of requirement for report to the Secretary of Veterans 
              Affairs on prior training.
Sec. 323. Modification of waiting period before affirmation of 
              enrollment in a correspondence course.

[[Page H9388]]

Sec. 324. Change of programs of education at the same educational 
              institution.
Sec. 325. Repeal of certification requirement with respect to 
              applications for approval of self-employment on-job 
              training.
Sec. 326. Coordination of approval activities in the administration of 
              education benefits.

             Subtitle C--Vocational Rehabilitation Matters

Sec. 331. Waiver of 24-month limitation on program of independent 
              living services and assistance for veterans with a severe 
              disability incurred in the Post-9/11 Global Operations 
              period.
Sec. 332. Increase in cap of number of veterans participating in 
              independent living program.
Sec. 333. Report on measures to assist and encourage veterans in 
              completing vocational rehabilitation.
Sec. 334. Longitudinal study of Department of Veterans Affairs 
              vocational rehabilitation programs.

                      TITLE IV--INSURANCE MATTERS

Sec. 401. Report on inclusion of severe and acute post-traumatic stress 
              disorder among conditions covered by traumatic injury 
              protection coverage under Servicemembers' Group Life 
              Insurance.
Sec. 402. Treatment of stillborn children as insurable dependents under 
              Servicemembers' Group Life Insurance.
Sec. 403. Other enhancements of Servicemembers' Group Life Insurance 
              coverage.
Sec. 404. Administrative costs of service disabled veterans' insurance.

                        TITLE V--HOUSING MATTERS

Sec. 501. Temporary increase in maximum loan guaranty amount for 
              certain housing loans guaranteed by Secretary of Veterans 
              Affairs.
Sec. 502. Report on impact of mortgage foreclosures on veterans.
Sec. 503. Requirement for regular updates to handbook for design 
              furnished to veterans eligible for specially adapted 
              housing assistance by Secretary of Veterans Affairs.
Sec. 504. Enhancement of refinancing of home loans by veterans.
Sec. 505. Extension of certain veterans home loan guaranty programs.

                        TITLE VI--COURT MATTERS

Sec. 601. Temporary increase in number of authorized judges of the 
              United States Court of Appeals for Veterans Claims.
Sec. 602. Protection of privacy and security concerns in court records.
Sec. 603. Recall of retired judges of the United States Court of 
              Appeals for Veterans Claims.
Sec. 604. Annual reports on workload of the United States Court of 
              Appeals for Veterans Claims.
Sec. 605. Additional discretion in imposition of practice and 
              registration fees.

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

Sec. 701. Findings and purpose.
Sec. 702. Department of Veterans Affairs provision of assistance to 
              United States Paralympics, Inc.
Sec. 703. Department of Veterans Affairs Office of National Veterans 
              Sports Programs and Special Events.
Sec. 704. Comptroller General report.

                       TITLE VIII--OTHER MATTERS

Sec. 801. Authority for suspension or termination of claims of the 
              United States against individuals who died while serving 
              on active duty in the Armed Forces.
Sec. 802. Three-year extension of authority to carry out income 
              verification.
Sec. 803. Maintenance, management, and availability for research of 
              assets of Air Force Health Study.
Sec. 804. National Academies study on risk of developing multiple 
              sclerosis as a result of certain service in the Persian 
              Gulf War and Post 9/11 Global Operations theaters.
Sec. 805. Termination or suspension of contracts for cellular telephone 
              service for certain servicemembers.
Sec. 806. Contracting goals and preferences for veteran-owned small 
              business concerns.
Sec. 807. Penalties for violation of interest rate limitation under 
              Servicemembers Civil Relief Act.
Sec. 808. Five-year extension of sunset provision for Advisory 
              Committee on Minority Veterans.
Sec. 809. Authority of Secretary of Veterans Affairs to advertise to 
              promote awareness of benefits under laws administered by 
              the Secretary.
Sec. 810. Memorial headstones and markers for deceased remarried 
              surviving spouses of veterans.

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

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of title 38, United States Code.

               TITLE I--COMPENSATION AND PENSION MATTERS

     SEC. 101. REGULATIONS ON CONTENTS OF NOTICE TO BE PROVIDED 
                   CLAIMANTS BY THE DEPARTMENT OF VETERANS AFFAIRS 
                   REGARDING THE SUBSTANTIATION OF CLAIMS.

       (a) In General.--Section 5103(a) is amended--
       (1) by inserting ``(1)'' before ``Upon receipt''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) The Secretary shall prescribe in regulations 
     requirements relating to the contents of notice to be 
     provided under this subsection.
       ``(B) The regulations required by this paragraph--
       ``(i) shall specify different contents for notice based on 
     whether the claim concerned is an original claim, a claim for 
     reopening a prior decision on a claim, or a claim for an 
     increase in benefits;
       ``(ii) shall provide that the contents for such notice be 
     appropriate to the type of benefits or services sought under 
     the claim;
       ``(iii) shall specify for each type of claim for benefits 
     the general information and evidence required to substantiate 
     the basic elements of such type of claim; and
       ``(iv) shall specify the time period limitations required 
     pursuant to subsection (b).''.
       (b) Applicability.--The regulations required by paragraph 
     (2) of section 5103(a) of title 38, United States Code (as 
     amended by subsection (a) of this section), shall apply with 
     respect to notices provided to claimants on or after the 
     effective date of such regulations.

     SEC. 102. JUDICIAL REVIEW OF ADOPTION AND REVISION BY THE 
                   SECRETARY OF VETERANS AFFAIRS OF THE SCHEDULE 
                   OF RATINGS FOR DISABILITIES OF VETERANS.

       Section 502 is amended by striking ``(other than an action 
     relating to the adoption or revision of the schedule of 
     ratings for disabilities adopted under section 1155 of this 
     title)''.

     SEC. 103. CONFORMING AMENDMENT RELATING TO NON-DEDUCTIBILITY 
                   FROM VETERANS' DISABILITY COMPENSATION OF 
                   DISABILITY SEVERANCE PAY FOR DISABILITIES 
                   INCURRED BY MEMBERS OF THE ARMED FORCES IN 
                   COMBAT ZONES.

       (a) Conforming Amendment.--Section 1646 of the Wounded 
     Warrior Act (title XVI of Public Law 110-181; 122 Stat. 472) 
     is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Conforming Amendment.--Section 1161 of title 38, 
     United States Code, is amended by striking `as required by 
     section 1212(c) of title 10' and inserting `to the extent 
     required by section 1212(d) of title 10'.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on January 28, 2008 (the date of the 
     enactment of the Wounded Warrior Act), as if included in that 
     Act, to which they relate.

     SEC. 104. REPORT ON PROGRESS OF THE SECRETARY OF VETERANS 
                   AFFAIRS IN ADDRESSING CAUSES FOR VARIANCES IN 
                   COMPENSATION PAYMENTS FOR VETERANS FOR SERVICE-
                   CONNECTED DISABILITIES.

       (a) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of Veterans 
     Affairs shall submit to the Committee on Veterans' Affairs of 
     the Senate and the Committee on Veterans' Affairs of the 
     House of Representatives a report describing the progress of 
     the Secretary in addressing the causes of unacceptable 
     variances in compensation payments for veterans for service-
     connected disabilities.
       (b) Elements.--The report required under subsection (a) 
     shall include the following:
       (1) A description of the efforts of the Veterans Benefits 
     Administration to coordinate with the Veterans Health 
     Administration to improve the quality of examinations of 
     veterans with service-connected disabilities that are 
     performed by the Veterans Health Administration and contract 
     clinicians, including efforts relating to the use of approved 
     templates for such examinations and of reports on such 
     examinations that are based on such templates prepared in an 
     easily-readable format.
       (2) An assessment of the current personnel requirements of 
     the Veterans Benefits Administration, including an assessment 
     of the adequacy of the number of personnel assigned to each 
     regional office of the Administration for each type of claim 
     adjudication position.
       (3) A description of the differences, if any, in current 
     patterns of claims submitted to the Secretary of Veterans 
     Affairs regarding ratings for service-connected disabilities 
     among various populations of veterans, including veterans 
     living in rural and highly rural areas, minority veterans, 
     veterans who served in the National Guard or Reserve, and 
     veterans who are retired from the Armed Forces, and a 
     description and assessment of efforts undertaken to reduce 
     such differences.

[[Page H9389]]

     SEC. 105. EXTENSION OF TEMPORARY AUTHORITY FOR THE 
                   PERFORMANCE OF MEDICAL DISABILITY EXAMINATIONS 
                   BY CONTRACT PHYSICIANS.

       Section 704(c) of the Veterans Benefits Act of 2003 (Public 
     Law 108-183; 117 Stat. 2651; 38 U.S.C. 5101 note) is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2010''.

     SEC. 106. ADDITION OF OSTEOPOROSIS TO DISABILITIES PRESUMED 
                   TO BE SERVICE-CONNECTED IN FORMER PRISONERS OF 
                   WAR WITH POST-TRAUMATIC STRESS DISORDER.

       Section 1112(b)(2) is amended by adding at the end the 
     following new subparagraph:
       ``(F) Osteoporosis, if the Secretary determines that the 
     veteran has post-traumatic stress disorder (PTSD).''.

 TITLE II--MODERNIZATION OF DEPARTMENT OF VETERANS AFFAIRS DISABILITY 
                          COMPENSATION SYSTEM

                      Subtitle A--Benefits Matters

     SEC. 211. AUTHORITY FOR TEMPORARY DISABILITY RATINGS.

       (a) In General.--Chapter 11 is amended by inserting after 
     section 1155 the following new section:

     ``Sec. 1156. Temporary disability ratings

       ``(a) Assignment of Temporary Ratings.--(1) For the purpose 
     of providing disability compensation under this chapter to 
     veterans, the Secretary shall assign a temporary disability 
     rating to a veteran as follows:
       ``(A) To a veteran who--
       ``(i) was discharged or released from active duty not more 
     than 365 days before the date such veteran submits a claim 
     for disability compensation under this chapter;
       ``(ii) has one or more disabilities for which a rating of 
     total is not immediately assignable--
       ``(I) under the regular provisions of the schedule of 
     ratings; or
       ``(II) on the basis of individual unemployability; and
       ``(iii) has one or more--
       ``(I) severe disabilities that result in substantially 
     gainful employment not being feasible or advisable; or
       ``(II) healed, unhealed, or incompletely healed wounds or 
     injuries that make material impairment of employability 
     likely.
       ``(B) To a veteran who, as a result of a highly stressful 
     in-service event, has a mental disorder that is severe enough 
     to bring about the veteran's discharge or release from active 
     duty.
       ``(C) To a veteran who has a service-connected disability 
     that requires hospital treatment or observation in a 
     Department of Veterans Affairs or approved hospital for a 
     period in excess of 21 days.
       ``(D) To a veteran who has a service-connected disability 
     that has required convalescent care or treatment at hospital 
     discharge (regular discharge or release to non-bed care) or 
     outpatient release that meets the requirements of regulations 
     prescribed by the Secretary.
       ``(2) With respect to a veteran described in paragraph 
     (1)(A), the Secretary may assign a temporary disability 
     rating to such veteran regardless of whether such veteran has 
     obtained a medical examination or a medical opinion 
     concerning such veteran's disability.
       ``(3) With respect to a veteran described in paragraph 
     (1)(B), the Secretary shall schedule a medical examination 
     for such veteran not later than six months after the 
     separation or discharge of such veteran from active duty.
       ``(b) Termination of Temporary Disability Ratings.--(1) 
     Except as provided in paragraph (2), a temporary disability 
     rating assigned to a veteran under this section shall remain 
     in effect as follows:
       ``(A) For a veteran who is assigned a temporary disability 
     rating under subsection (a)(1)(A), until the later of the 
     date that is--
       ``(i) 12 months after the date of discharge or release from 
     active duty; or
       ``(ii) provided in regulations prescribed by the Secretary.
       ``(B) For a veteran who is assigned a temporary disability 
     rating under subsection (a)(1)(B), until the date on which a 
     rating decision is issued to such veteran following the 
     medical examination scheduled under subsection (a)(3).
       ``(C) For a veteran who is assigned a temporary disability 
     rating under subsection (a)(1)(C), until the later of the 
     date that is--
       ``(i) the last day of the month in which the veteran is 
     discharged from the hospital as described in such subsection 
     (a)(1)(C); or
       ``(ii) provided in regulations prescribed by the Secretary.
       ``(D) For a veteran who is assigned a temporary disability 
     rating under subsection (a)(1)(D), until the date that is 
     provided in regulations prescribed by the Secretary.
       ``(2) The Secretary may extend a temporary disability 
     rating assigned to a veteran under subsection (a) beyond the 
     applicable termination date under paragraph (1) if the 
     Secretary determines that such an extension is appropriate.
       ``(c) Regulations.--The Secretary shall prescribe 
     regulations to carry out the provisions of this section.
       ``(d) Construction.--Nothing in this section shall be 
     construed to preclude the Secretary from providing a 
     temporary disability rating under an authority other than 
     this section.''.
       (b) Application.--Section 1156(a)(1) of title 38, United 
     States Code, as added by subsection (a), shall apply with 
     respect to a veteran who is discharged or released from 
     active duty (as defined in section 101 of title 38, United 
     States Code) on or after the date of the enactment of this 
     Act.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 11 is amended by inserting after the 
     item relating to section 1155 the following new item:

``1156. Temporary disability ratings.''.

     SEC. 212. SUBSTITUTION UPON DEATH OF CLAIMANT.

       (a) In General.--Chapter 51 is amended by inserting after 
     section 5121 the following new section:

     ``Sec. 5121A. Substitution in case of death of claimant

       ``(a) Substitution.--(1) If a claimant dies while a claim 
     for any benefit under a law administered by the Secretary, or 
     an appeal of a decision with respect to such a claim, is 
     pending, a living person who would be eligible to receive 
     accrued benefits due to the claimant under section 5121(a) of 
     this title may, not later than one year after the date of the 
     death of such claimant, file a request to be substituted as 
     the claimant for the purposes of processing the claim to 
     completion.
       ``(2) Any person seeking to be substituted for the claimant 
     shall present evidence of the right to claim such status 
     within such time as prescribed by the Secretary in 
     regulations.
       ``(3) Substitution under this subsection shall be in 
     accordance with such regulations as the Secretary may 
     prescribe.
       ``(b) Limitation.--Those who are eligible to make a claim 
     under this section shall be determined in accordance with 
     section 5121 of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 51 is amended by inserting after the 
     item relating to section 5121 the following new item:

``5121A. Substitution in case of death of claimant.''.
       (c) Effective Date.--Section 5121A of title 38, United 
     States Code, as added by subsection (a), shall apply with 
     respect to the claim of any claimant who dies on or after the 
     date of the enactment of this Act.

     SEC. 213. REPORT ON COMPENSATION OF VETERANS FOR LOSS OF 
                   EARNING CAPACITY AND QUALITY OF LIFE AND ON 
                   LONG-TERM TRANSITION PAYMENTS TO VETERANS 
                   UNDERGOING REHABILITATION FOR SERVICE-CONNECTED 
                   DISABILITIES.

       (a) Report Required.--Not later than 210 days after the 
     date of the enactment of this Act, the Secretary of Veterans 
     Affairs shall submit to Congress a report on the findings of 
     the Secretary as a result of the following studies:
       (1) The most recent study of the Secretary on the 
     appropriate levels of disability compensation to be paid to 
     veterans to compensate for loss of earning capacity and 
     quality of life as a result of service-related disabilities.
       (2) The most recent study of the Secretary on the 
     feasability and appropriate level of long-term transition 
     payments to veterans who are separated from the Armed Forces 
     due to disability while such veterans are undergoing 
     rehabilitation for such disability.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A comprehensive description of the findings and 
     recommendations of the Secretary as a result of the studies 
     described in subsection (a).
       (2) A description of the actions proposed to be taken by 
     the Secretary in light of such findings and recommendations, 
     including a description of any modification of the schedule 
     for rating disabilities of veterans under section 1155 of 
     title 38, United States Code, proposed to be undertaken by 
     the Secretary and of any other modification of policy or 
     regulations proposed to be undertaken by the Secretary.
       (3) For each action proposed to be taken as described in 
     paragraph (2), a proposed schedule for the taking of such 
     action, including a schedule for the commencement and 
     completion of such action.
       (4) A description of any legislative action required in 
     order to authorize, facilitate, or enhance the taking of any 
     action proposed to be taken as described in paragraph (2).

     SEC. 214. ADVISORY COMMITTEE ON DISABILITY COMPENSATION.

       (a) In General.--Subchapter III of chapter 5 is amended by 
     adding at the end the following new section:

     ``Sec. 546. Advisory Committee on Disability Compensation

       ``(a) Establishment.--(1) There is in the Department the 
     Advisory Committee on Disability Compensation (in this 
     section referred to as the `Committee').
       ``(2) The Committee shall consist of not more than 18 
     members appointed by the Secretary from among individuals 
     who--
       ``(A) have experience with the provision of disability 
     compensation by the Department; or
       ``(B) are leading medical or scientific experts in relevant 
     fields.
       ``(3)(A) Except as provided in subparagraph (B), the 
     Secretary shall determine the terms of service and pay and 
     allowances of the members of the Committee.
       ``(B) A term of service may not exceed four years and shall 
     be staggered to ensure that the dates for the termination of 
     the members' terms are not all the same.
       ``(C) The Secretary may reappoint any member for one or 
     more additional terms of service.
       ``(4) The Secretary shall select a Chair from among the 
     members of the Committee.

[[Page H9390]]

       ``(b) Responsibilities of Committee.--(1) The Secretary 
     shall, on a regular basis, consult with and seek the advice 
     of the Committee with respect to the maintenance and periodic 
     readjustment of the schedule for rating disabilities under 
     section 1155 of this title.
       ``(2)(A) In providing advice to the Secretary under this 
     subsection, the Committee shall--
       ``(i) assemble and review relevant information relating to 
     the needs of veterans with disabilities;
       ``(ii) provide information relating to the nature and 
     character of disabilities arising from service in the Armed 
     Forces;
       ``(iii) provide an on-going assessment of the effectiveness 
     of the schedule for rating disabilities; and
       ``(iv) provide on-going advice on the most appropriate 
     means of responding to the needs of veterans relating to 
     disability compensation in the future.
       ``(B) In carrying out its duties under subparagraph (A), 
     the Committee shall take into special account the needs of 
     veterans who have served in a theater of combat operations.
       ``(c) Resources.--The Secretary shall ensure that 
     appropriate personnel, funding, and other resources are 
     provided to the Committee to carry out its responsibilities.
       ``(d) Biennial Reports to the Secretary.--(1) Not later 
     than October 31, 2010, and not less frequently than every two 
     years thereafter, the Committee shall submit to the Secretary 
     a report on the programs and activities of the Department 
     that relate to the payment of disability compensation. Each 
     such report shall include--
       ``(A) an assessment of the needs of veterans with respect 
     to disability compensation; and
       ``(B) such recommendations (including recommendations for 
     administrative or legislative action) as the Committee 
     considers appropriate.
       ``(2) The Committee may submit to the Secretary such other 
     reports and recommendations as the Committee considers 
     appropriate.
       ``(e) Biennial Reports to Congress.--(1) Not later than 90 
     days after the receipt of a report required under subsection 
     (d)(1), the Secretary shall transmit to the Committee on 
     Veterans' Affairs of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives a copy of 
     such report, together with such comments and recommendations 
     concerning such report as the Secretary considers 
     appropriate.
       ``(2) The Secretary shall submit with each report required 
     under paragraph (1) a summary of all reports and 
     recommendations of the Committee submitted to the Secretary 
     under subsection (d)(2) since the previous report transmitted 
     by the Secretary under paragraph (1) of this subsection.
       ``(f) Applicability of Federal Advisory Committee Act.--(1) 
     Except as provided in paragraph (2), the provisions of the 
     Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 
     the activities of the Committee under this section.
       ``(2) Section 14 of such Act shall not apply to the 
     Committee.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end of 
     the items relating to subchapter III the following new item:

``546. Advisory Committee on Disability Compensation.''.

             Subtitle B--Assistance and Processing Matters

     SEC. 221. PILOT PROGRAMS ON EXPEDITED TREATMENT OF FULLY 
                   DEVELOPED CLAIMS AND PROVISION OF CHECKLISTS TO 
                   INDIVIDUALS SUBMITTING CLAIMS.

       (a) Pilot Program on Expedited Treatment of Fully Developed 
     Claims.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     carry out a pilot program to assess the feasibility and 
     advisability of providing expeditious treatment of fully 
     developed compensation or pension claims to ensure that such 
     claims are adjudicated not later than 90 days after the date 
     on which such claim is submitted as fully developed.
       (2) Duration of pilot program.--The pilot program under 
     this subsection shall be carried out during the one-year 
     period beginning on the date that is 60 days after the date 
     of the enactment of this Act.
       (3) Program locations.--The pilot program under this 
     subsection shall be carried out at 10 regional offices of the 
     Department of Veterans Affairs selected by the Secretary for 
     purposes of such pilot program.
       (4) Fully developed claim defined.--For purposes of this 
     subsection, the term ``fully developed claim'' means a claim 
     for a benefit under a law administered by the Secretary--
       (A) for which the claimant--
       (i) received assistance from a veterans service officer, a 
     State or country veterans service officer, an agent, or an 
     attorney; or
       (ii) submits along with the claim an appropriate indication 
     that the claimant does not intend to submit any additional 
     information or evidence in support of the claim and does not 
     require additional assistance with respect to the claim; and
       (B) for which the claimant--
       (i) submits a certification in writing that is signed and 
     dated by the claimant stating that, as of such date, no 
     additional information or evidence is available or needs to 
     be submitted in order for the claim to be adjudicated; and
       (ii) for which the claimant's representative, if any, 
     submits a certification in writing that is signed and dated 
     by the representative stating that, as of such date, no 
     additional information or evidence is available or needs to 
     be submitted in order for the claim to be adjudicated.
       (b) Pilot Program on Provision of Checklists to Individuals 
     Submitting Claims.--
       (1) In general.--The Secretary shall carry out a pilot 
     program to assess the feasibility and advisability of 
     providing to a claimant for whom the Secretary is required 
     under section 5103(a) of title 38, United States Code, to 
     provide notice of required information and evidence to such 
     claimant and such claimant's representative, if any, a 
     checklist that includes information or evidence required to 
     be submitted by the claimant to substantiate the claim.
       (2) Duration of pilot program.--The pilot program under 
     this subsection shall be carried out--
       (A) for original claims filed after the date of the 
     enactment of this Act, during the one-year period beginning 
     on the date that is 60 days after the date of the enactment 
     of this Act; and
       (B) for claims to reopen and for claims for increased 
     ratings that were filed after the date of the enactment of 
     this Act, during the three-year period beginning on the date 
     that is 60 days after the date of the enactment of this Act.
       (3) Program locations.--The pilot program under this 
     subsection shall be carried out at four regional offices of 
     the Department selected by the Secretary for purposes of such 
     pilot program.
       (4) Construction.--A checklist provided under the pilot 
     program under this subsection--
       (A) shall be construed to be an addendum to a notice 
     provided under section 5103(a) of title 38, United Sates 
     Code; and
       (B) shall not be considered as part of such notice for 
     purposes of reversal or remand of a decision of the 
     Secretary.
       (c) Reports.--
       (1) First initial report.--Not later than 335 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit to Congress a report on the pilot program under 
     subsection (a) and the pilot program under subsection (b) 
     with respect to claims described in subsection (b)(2)(A).
       (2) Second interim report.--Not later than 1,065 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit to Congress a report on the pilot program under 
     subsection (b) with respect to claims described in subsection 
     (b)(2)(B).
       (3) Elements of interim reports.--The reports required by 
     paragraphs (1) and (2) shall include the following:
       (A) Data concerning the number and type of claims covered 
     by the respective pilot program.
       (B) The findings of the Secretary with respect to the 
     respective pilot program.
       (C) The recommendations of the Secretary on the feasibility 
     and advisability of continuing or expanding the respective 
     pilot program and any necessary modifications to such pilot 
     program for continuation or expansion.
       (D) Such other information as the Secretary considers 
     appropriate.
       (4) Final report.--Not later than 180 days after the 
     completion of each pilot program carried out under this 
     section, the Secretary shall submit to Congress a final 
     report on the feasibility and advisability of continuing or 
     expanding the respective pilot program.

     SEC. 222. OFFICE OF SURVIVORS ASSISTANCE.

       (a) In General.--Chapter 3 is amended by adding at the end 
     the following new section:

     ``Sec. 321. Office of Survivors Assistance

       ``(a) Establishment.--The Secretary shall establish in the 
     Department an Office of Survivors Assistance (in this section 
     referred to as the `Office') to serve as a resource regarding 
     all benefits and services furnished by the Department--
       ``(1) to survivors and dependents of deceased veterans; and
       ``(2) to survivors and dependents of deceased members of 
     the Armed Forces.
       ``(b) Advisory Duties.--The Office shall serve as a primary 
     advisor to the Secretary on all matters related to the 
     policies, programs, legislative issues, and other initiatives 
     affecting the survivors and dependents described in 
     subsection (a).
       ``(c) Guidance From Stakeholders.--In establishing the 
     Office, the Secretary shall seek guidance from interested 
     stakeholders.
       ``(d) Resources.--The Secretary shall ensure that 
     appropriate personnel, funding, and other resources are 
     provided to the Office to carry out its responsibilities.
       ``(e) Inclusion of Information on Office in Annual Report 
     on Department Activities.--The Secretary shall include in 
     each annual Performance and Accountability report submitted 
     by the Secretary to Congress a description of the activities 
     of the Office during the fiscal year covered by such 
     report.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``321. Office of Survivors Assistance.''.


[[Page H9391]]



     SEC. 223. COMPTROLLER GENERAL REPORT ON ADEQUACY OF 
                   DEPENDENCY AND INDEMNITY COMPENSATION TO 
                   MAINTAIN SURVIVORS OF VETERANS WHO DIE FROM 
                   SERVICE-CONNECTED DISABILITIES.

       (a) Report Required.--Not later than 10 months after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the Committees on Veterans' 
     Affairs and Appropriations of the Senate and the Committees 
     on Veterans' Affairs and Appropriations of the House of 
     Representatives a report on the adequacy of dependency and 
     indemnity compensation payable under chapter 13 of title 38, 
     United States Code, to surviving spouses and dependents of 
     veterans who die as a result of a service-connected 
     disability in replacing the deceased veteran's income.
       (b) Elements.--The report required by subsection (a) shall 
     include--
       (1) a description of the current system for the payment of 
     dependency and indemnity compensation to surviving spouses 
     and dependents described in subsection (a), including a 
     statement of the rates of such compensation so payable;
       (2) an assessment of the adequacy of such payments in 
     replacing the deceased veteran's income; and
       (3) such recommendations as the Comptroller General 
     considers appropriate in order to improve or enhance the 
     effects of such payments in replacing the deceased veteran's 
     income.

     SEC. 224. INDEPENDENT ASSESSMENT OF QUALITY ASSURANCE 
                   PROGRAM.

       (a) In General.--Section 7731 is amended by adding at the 
     end the following new subsection:
       ``(c)(1) The Secretary shall enter into a contract with an 
     independent third-party entity to conduct, during the three-
     year period beginning on the date of the enactment of the 
     Veterans' Benefits Improvement Act of 2008, an assessment of 
     the quality assurance program carried out under subsection 
     (a).
       ``(2) The assessment conducted under paragraph (1) shall 
     evaluate the following:
       ``(A) The quality and accuracy of the work of employees of 
     the Veterans Benefits Administration, using a statistically 
     valid sample of such employees and a statistically valid 
     sample of such work.
       ``(B) The performance of each regional office of the 
     Veterans Benefits Administration.
       ``(C) The accuracy of the disability ratings assigned under 
     the schedule for rating disabilities under section 1155 of 
     this title.
       ``(D) The consistency of disability ratings among regional 
     offices of the Veterans Benefits Administration, based on a 
     sample of specific disabilities.
       ``(E) The performance of employees and managers of the 
     Veterans Benefits Administration.
       ``(3) The Secretary shall develop a mechanism for the 
     automated gathering and producing of data that can be used to 
     monitor and assess trends relating to the items described in 
     paragraph (2).
       ``(4)(A) Beginning on the date that is six months after the 
     date of the enactment of the Veterans' Benefits Improvement 
     Act of 2008, the Secretary shall--
       ``(i) for each claim for disability compensation under laws 
     administered by the Secretary submitted to the Secretary on 
     or after such date, retain, monitor, and store in an 
     accessible format the data described in subparagraph (B); and
       ``(ii) develop a demographic baseline for the data 
     retained, monitored, and stored under subparagraph (A).
       ``(B) The data described in this subparagraph includes the 
     following:
       ``(i) For each claim for disability compensation under laws 
     administered by the Secretary submitted by a claimant--
       ``(I) the State in which the claimant resided when the 
     claim was submitted;
       ``(II) the decision of the Secretary with respect to the 
     claim and each issue claimed; and
       ``(III) the regional office and individual employee of the 
     Department responsible for rating the claim.
       ``(ii) The State in which the claimant currently resides.
       ``(iii) Such other data as the Secretary determines is 
     appropriate for monitoring the accuracy and consistency of 
     decisions with respect to such claims.
       ``(5) Nothing in this subsection shall be construed to 
     require the Secretary to replace the quality assurance 
     program under subsection (a) that was in effect on the day 
     before the date of the enactment of this subsection.''.
       (b) Report to Congress.--Not later than the end of the 
     three-year period beginning on the date of the enactment of 
     this Act, the Secretary of Veterans Affairs shall submit to 
     Congress a report containing the results and findings of the 
     independent third-party entity described in section 
     7731(c)(1) of title 38, United States Code, as added by 
     subsection (a), with respect to the assessment conducted 
     under such section 7731(c)(1).

     SEC. 225. CERTIFICATION AND TRAINING OF EMPLOYEES OF THE 
                   VETERANS BENEFITS ADMINISTRATION RESPONSIBLE 
                   FOR PROCESSING CLAIMS.

       (a) Employee Certification Required.--
       (1) In general.--Subchapter II of chapter 77 is amended by 
     inserting after section 7732 the following new section:

     ``Sec. 7732A. Employee certification

       ``(a) Development of Certification Examination.--(1) The 
     Secretary shall provide for an examination of appropriate 
     employees and managers of the Veterans Benefits 
     Administration who are responsible for processing claims for 
     compensation and pension benefits under the laws administered 
     by the Secretary.
       ``(2) In developing the examination required by paragraph 
     (1), the Secretary shall--
       ``(A) consult with appropriate individuals or entities, 
     including examination development experts, interested 
     stakeholders, and employee representatives; and
       ``(B) consider the data gathered and produced under section 
     7731(c)(3) of this title.
       ``(b) Employee and Manager Requirement.--The Secretary 
     shall require appropriate employees and managers of the 
     Veterans Benefits Administration who are responsible for 
     processing claims for compensation and pension benefits under 
     the laws administered by the Secretary to take the 
     examination provided under subsection (a).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter 77 is amended by inserting after 
     the item relating to section 7732 the following new item:

``7732A. Employee certification.''.

       (3) Deadlines for implementation.--The Secretary of 
     Veterans Affairs shall--
       (A) develop an updated certification examination required 
     under section 7732A of title 38, United States Code, as added 
     by subsection (a), not later than one year after the date of 
     the enactment of this Act; and
       (B) begin administering such certification examination 
     required under such section not later than 90 days after the 
     date on which the development of such certification 
     examination is complete.
       (b) Evaluation of Training.--Not later than one year after 
     the date of the enactment of this Act, the Comptroller 
     General of the United States shall--
       (1) evaluate the training programs administered for 
     employees of the Veterans Benefits Administration of the 
     Department of Veterans Affairs; and
       (2) submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the findings of the Comptroller 
     General with respect to the evaluation described in paragraph 
     (1).

     SEC. 226. STUDY OF PERFORMANCE MEASURES FOR CLAIMS 
                   ADJUDICATIONS OF THE VETERANS BENEFITS 
                   ADMINISTRATION.

       (a) Study of Work Credit System and Work Management System 
     Required.--The Secretary of Veterans Affairs shall conduct a 
     study on the effectiveness of the current employee work 
     credit system and work management system of the Veterans 
     Benefits Administration of the Department of Veterans 
     Affairs, which is used--
       (1) to measure and manage the work production of employees 
     of the Veterans Benefits Administration who handle claims for 
     compensation and pension benefits; and
       (2) to evaluate more effective means of improving 
     performance.
       (b) Contents of Study.--In carrying out the study under 
     subsection (a), the Secretary shall consider--
       (1) measures to improve the accountability, quality, and 
     accuracy for processing claims for compensation and pension 
     benefits under laws administered by the Secretary that are 
     adjudicated by the Veterans Benefits Administration;
       (2) accountability for claims adjudication outcomes;
       (3) the quality of claims adjudicated;
       (4) a simplified process to adjudicate claims;
       (5) the maximum use of information technology applications;
       (6) rules-based applications and tools for processing and 
     adjudicating claims efficiently and effectively;
       (7) methods of reducing the time required to obtain 
     information from outside sources; and
       (8) the elements needed to implement--
       (A) performance standards and accountability measures, 
     intended to ensure that--
       (i) claims for benefits under the laws administered by the 
     Secretary are processed in an objective, accurate, 
     consistent, and efficient manner; and
       (ii) final decisions with respect to such claims are 
     consistent and issued within the target identified in the 
     most recent annual Performance and Accountability report 
     submitted by the Secretary to Congress for the most recent 
     fiscal year;
       (B) guidelines and procedures for the identification and 
     prompt processing of such claims that are ready to rate upon 
     submittal;
       (C) guidelines and procedures for the identification and 
     prompt processing of such claims submitted by severely 
     injured and very severely injured veterans, as determined by 
     the Secretary; and
       (D) requirements for assessments of claims processing at 
     each regional office for the purpose of producing lessons 
     learned and best practices.
       (c) Report to Congress.--Not later than October 31, 2009, 
     the Secretary shall submit to Congress a report on--
       (1) the study conducted under subsection (a); and
       (2) the components required to implement the updated system 
     for evaluating employees of the Veterans Benefits 
     Administration required under subsection (d).
       (d) Evaluation of Certain Veterans Benefits Administration 
     Employees Responsible for Processing Claims for Compensation 
     and Pension Benefits.--Not later than

[[Page H9392]]

     210 days after the date on which the Secretary submits to 
     Congress the report required under subsection (c), the 
     Secretary shall establish an updated system for evaluating 
     the performance and accountability of employees of the 
     Veterans Benefits Administration who are responsible for 
     processing claims for compensation or pension benefits. Such 
     system shall be based on the findings of the study conducted 
     by the Secretary under subsection (a).

     SEC. 227. REVIEW AND ENHANCEMENT OF USE OF INFORMATION 
                   TECHNOLOGY IN VETERANS BENEFITS ADMINISTRATION.

       (a) Review and Comprehensive Plan.--Not later than one year 
     after the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall--
       (1) conduct a review of the use of information technology 
     in the Veterans Benefits Administration with respect to the 
     processing of claims for compensation and pension benefits; 
     and
       (2) develop a comprehensive plan for the use of such 
     technology in processing such claims so as to reduce 
     subjectivity, avoidable remands, and regional office 
     variances in disability ratings for specific disabilities.
       (b) Information Technology.--The plan developed under 
     subsection (a)(2) shall include the following:
       (1) The use of rules-based processing or information 
     technology systems utilizing automated decision support 
     software at all levels of processing such claims.
       (2) The enhancement of the use of information technology 
     for all aspects of the claims process.
       (3) Development of a technological platform that--
       (A) allows for the use of information that members of the 
     Armed Forces, veterans, and dependents have submitted 
     electronically, including uploaded military records, medical 
     evidence, and other appropriate documentation; and
       (B) to the extent practicable--
       (i) provides the capability to such members, veterans, and 
     dependents to view applications for benefits submitted 
     online; and
       (ii) complies with the provisions of subchapter III of 
     chapter 35 of title 44, United States Code, section 552a of 
     title 5, United States Code, and other relevant security 
     policies and guidelines.
       (4) The use of electronic examination templates in 
     conjunction with the schedule for rating disabilities under 
     section 1155 of title 38, United States Code.
       (5) Such changes as may be required to the electronic 
     health record system of the Department of Veterans Affairs 
     and the Department of Defense to ensure that Veterans 
     Benefits Administration claims examiners can access the 
     available electronic medical information of the Department of 
     Veterans Affairs and the Department of Defense.
       (6) The provision of bi-directional access to medical 
     records and service records between the Department of 
     Veterans Affairs and the Department of Defense.
       (7) The availability, on a secure Internet website of the 
     Department of Veterans Affairs, of a portal that can be used 
     by a claimant to check on the status of any claim submitted 
     by that claimant and that provides information, if 
     applicable, on--
       (A) whether a decision has been reached with respect to 
     such a claim and notice of the decision; or
       (B) if no such decision has been reached, notice of--
       (i) whether the application submitted by the claimant is 
     complete;
       (ii) whether the Secretary requires additional information 
     or evidence to substantiate the claim;
       (iii) the estimated date on which a decision with respect 
     to the claim is expected to be made; and
       (iv) the stage at which the claim is being processed as of 
     the date on which such status is checked.
       (c) Review of Best Practices and Lessons Learned.--In 
     carrying out this section, the Secretary shall review--
       (1) best practices and lessons learned within the 
     Department of Veterans Affairs; and
       (2) the use of the technology known as ``VistA'' by other 
     Government entities and private sector organizations who 
     employ information technology and automated decision support 
     software.
       (d) Reduction of Claims Processing Time.--In carrying out 
     this section, the Secretary shall ensure that a plan is 
     developed that, not later than three years after 
     implementation, includes information technology to the extent 
     possible to reduce the processing time for each compensation 
     and pension claim processed by the Veterans Benefits 
     Administration. The performance for claims processing under 
     this plan shall be adjusted for changes to the numbers of 
     claims filed in a given period, the complexity of those 
     claims, and any changes to the basic claims processing rules 
     which occur during the assessment period.
       (e) Consultation.--In carrying out this section, the 
     Secretary of Veterans Affairs shall consult with information 
     technology designers at the Veterans Benefits Administration, 
     the Veterans Health Administration, VistA managers, the 
     Secretary of Defense, appropriate officials of other 
     Government agencies, appropriate individuals in the private 
     and public sectors, veterans service organizations, and other 
     relevant service organizations.
       (f) Report to Congress.--Not later than April 1, 2010, the 
     Secretary shall submit to Congress a report on the review and 
     comprehensive plan required under this section.

     SEC. 228. STUDY AND REPORT ON IMPROVING ACCESS TO MEDICAL 
                   ADVICE.

       (a) Study.--The Secretary of Veterans Affairs shall conduct 
     a study--
       (1) to assess the feasibility and advisability of various 
     mechanisms to improve communication between the Veterans 
     Benefits Administration and the Veterans Health 
     Administration to provide Veterans Benefits Administration 
     employees with access to medical advice from the Veterans 
     Health Administration when needed by such employees to carry 
     out their duties; and
       (2) to evaluate whether additional medical professionals 
     are necessary to provide the access described in paragraph 
     (1).
       (b) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to Congress a report on the study conducted under subsection 
     (a).

                 TITLE III--LABOR AND EDUCATION MATTERS

                Subtitle A--Labor and Employment Matters

     SEC. 311. REFORM OF USERRA COMPLAINT PROCESS.

       (a) Notification of Rights With Respect to Complaints.--
     Subsection (c) of section 4322 is amended to read as follows:
       ``(c)(1) Not later than five days after the Secretary 
     receives a complaint submitted by a person under subsection 
     (a), the Secretary shall notify such person in writing of his 
     or her rights with respect to such complaint under this 
     section and section 4323 or 4324, as the case may be.
       ``(2) The Secretary shall, upon request, provide technical 
     assistance to a potential claimant with respect to a 
     complaint under this subsection, and when appropriate, to 
     such claimant's employer.''.
       (b) Notification of Results of Investigation in Writing.--
     Subsection (e) of such section is amended by inserting ``in 
     writing'' after ``submitted the complaint''.
       (c) Expedition of Attempts To Investigate and Resolve 
     Complaints.--Section 4322 is further amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Any action required by subsections (d) and (e) with 
     respect to a complaint submitted by a person to the Secretary 
     under subsection (a) shall be completed by the Secretary not 
     later than 90 days after receipt of such complaint.''.
       (d) Expedition of Referrals.--
       (1) Expedition of referrals to attorney general.--Section 
     4323(a)(1) is amended by inserting ``Not later than 60 days 
     after the Secretary receives such a request with respect to a 
     complaint, the Secretary shall refer the complaint to the 
     Attorney General.'' after ``to the Attorney General.''.
       (2) Expedition of referrals to special counsel.--Section 
     4324(a)(1) is amended by striking ``The Secretary shall 
     refer'' and inserting ``Not later than 60 days after the date 
     the Secretary receives such a request, the Secretary shall 
     refer''.
       (e) Notification of Representation.--
       (1) Notification by attorney general.--Section 4323(a) is 
     further amended--
       (A) by redesignating paragraph (2) as paragraph (3); and
       (B) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Not later than 60 days after the date the Attorney 
     General receives a referral under paragraph (1), the Attorney 
     General shall--
       ``(A) make a decision whether to appear on behalf of, and 
     act as attorney for, the person on whose behalf the complaint 
     is submitted; and
       ``(B) notify such person in writing of such decision.''.
       (2) Notification by special counsel.--Subparagraph (B) of 
     section 4324(a)(2) is amended to read as follows:
       ``(B) Not later than 60 days after the date the Special 
     Counsel receives a referral under paragraph (1), the Special 
     Counsel shall--
       ``(i) make a decision whether to represent a person before 
     the Merit Systems Protection Board under subparagraph (A); 
     and
       ``(ii) notify such person in writing of such decision.''.
       (f) Deadlines, Statutes of Limitations, and Related 
     Matters.--
       (1) In general.--Subchapter III of chapter 43 is amended by 
     adding at the end the following new section:

     ``Sec. 4327. Noncompliance of Federal officials with 
       deadlines; inapplicability of statutes of limitations

       ``(a) Effect of Noncompliance of Federal Officials With 
     Deadlines.--(1) The inability of the Secretary, the Attorney 
     General, or the Special Counsel to comply with a deadline 
     applicable to such official under section 4322, 4323, or 4324 
     of this title--
       ``(A) shall not affect the authority of the Attorney 
     General or the Special Counsel to represent and file an 
     action or submit a complaint on behalf of a person under 
     section 4323 or 4324 of this title;
       ``(B) shall not affect the right of a person--
       ``(i) to commence an action under section 4323 of this 
     title;
       ``(ii) to submit a complaint under section 4324 of this 
     title; or
       ``(iii) to obtain any type of assistance or relief 
     authorized by this chapter;
       ``(C) shall not deprive a Federal court, the Merit Systems 
     Protection Board, or a State

[[Page H9393]]

     court of jurisdiction over an action or complaint filed by 
     the Attorney General, the Special Counsel, or a person under 
     section 4323 or 4324 of this title; and
       ``(D) shall not constitute a defense, including a statute 
     of limitations period, that any employer (including a State, 
     a private employer, or a Federal executive agency) or the 
     Office of Personnel Management may raise in an action filed 
     by the Attorney General, the Special Counsel, or a person 
     under section 4323 or 4324 of this title.
       ``(2) If the Secretary, the Attorney General, or the 
     Special Counsel is unable to meet a deadline applicable to 
     such official in section 4322(f), 4323(a)(1), 4323(a)(2), 
     4324(a)(1), or 4324(a)(2)(B) of this title, and the person 
     agrees to an extension of time, the Secretary, the Attorney 
     General, or the Special Counsel, as the case may be, shall 
     complete the required action within the additional period of 
     time agreed to by the person.
       ``(b) Inapplicability of Statutes of Limitations.--If any 
     person seeks to file a complaint or claim with the Secretary, 
     the Merit Systems Protection Board, or a Federal or State 
     court under this chapter alleging a violation of this 
     chapter, there shall be no limit on the period for filing the 
     complaint or claim.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 43 is amended by inserting after the 
     item relating to section 4326 the following new item:

``4327. Noncompliance of Federal officials with deadlines; 
              inapplicability of statutes of limitations.''.

       (3) Conforming amendment.--Section 4323 is further 
     amended--
       (A) by striking subsection (i); and
       (B) by redesignating subsection (j) as subsection (i).

     SEC. 312. MODIFICATION AND EXPANSION OF REPORTING 
                   REQUIREMENTS WITH RESPECT TO ENFORCEMENT OF 
                   USERRA.

       (a) Date of Annual Reports.--Section 4332 is amended by 
     striking ``and no later than February 1, 2005'' and all that 
     follows through the ``such February 1:'' and inserting ``, 
     transmit to Congress not later than July 1 each year a report 
     on matters for the fiscal year ending in the year before the 
     year in which such report is transmitted as follows:''.
       (b) Modification of Annual Reports by Secretary.--Such 
     section is further amended--
       (1) by striking ``The Secretary shall'' and inserting ``(a) 
     Annual Report by Secretary.--The Secretary shall'';
       (2) in paragraph (3), by inserting before the period at the 
     end the following: ``and the number of actions initiated by 
     the Office of Special Counsel before the Merit Systems 
     Protection Board pursuant to section 4324 during such fiscal 
     year'';
       (3) by redesignating paragraphs (6) and (7) as paragraphs 
     (9) and (10), respectively;
       (4) by inserting after paragraph (5) the following new 
     paragraph (8):
       ``(8) With respect to the cases reported on pursuant to 
     paragraphs (1), (2), (3), (4), and (5) the number of such 
     cases that involve persons with different occupations or 
     persons seeking different occupations, as designated by the 
     Standard Occupational Classification System.''.
       (5) by redesignating paragraph (5) as paragraph (7);
       (6) by inserting after paragraph (4) the following new 
     paragraphs (5) and (6):
       ``(5) The number of cases reviewed by the Secretary and the 
     Secretary of Defense through the National Committee for 
     Employer Support of the Guard and Reserve of the Department 
     of Defense that involve the same person.
       ``(6) With respect to the cases reported on pursuant to 
     paragraphs (1), (2), (3), (4), and (5)--
       ``(A) the number of such cases that involve a disability-
     related issue; and
       ``(B) the number of such cases that involve a person who 
     has a service-connected disability.''; and
       (7) in paragraph (7), as redesignated by paragraph (5) of 
     this subsection, by striking ``or (4)'' and inserting ``(4), 
     or (5)''.
       (c) Additional Reports.--Such section is further amended by 
     adding at the end the following new subsection:
       ``(b) Quarterly Reports.--
       ``(1) Quarterly report by secretary.--Not later than 30 
     days after the end of each fiscal quarter, the Secretary 
     shall submit to Congress, the Secretary of Defense, the 
     Attorney General, and the Special Counsel a report setting 
     forth, for the previous full quarter, the following:
       ``(A) The number of cases for which the Secretary did not 
     meet the requirements of section 4322(f) of this title.
       ``(B) The number of cases for which the Secretary received 
     a request for a referral under paragraph (1) of section 
     4323(a) of this title but did not make such referral within 
     the time period required by such paragraph.
       ``(2) Quarterly report by attorney general.--Not later than 
     30 days after the end of each fiscal quarter, the Attorney 
     General shall submit to Congress, the Secretary, the 
     Secretary of Defense, and the Special Counsel a report 
     setting forth, for the previous full quarter, the number of 
     cases for which the Attorney General received a referral 
     under paragraph (1) of section 4323(a) of this title but did 
     not meet the requirements of paragraph (2) of section 4323(a) 
     of this title for such referral.
       ``(3) Quarterly report by special counsel.--Not later than 
     30 days after the end of each fiscal quarter, the Special 
     Counsel shall submit to Congress, the Secretary, the 
     Secretary of Defense, and the Attorney General a report 
     setting forth, for the previous full quarter, the number of 
     cases for which the Special Counsel received a referral under 
     paragraph (1) of section 4324(a) of this title but did not 
     meet the requirements of paragraph (2)(B) of section 4324(a) 
     of this title for such referral.''.
       (d) Uniform Categorization of Data.--Such section is 
     further amended by adding at the end the following new 
     subsection:
       ``(c) Uniform Categorization of Data.--The Secretary shall 
     coordinate with the Secretary of Defense, the Attorney 
     General, and the Special Counsel to ensure that--
       ``(1) the information in the reports required by this 
     section is categorized in a uniform way; and
       ``(2) the Secretary, the Secretary of Defense, the Attorney 
     General, and the Special Counsel each have electronic access 
     to the case files reviewed under this chapter by the 
     Secretary, the Secretary of Defense, the Attorney General, 
     and the Special Counsel with due regard for the provisions of 
     section 552a of title 5.''.
       (e) Comptroller General Report.--Not later than two years 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall submit to Congress a 
     report that contains the following:
       (1) An assessment of the reliability of the data contained 
     in the reports submitted under subsection (b) of section 4332 
     of title 38, United States Code (as amended by subsection (c) 
     of this section), as of the date of such report.
       (2) An assessment of the timeliness of the reports 
     submitted under subsection (b) of section 4332 of title 38, 
     United States Code (as so amended), as of such date.
       (3) The extent to which the Secretary of Labor is meeting 
     the timeliness requirements of subsections (c)(1) and (f) of 
     section 4322 of title 38, United States Code (as amended by 
     section 311 of this Act), and section 4323(a)(1) of title 38, 
     United States Code (as so amended), as of the date of such 
     report.
       (4) The extent to which the Attorney General is meeting the 
     timeliness requirements of section 4323(a)(2) of title 38, 
     United States Code (as amended by section 311 of this Act), 
     as of the date of such report.
       (5) The extent to which the Special Counsel is meeting the 
     timeliness requirements of section 4324(a)(2)(B) of title 38, 
     United States Code (as amended by section 311 of this Act), 
     as of the date of such report.
       (f) Effective Date.--The amendments made by this section 
     shall apply with respect to each report required under 
     section 4332 of title 38, United States Code (as amended by 
     this section), after the date of the enactment of this Act.

     SEC. 313. TRAINING FOR EXECUTIVE BRANCH HUMAN RESOURCES 
                   PERSONNEL ON EMPLOYMENT AND REEMPLOYMENT RIGHTS 
                   OF MEMBERS OF THE UNIFORMED SERVICES.

       (a) Training Required.--Subchapter IV of chapter 43 is 
     amended by adding at the end the following new section:

     ``Sec. 4335. Training for Federal executive agency human 
       resources personnel on employment and reemployment rights 
       and limitations

       ``(a) Training Required.--The head of each Federal 
     executive agency shall provide training for the human 
     resources personnel of such agency on the following:
       ``(1) The rights, benefits, and obligations of members of 
     the uniformed services under this chapter.
       ``(2) The application and administration of the 
     requirements of this chapter by such agency with respect to 
     such members.
       ``(b) Consultation.--The training provided under subsection 
     (a) shall be developed and provided in consultation with the 
     Director of the Office of Personnel Management.
       ``(c) Frequency.--The training under subsection (a) shall 
     be provided with such frequency as the Director of the Office 
     of Personnel Management shall specify in order to ensure that 
     the human resources personnel of Federal executive agencies 
     are kept fully and currently informed of the matters covered 
     by the training.
       ``(d) Human Resources Personnel Defined.--In this section, 
     the term `human resources personnel', in the case of a 
     Federal executive agency, means any personnel of the agency 
     who are authorized to recommend, take, or approve any 
     personnel action that is subject to the requirements of this 
     chapter with respect to employees of the agency.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 43 is amended by adding at the end the 
     following new item:

``4335. Training for Federal executive agency human resources personnel 
              on employment and reemployment rights and limitations.''.

     SEC. 314. REPORT ON THE EMPLOYMENT NEEDS OF NATIVE AMERICAN 
                   VETERANS LIVING ON TRIBAL LANDS.

       (a) Report.--Not later than December 1, 2009, the Secretary 
     of Labor shall, in consultation with the Secretary of 
     Veterans Affairs and the Secretary of the Interior, submit to 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report assessing the employment needs of 
     Native American (American Indian, Alaska Native, Native 
     Hawaiian, and Pacific Islander)

[[Page H9394]]

     veterans living on tribal lands, including Indian 
     reservations, Alaska Native villages, and Hawaiian Home 
     Lands. The report shall include--
       (1) a review of current and prior government-to-government 
     relationships between tribal organizations and the Veterans' 
     Employment and Training Service of the Department of Labor; 
     and
       (2) recommendations for improving employment and job 
     training opportunities for Native American veterans on tribal 
     land, especially through the utilization of resources for 
     veterans.
       (b) Tribal Organization Defined.--In this section, the term 
     ``tribal organization'' has the meaning given such term in 
     section 3765(4) of title 38, United States Code.

     SEC. 315. EQUITY POWERS.

       Section 4323(e) of title 38, United States Code, is amended 
     by striking ``may use'' and inserting ``shall use, in any 
     case in which the court determines it is appropriate,''.

     SEC. 316. WAIVER OF RESIDENCY REQUIREMENT FOR DIRECTORS FOR 
                   VETERANS' EMPLOYMENT AND TRAINING.

       Section 4103(a)(2) is amended--
       (1) by inserting ``(A)'' after ``(2)''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) The Secretary may waive the requirement in 
     subparagraph (A) with respect to a Director for Veterans' 
     Employment and Training if the Secretary determines that the 
     waiver is in the public interest. Any such waiver shall be 
     made on a case-by-case basis.''.

     SEC. 317. MODIFICATION OF SPECIAL UNEMPLOYMENT STUDY TO COVER 
                   VETERANS OF POST 9/11 GLOBAL OPERATIONS.

       (a) Modification of Study.--Subsection (a)(1) of section 
     4110A is amended--
       (1) in the matter before subparagraph (A), by striking ``a 
     study every two years'' and inserting ``an annual study''; 
     and
       (2) by striking subparagraphs (A) through (E) and inserting 
     the following new subparagraphs:
       ``(A) Veterans who were called to active duty while members 
     of the National Guard or a Reserve Component.
       ``(B) Veterans who served in combat or in a war zone in the 
     Post 9/11 Global Operations theaters.
       ``(C) Veterans who served on active duty during the Post 9/
     11 Global Operations period who did not serve in the Post 9/
     11 Global Operations theaters.
       ``(D) Veterans of the Vietnam era who served in the Vietnam 
     theater of operations during the Vietnam era.
       ``(E) Veterans who served on active duty during the Vietnam 
     era who did not serve in the Vietnam theater of operations.
       ``(F) Veterans discharged or released from active duty 
     within four years of the applicable study.
       ``(G) Special disabled veterans.''.
       (b) Definitions.--Such section is further amended by adding 
     at the end the following new subsection:
       ``(c) In this section:
       ``(1) The term `Post 9/11 Global Operations period' means 
     the period of the Persian Gulf War beginning on September 11, 
     2001, and ending on the date thereafter prescribed by 
     Presidential proclamation or law.
       ``(2) The term `Post 9/11 Global Operations theaters' means 
     Afghanistan, Iraq, or any other theater in which the Global 
     War on Terrorism Expeditionary Medal is awarded for 
     service.''.

                     Subtitle B--Education Matters

     SEC. 321. MODIFICATION OF PERIOD OF ELIGIBILITY FOR 
                   SURVIVORS' AND DEPENDENTS' EDUCATIONAL 
                   ASSISTANCE OF CERTAIN SPOUSES OF INDIVIDUALS 
                   WITH SERVICE-CONNECTED DISABILITIES TOTAL AND 
                   PERMANENT IN NATURE.

       Section 3512(b)(1) is amended--
       (1) in subparagraph (A), by striking ``subparagraph (B) or 
     (C)'' and inserting ``subparagraph (B), (C), or (D)''; and
       (2) by adding at the end the following new subparagraph:
       ``(D) Notwithstanding subparagraph (A), an eligible person 
     referred to in that subparagraph who is made eligible under 
     section 3501(a)(1)(D)(i) of this title by reason of a 
     service-connected disability that was determined to be a 
     total disability permanent in nature not later than three 
     years after discharge from service may be afforded 
     educational assistance under this chapter during the 20-year 
     period beginning on the date the disability was so determined 
     to be a total disability permanent in nature, but only if the 
     eligible person remains the spouse of the disabled person 
     throughout the period.''.

     SEC. 322. REPEAL OF REQUIREMENT FOR REPORT TO THE SECRETARY 
                   OF VETERANS AFFAIRS ON PRIOR TRAINING.

       Section 3676(c)(4) is amended by striking ``and the 
     Secretary''.

     SEC. 323. MODIFICATION OF WAITING PERIOD BEFORE AFFIRMATION 
                   OF ENROLLMENT IN A CORRESPONDENCE COURSE.

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

     SEC. 324. CHANGE OF PROGRAMS OF EDUCATION AT THE SAME 
                   EDUCATIONAL INSTITUTION.

       Section 3691(d) is amended--
       (1) by redesignating paragraphs (1), (2), (3), and (4) as 
     subparagraphs (A), (B), (C), and (D), respectively;
       (2) by inserting ``(1)'' after ``(d)'';
       (3) in subparagraph (C) of paragraph (1), as redesignated 
     by paragraphs (1) and (2) of this section, by striking ``or'' 
     at the end;
       (4) in subparagraph (D) of paragraph (1), as so 
     redesignated, by striking the period at the end and inserting 
     ``; or''; and
       (5) by adding at the end the following:
       ``(E) the change from the program to another program is at 
     the same educational institution and such educational 
     institution determines that the new program is suitable to 
     the aptitudes, interests, and abilities of the veteran or 
     eligible person and certifies to the Secretary the enrollment 
     of the veteran or eligible person in the new program.
       ``(2) A veteran or eligible person undergoing a change from 
     one program of education to another program of education as 
     described in paragraph (1)(E) shall not be required to apply 
     to the Secretary for approval of such change.''.

     SEC. 325. REPEAL OF CERTIFICATION REQUIREMENT WITH RESPECT TO 
                   APPLICATIONS FOR APPROVAL OF SELF-EMPLOYMENT 
                   ON-JOB TRAINING.

       Section 3677(b) is amended by adding at the end the 
     following new paragraph:
       ``(3) The requirement for certification under paragraph (1) 
     shall not apply to training described in section 3452(e)(2) 
     of this title.''.

     SEC. 326. COORDINATION OF APPROVAL ACTIVITIES IN THE 
                   ADMINISTRATION OF EDUCATION BENEFITS.

       (a) Coordination.--
       (1) In general.--Section 3673 is amended--
       (A) by redesignating subsection (b) as subsection (c); and
       (B) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Coordination of Activities.--The Secretary shall take 
     appropriate actions to ensure the coordination of approval 
     activities performed by State approving agencies under this 
     chapter and chapters 34 and 35 of this title and approval 
     activities performed by the Department of Labor, the 
     Department of Education, and other entities in order to 
     reduce overlap and improve efficiency in the performance of 
     such activities.''.
       (2) Conforming and clerical amendments.--(A) The heading of 
     such section is amended to read as follows:

     ``Sec. 3673. Approval activities: cooperation and 
       coordination of activities''.

       (B) The table of sections at the beginning of chapter 36 is 
     amended by striking the item relating to section 3673 and 
     inserting the following new item:

``3673. Approval activities: cooperation and coordination of 
              activities.''.

       (3) Stylistic amendments.--Such section is further 
     amended--
       (A) in subsection (a), by inserting ``Cooperation in 
     Activities.--'' after ``(a)''; and
       (B) in subsection (c), as redesignated by paragraph (1)(A) 
     of this subsection, by inserting ``Availability of 
     Information Material.--'' after ``(c)''.
       (b) Report.--Not later than 240 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report setting forth the following:
       (1) The actions taken to establish outcome-oriented 
     performance standards for State approving agencies created or 
     designated under section 3671 of title 38, United States 
     Code, including a description of any plans for, and the 
     status of the implementation of, such standards as part of 
     the evaluations of State approving agencies required by 
     section 3674A of title 38, United States Code.
       (2) The actions taken to implement a tracking and reporting 
     system for resources expended for approval and outreach 
     activities by such agencies.
       (3) Any recommendations for legislative action that the 
     Secretary considers appropriate to achieve the complete 
     implementation of the standards described in paragraph (1).

             Subtitle C--Vocational Rehabilitation Matters

     SEC. 331. WAIVER OF 24-MONTH LIMITATION ON PROGRAM OF 
                   INDEPENDENT LIVING SERVICES AND ASSISTANCE FOR 
                   VETERANS WITH A SEVERE DISABILITY INCURRED IN 
                   THE POST-9/11 GLOBAL OPERATIONS PERIOD.

       Section 3105(d) is amended--
       (1) by striking ``Unless the Secretary'' and all that 
     follows through ``the period of a program'' and inserting 
     ``(1) Except as provided in paragraph (2), the period of a 
     program''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) The period of a program of independent living 
     services and assistance for a veteran under this chapter may 
     exceed twenty-four months as follows:
       ``(i) If the Secretary determines that a longer period is 
     necessary and likely to result in a substantial increase in 
     the veteran's level of independence in daily living.
       ``(ii) If the veteran served on active duty during the 
     Post-9/11 Global Operations period and has a severe 
     disability (as determined by the Secretary for purposes of 
     this clause) incurred or aggravated in such service.
       ``(B) In this paragraph, the term `Post-9/11 Global 
     Operations period' means the period

[[Page H9395]]

     of the Persian Gulf War beginning on September 11, 2001, and 
     ending on the date thereafter prescribed by Presidential 
     proclamation or by law.''.

     SEC. 332. INCREASE IN CAP OF NUMBER OF VETERANS PARTICIPATING 
                   IN INDEPENDENT LIVING PROGRAM.

       Section 3120(e) of title 38, United States Code, is amended 
     by striking ``2500 veterans'' and inserting ``2600 
     veterans''.

     SEC. 333. REPORT ON MEASURES TO ASSIST AND ENCOURAGE VETERANS 
                   IN COMPLETING VOCATIONAL REHABILITATION.

       (a) Study Required.--The Secretary of Veterans Affairs 
     shall conduct a study on measures to assist and encourage 
     veterans in completing their vocational rehabilitation plans. 
     The study shall include an identification of the following 
     elements, to the extent that such elements do not duplicate 
     studies conducted or reports released by the Secretary during 
     the one-year period beginning on the date of the enactment of 
     this Act:
       (1) The various factors that may prevent or preclude 
     veterans from completing their vocational rehabilitation 
     plans through the Department of Veterans Affairs or otherwise 
     achieving the vocational rehabilitation objectives of such 
     plans.
       (2) The actions to be taken by the Secretary to assist and 
     encourage veterans in overcoming the factors identified in 
     paragraph (1) and in otherwise completing their vocational 
     rehabilitation plans or achieving the vocational 
     rehabilitation objectives of such plans.
       (b) Matters To Be Examined.--In conducting the study 
     required by subsection (a), the Secretary shall examine the 
     following:
       (1) Measures utilized by public and private vocational 
     rehabilitation service providers for individuals with 
     disabilities in the United States, and in other countries, 
     that promote successful outcomes by the program participants.
       (2) Any studies or survey data available to the Secretary 
     that relates to the matters covered by the study.
       (3) The extent to which disability compensation may be used 
     as an incentive to encourage veterans to participate in and 
     complete a vocational rehabilitation plan.
       (4) The report of the Veterans' Disability Benefits 
     Commission established pursuant to section 1501 of the 
     National Defense Authorization Act of 2004 (38 U.S.C. 1101 
     note).
       (5) The report of the President's Commission on Care for 
     America's Returning Wounded Warriors.
       (6) Any other matters that the Secretary considers 
     appropriate for purposes of the study.
       (c) Considerations.--In conducting the study required by 
     subsection (a), the Secretary shall consider--
       (1) the extent to which bonus payments or other incentives 
     may be used to encourage veterans to complete their 
     vocational rehabilitation plans or otherwise achieve the 
     vocational rehabilitation objectives of such plans; and
       (2) such other matters as the Secretary considers 
     appropriate.
       (d) Consultation.--In conducting the study required by 
     subsection (a), the Secretary--
       (1) shall consult with such veterans and military service 
     organizations, and with such other public and private 
     organizations and individuals, as the Secretary considers 
     appropriate; and
       (2) may employ consultants.
       (e) Report.--Not later than 270 days after the commencement 
     of the study required by subsection (a), the Secretary shall 
     submit to the Committee on Veterans' Affairs of the Senate 
     and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the study. The report shall 
     include the following:
       (1) The findings of the Secretary under the study.
       (2) Any recommendations that the Secretary considers 
     appropriate for actions to be taken by the Secretary in light 
     of the study, including a proposal for such legislative or 
     administrative action as the Secretary considers appropriate 
     to implement the recommendations.

     SEC. 334. LONGITUDINAL STUDY OF DEPARTMENT OF VETERANS 
                   AFFAIRS VOCATIONAL REHABILITATION PROGRAMS.

       (a) Study Required.--Chapter 31 is amended by adding at the 
     end the following new section:

     ``Sec. 3122. Longitudinal study of vocational rehabilitation 
       programs

       ``(a) Study Required.--(1) Subject to the availability of 
     appropriated funds, the Secretary shall conduct a 
     longitudinal study of a statistically valid sample of each of 
     the groups of individuals described in paragraph (2). The 
     Secretary shall study each such group over a period of at 
     least 20 years.
       ``(2) The groups of individuals described in this paragraph 
     are the following:
       ``(A) Individuals who begin participating in a vocational 
     rehabilitation program under this chapter during fiscal year 
     2010.
       ``(B) Individuals who begin participating in such a program 
     during fiscal year 2012.
       ``(C) Individuals who begin participating in such a program 
     during fiscal year 2014.
       ``(b) Annual Reports.--By not later than July 1 of each 
     year covered by the study required under subsection (a), the 
     Secretary shall submit to the Committees on Veterans' Affairs 
     of the Senate and House of Representatives a report on the 
     study during the preceding year.
       ``(c) Contents of Report.--The Secretary shall include in 
     the report required under subsection (b) any data the 
     Secretary determines is necessary to determine the long-term 
     outcomes of the individuals participating in the vocational 
     rehabilitation programs under this chapter. The Secretary may 
     add data elements from time to time as necessary. In 
     addition, each such report shall contain the following 
     information:
       ``(1) The number of individuals participating in vocational 
     rehabilitation programs under this chapter who suspended 
     participation in such a program during the year covered by 
     the report.
       ``(2) The average number of months such individuals served 
     on active duty.
       ``(3) The distribution of disability ratings of such 
     individuals.
       ``(4) The types of other benefits administered by the 
     Secretary received by such individuals.
       ``(5) The types of social security benefits received by 
     such individuals.
       ``(6) Any unemployment benefits received by such 
     individuals.
       ``(7) The average number of months such individuals were 
     employed during the year covered by the report.
       ``(8) The average annual starting and ending salaries of 
     such individuals who were employed during the year covered by 
     the report.
       ``(9) The number of such individuals enrolled in an 
     institution of higher learning, as that term is defined in 
     section 3452(f) of this title.
       ``(10) The average number of academic credit hours, 
     degrees, and certificates obtained by such individuals during 
     the year covered by the report.
       ``(11) The average number of visits such individuals made 
     to Department medical facilities during the year covered by 
     the report.
       ``(12) The average number of visits such individuals made 
     to non-Department medical facilities during the year covered 
     by the report.
       ``(13) The average annual income of such individuals.
       ``(14) The average total household income of such 
     individuals for the year covered by the report.
       ``(15) The percentage of such individuals who own their 
     principal residences.
       ``(16) The average number of dependents of each such 
     veteran.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``3122. Longitudinal study of vocational rehabilitation programs.''.

                      TITLE IV--INSURANCE MATTERS

     SEC. 401. REPORT ON INCLUSION OF SEVERE AND ACUTE POST-
                   TRAUMATIC STRESS DISORDER AMONG CONDITIONS 
                   COVERED BY TRAUMATIC INJURY PROTECTION COVERAGE 
                   UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Veterans 
     Affairs shall, in consultation with the Secretary of Defense, 
     submit to the appropriate committees of Congress a report 
     setting forth the assessment of the Secretary of Veterans 
     Affairs as to the feasability and advisability of including 
     severe and acute post-traumatic stress disorder (PTSD) among 
     the conditions covered by traumatic injury protection 
     coverage under Servicemembers' Group Life Insurance under 
     section 1980A of title 38, United States Code.
       (b) Considerations.--In preparing the assessment required 
     by subsection (a), the Secretary of Veterans Affairs shall 
     consider the following:
       (1) The advisability of providing traumatic injury 
     protection coverage under Servicemembers' Group Life 
     Insurance under section 1980A of title 38, United States 
     Code, for post-traumatic stress disorder incurred by a member 
     of the Armed Forces as a direct result of military service in 
     a combat zone that renders the member unable to carry out the 
     daily activities of living after the member is discharged or 
     released from military service.
       (2) The unique circumstances of military service, and the 
     unique experiences of members of the Armed Forces who are 
     deployed to a combat zone.
       (3) Any financial strain incurred by family members of 
     members of the Armed Forces who have severe and acute post-
     traumatic stress disorder.
       (4) The recovery time, and any particular difficulty of the 
     recovery process, for recovery from severe and acute post-
     traumatic stress disorder.
       (5) Such other matters as the Secretary considers 
     appropriate.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.

     SEC. 402. TREATMENT OF STILLBORN CHILDREN AS INSURABLE 
                   DEPENDENTS UNDER SERVICEMEMBERS' GROUP LIFE 
                   INSURANCE.

       (a) Treatment.--Section 1965(10) is amended by adding at 
     the end the following new subparagraph:
       ``(C) The member's stillborn child.''.
       (b) Conforming Amendment.--Section 101(4)(A) is amended by 
     striking ``section

[[Page H9396]]

     1965(10)(B)'' in the matter preceding clause (i) and 
     inserting ``subparagraph (B) or (C) of section 1965(10)''.

     SEC. 403. OTHER ENHANCEMENTS OF SERVICEMEMBERS' GROUP LIFE 
                   INSURANCE COVERAGE.

       (a) Expansion of Servicemembers' Group Life Insurance To 
     Include Certain Members of Individual Ready Reserve.--
       (1) In general.--Section 1967(a)(1)(C) is amended by 
     striking ``section 1965(5)(B) of this title'' and inserting 
     ``subparagraph (B) or (C) of section 1965(5) of this title''.
       (2) Conforming amendments.--
       (A) Section 1967(a)(5)(C) is amended by striking ``section 
     1965(5)(B) of this title'' and inserting ``subparagraph (B) 
     or (C) of section 1965(5) of this title''; and
       (B) Section 1969(g)(1)(B) is amended by striking ``section 
     1965(5)(B) of this title'' and inserting ``subparagraph (B) 
     or (C) of section 1965(5) of this title''.
       (b) Reduction in Period of Dependents' Coverage After 
     Member Separates.--Section 1968(a)(5)(B)(ii) is amended by 
     striking ``120 days after''.
       (c) Authority To Set Premiums for Ready Reservists' 
     Spouses.--Section 1969(g)(1)(B) is amended by striking 
     ``(which shall be the same for all such members)''.
       (d) Forfeiture of Veterans' Group Life Insurance.--Section 
     1973 is amended by striking ``under this subchapter'' and 
     inserting ``and Veterans' Group Life Insurance under this 
     subchapter''.
       (e) Effective and Applicability Dates.--
       (1) The amendments made by subsection (a) shall take effect 
     on the date of the enactment of this Act.
       (2) The amendment made by subsection (b) shall apply with 
     respect to Servicemembers' Group Life Insurance coverage for 
     an insurable dependent of a member, as defined in section 
     1965(10) of title 38, United States Code (as amended by 
     section 402 of this Act), that begins on or after the date of 
     the enactment of this Act.
       (3) The amendment made by subsection (c) shall take effect 
     as if enacted on June 5, 2001, immediately after the 
     enactment of the Veterans' Survivor Benefits Improvements Act 
     of 2001 (Public Law 107-14; 115 Stat. 25).
       (4) The amendment made by subsection (d) shall apply with 
     respect to any act of mutiny, treason, spying, or desertion 
     committed on or after the date of the enactment of this Act 
     for which a person is found guilty, or with respect to 
     refusal because of conscientious objections to perform 
     service in, or to wear the uniform of, the Armed Forces on or 
     after the date of the enactment of this Act.

     SEC. 404. ADMINISTRATIVE COSTS OF SERVICE DISABLED VETERANS' 
                   INSURANCE.

       Section 1922(a) is amended by striking ``directly from such 
     fund'' and inserting ``directly from such fund; and (5) 
     administrative costs to the Government for the costs of the 
     program of insurance under this section shall be paid from 
     premiums credited to the fund under paragraph (4), and 
     payments for claims against the fund under paragraph (4) for 
     amounts in excess of amounts credited to such fund under that 
     paragraph (after such administrative costs have been paid) 
     shall be paid from appropriations to the fund''.

                        TITLE V--HOUSING MATTERS

     SEC. 501. TEMPORARY INCREASE IN MAXIMUM LOAN GUARANTY AMOUNT 
                   FOR CERTAIN HOUSING LOANS GUARANTEED BY 
                   SECRETARY OF VETERANS AFFAIRS.

       Notwithstanding subparagraph (C) of section 3703(a)(1) of 
     title 38, United States Code, for purposes of any loan 
     described in subparagraph (A)(i)(IV) of such section that is 
     originated during the period beginning on the date of the 
     enactment of this Act and ending on December 31, 2011, the 
     term ``maximum guaranty amount'' shall mean an amount equal 
     to 25 percent of the higher of--
       (1) the limitation determined under section 305(a)(2) of 
     the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 
     1454(a)(2)) for the calendar year in which the loan is 
     originated for a single-family residence; or
       (2) 125 percent of the area median price for a single-
     family residence, but in no case to exceed 175 percent of the 
     limitation determined under such section 305(a)(2) for the 
     calendar year in which the loan is originated for a single-
     family residence.

     SEC. 502. REPORT ON IMPACT OF MORTGAGE FORECLOSURES ON 
                   VETERANS.

       (a) Report Required.--Not later than December 31, 2009, the 
     Secretary of Veterans Affairs shall submit to the Committee 
     on Veterans' Affairs of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives a report on 
     the effects of mortgage foreclosures on veterans.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A general assessment of the income of veterans who have 
     recently separated from the Armed Forces.
       (2) An assessment of the effects of any lag or delay in the 
     adjudication by the Secretary of claims of veterans for 
     disability compensation on the capacity of veterans to 
     maintain adequate or suitable housing.
       (3) A description of the extent to which the provisions of 
     the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et 
     seq.) protect veterans from mortgage foreclosure, and an 
     assessment of the adequacy of such protections.
       (4) A description and assessment of the adequacy of the 
     home loan guaranty programs of the Department of Veterans 
     Affairs, including the authorities of such programs and the 
     assistance provided individuals in the utilization of such 
     programs, in preventing foreclosure for veterans recently 
     separated from the Armed Forces, and for members of the Armed 
     Forces, who have home loans guaranteed by the Secretary.

     SEC. 503. REQUIREMENT FOR REGULAR UPDATES TO HANDBOOK FOR 
                   DESIGN FURNISHED TO VETERANS ELIGIBLE FOR 
                   SPECIALLY ADAPTED HOUSING ASSISTANCE BY 
                   SECRETARY OF VETERANS AFFAIRS.

       Section 2103 is amended--
       (1) by striking ``The Secretary'' and inserting ``(a) Plans 
     and Specifications.--The Secretary''; and
       (2) by adding at the end the following new subsection:
       ``(b) Handbook for Design.--The Secretary shall make 
     available to veterans eligible for assistance under this 
     chapter, without cost to the veterans, a handbook containing 
     appropriate designs for specially adapted housing. The 
     Secretary shall update such handbook at least once every six 
     years to take into account any new or unique disabilities, 
     including vision impairments, impairments specific to the 
     upper limbs, and burn injuries.''.

     SEC. 504. ENHANCEMENT OF REFINANCING OF HOME LOANS BY 
                   VETERANS.

       (a) Inclusion of Refinancing Loans Among Loans Subject to 
     Guaranty Maximum.--Section 3703(a)(1)(A)(i)(IV) is amended by 
     inserting ``(5),'' after ``(3),''.
       (b) Increase in Maximum Percentage of Loan-to-Value of 
     Refinancing Loans Subject to Guaranty.--Section 3710(b)(8) is 
     amended by striking ``90 percent'' and inserting ``100 
     percent''.

     SEC. 505. EXTENSION OF CERTAIN VETERANS HOME LOAN GUARANTY 
                   PROGRAMS.

       (a) Extension of Demonstration Project on Adjustable Rate 
     Mortgages.--Section 3707(a) of title 38, United States Code, 
     is amended by striking ``2008'' and inserting ``2012''.
       (b) Extension of Demonstration Project on Hybrid Adjustable 
     Rate Mortgages.--Section 3707A(a) of such title is amended by 
     striking ``2008'' and inserting ``2012''.

                        TITLE VI--COURT MATTERS

     SEC. 601. TEMPORARY INCREASE IN NUMBER OF AUTHORIZED JUDGES 
                   OF THE UNITED STATES COURT OF APPEALS FOR 
                   VETERANS CLAIMS.

       Section 7253 is amended by adding at the end the following 
     new subsection:
       ``(i) Additional Temporary Expansion of Court.--(1) Subject 
     to paragraph (2), effective as of December 31, 2009, the 
     authorized number of judges of the Court specified in 
     subsection (a) is increased by two.
       ``(2) Effective as of January 1, 2013, an appointment may 
     not be made to the Court if the appointment would result in 
     there being more judges of the Court than the authorized 
     number of judges of the Court specified in subsection (a).''.

     SEC. 602. PROTECTION OF PRIVACY AND SECURITY CONCERNS IN 
                   COURT RECORDS.

       Section 7268 is amended by adding at the end the following 
     new subsection:
       ``(c)(1) The Court shall prescribe rules, in accordance 
     with section 7264(a) of this title, to protect privacy and 
     security concerns relating to all filing of documents and the 
     public availability under this subsection of documents 
     retained by the Court or filed electronically with the Court.
       ``(2) The rules prescribed under paragraph (1) shall be 
     consistent to the extent practicable with rules addressing 
     privacy and security issues throughout the Federal courts.
       ``(3) The rules prescribed under paragraph (1) shall take 
     into consideration best practices in Federal and State courts 
     to protect private information or otherwise maintain 
     necessary information security.''.

     SEC. 603. RECALL OF RETIRED JUDGES OF THE UNITED STATES COURT 
                   OF APPEALS FOR VETERANS CLAIMS.

       (a) Repeal of Limit on Service of Recalled Retired Judges 
     Who Voluntarily Serve More Than 90 Days.--Section 7257(b)(2) 
     is amended by striking ``or for more than a total of 180 days 
     (or the equivalent) during any calendar year''.
       (b) New Judges Recalled After Retirement Receive Pay of 
     Current Judges Only During Period of Recall.--
       (1) In general.--Section 7296(c) is amended by striking 
     paragraph (1) and inserting the following new paragraph:
       ``(1)(A) A judge who is appointed on or after the date of 
     the enactment of the Veterans' Benefits Improvement Act of 
     2008 and who retires under subsection (b) and elects under 
     subsection (d) to receive retired pay under this subsection 
     shall (except as provided in paragraph (2)) receive retired 
     pay as follows:
       ``(i) In the case of a judge who is a recall-eligible 
     retired judge under section 7257 of this title, the retired 
     pay of the judge shall (subject to section 7257(d)(2) of this 
     title) be the rate of pay applicable to that judge at the 
     time of retirement, as adjusted from time to time under 
     subsection (f)(3).
       ``(ii) In the case of a judge other than a recall-eligible 
     retired judge, the retired pay of the judge shall be the rate 
     of pay applicable to that judge at the time of retirement.
       ``(B) A judge who retired before the date of the enactment 
     of the Veterans' Benefits Improvement Act of 2008 and elected 
     under subsection (d) to receive retired pay under this 
     subsection, or a judge who retires under subsection (b) and 
     elects under subsection (d) to receive retired pay under this 
     subsection,

[[Page H9397]]

     shall (except as provided in paragraph (2)) receive retired 
     pay as follows:
       ``(i) In the case of a judge who is a recall-eligible 
     retired judge under section 7257 of this title or who was a 
     recall-eligible retired judge under that section and was 
     removed from recall status under subsection (b)(4) of that 
     section by reason of disability, the retired pay of the judge 
     shall be the pay of a judge of the court.
       ``(ii) In the case of a judge who at the time of retirement 
     did not provide notice under section 7257 of this title of 
     availability for service in a recalled status, the retired 
     pay of the judge shall be the rate of pay applicable to that 
     judge at the time of retirement.
       ``(iii) In the case of a judge who was a recall-eligible 
     retired judge under section 7257 of this title and was 
     removed from recall status under subsection (b)(3) of that 
     section, the retired pay of the judge shall be the pay of the 
     judge at the time of the removal from recall status.''.
       (2) Cost-of-living adjustment for retired pay of new judges 
     who are recall-eligible.--Section 7296(f)(3)(A) is amended by 
     striking ``paragraph (2) of subsection (c)'' and inserting 
     ``paragraph (1)(A)(i) or (2) of subsection (c)''.
       (3) Pay during period of recall.--Subsection (d) of section 
     7257 is amended to read as follows:
       ``(d)(1) The pay of a recall-eligible retired judge to whom 
     section 7296(c)(1)(B) of this title applies is the pay 
     specified in that section.
       ``(2) A judge who is recalled under this section who 
     retired under chapter 83 or 84 of title 5 or to whom section 
     7296(c)(1)(A) of this title applies shall be paid, during the 
     period for which the judge serves in recall status, pay at 
     the rate of pay in effect under section 7253(e) of this title 
     for a judge performing active service, less the amount of the 
     judge's annuity under the applicable provisions of chapter 83 
     or 84 of title 5 or the judge's annuity under section 
     7296(c)(1)(A) of this title, whichever is applicable.''.
       (4) Notice.--The last sentence of section 7257(a)(1) is 
     amended to read as follows: ``Such a notice provided by a 
     retired judge to whom section 7296(c)(1)(B) of this title 
     applies is irrevocable.''.
       (c) Limitation on Involuntary Recalls.--Section 7257(b)(3) 
     is amended by adding at the end the following new sentence: 
     ``This paragraph shall not apply to a judge to whom section 
     7296(c)(1)(A) or 7296(c)(1)(B) of this title applies and who 
     has, in the aggregate, served at least five years of recalled 
     service on the Court under this section.''.

     SEC. 604. ANNUAL REPORTS ON WORKLOAD OF THE UNITED STATES 
                   COURT OF APPEALS FOR VETERANS CLAIMS.

       (a) In General.--Subchapter III of chapter 72 is amended by 
     adding at the end the following new section:

     ``Sec. 7288. Annual report

       ``(a) In General.--The chief judge of the Court shall 
     submit to the appropriate committees of Congress each year a 
     report summarizing the workload of the Court for the fiscal 
     year ending during the preceding year.
       ``(b) Elements.--Each report under subsection (a) shall 
     include, with respect to the fiscal year covered by such 
     report, the following information:
       ``(1) The number of appeals filed with the Court.
       ``(2) The number of petitions filed with the Court.
       ``(3) The number of applications filed with the Court under 
     section 2412 of title 28.
       ``(4) The total number of dispositions by each of the 
     following:
       ``(A) The Court as a whole.
       ``(B) The Clerk of the Court.
       ``(C) A single judge of the Court.
       ``(D) A multi-judge panel of the Court.
       ``(E) The full Court.
       ``(5) The number of each type of disposition by the Court, 
     including settlement, affirmation, remand, vacation, 
     dismissal, reversal, grant, and denial.
       ``(6) The median time from filing an appeal to disposition 
     by each of the following:
       ``(A) The Court as a whole.
       ``(B) The Clerk of the Court.
       ``(C) A single judge of the Court.
       ``(D) Multiple judges of the Court (including a multi-judge 
     panel of the Court or the full Court).
       ``(7) The median time from filing a petition to disposition 
     by the Court.
       ``(8) The median time from filing an application under 
     section 2412 of title 28 to disposition by the Court.
       ``(9) The median time from the completion of briefing 
     requirements by the parties to disposition by the Court.
       ``(10) The number of oral arguments before the Court.
       ``(11) The number of cases appealed to the United States 
     Court of Appeals for the Federal Circuit.
       ``(12) The number and status of appeals and petitions 
     pending with the Court and of applications described in 
     paragraph (3) as of the end of such fiscal year.
       ``(13) The number of cases pending with the Court more than 
     18 months as of the end of such fiscal year.
       ``(14) A summary of any service performed for the Court by 
     a recalled retired judge of the Court.
       ``(15) An assessment of the workload of each judge of the 
     Court, including consideration of the following:
       ``(A) The time required of each judge for disposition of 
     each type of case.
       ``(B) The number of cases reviewed by the Court.
       ``(C) The average workload of other Federal judges.
       ``(c) Appropriate Committees of Congress Defined.--In this 
     section, the term `appropriate committees of Congress' 
     means--
       ``(1) the Committee on Veterans' Affairs of the Senate; and
       ``(2) the Committee on Veterans' Affairs of the House of 
     Representatives.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 72 is amended by inserting after the 
     item related to section 7287 the following new item:

``7288. Annual report.''.

     SEC. 605. ADDITIONAL DISCRETION IN IMPOSITION OF PRACTICE AND 
                   REGISTRATION FEES.

       Section 7285(a) is amended--
       (1) in the first sentence, by inserting ``reasonable'' 
     after ``impose a'';
       (2) in the second sentence, by striking ``, except that 
     such amount may not exceed $30 per year''; and
       (3) in the third sentence, by inserting ``reasonable'' 
     after ``impose a''.

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

     SEC. 701. FINDINGS AND PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) In 1998, Congress enacted the Olympic and Amateur 
     Sports Act Amendments of 1998 (33 U.S.C. 101 note), which 
     amended chapter 2205 of title 36, United States Code, and 
     included a statement that the purpose of the Act was ``to 
     encourage and provide assistance to amateur athletic programs 
     and competition for amateur athletes with disabilities, 
     including, where feasible, the expansion of opportunities for 
     meaningful participation by such amateur athletes in programs 
     of athletic competition for able-bodied amateur athletes''.
       (2) The United States Olympic Committee manages and 
     administers the Paralympic Program for physically disabled 
     athletes.
       (3) The Department of Veterans Affairs provides health care 
     to veterans and administers recreational activities for 
     patients including the Golden Age Games, the National 
     Veterans Wheelchair Games, and the Winter Sports Clinic.
       (4) In 2005, the United States Olympic Committee entered 
     into a memorandum of understanding with the Secretary of 
     Veterans Affairs to increase interest in and access to 
     Paralympic sports programs for veterans with physical 
     disabilities by coordinating the activities of the United 
     States Olympic Committee with the Department of Veterans 
     Affairs.
       (5) The Paralympic Program has a significant positive 
     effect on the quality of life of disabled veterans and 
     disabled members of the Armed Forces who participate in the 
     program, including helping to improve the mobility, vitality, 
     and physical, psychological, and social well-being of such 
     participants and reducing the incidence of secondary medical 
     conditions in those participants.
       (6) Because of Operation Iraqi Freedom and Operation 
     Enduring Freedom, the number of disabled veterans and 
     disabled members of the Armed Forces has increased 
     substantially and it is therefore desirable to supplement the 
     rehabilitation and recreation programs of the Department of 
     Veterans Affairs through sports for disabled veterans and 
     members of the Armed Forces.
       (b) Purpose.--The purposes of this title are as follows:
       (1) To promote the lifelong health of disabled veterans and 
     disabled members of the Armed Forces through regular 
     participation in physical activity and sports.
       (2) To enhance the recreation activities provided by the 
     Department of Veterans Affairs by promoting disabled sports 
     from the local level through elite levels and by creating 
     partnerships among organizations specializing in supporting, 
     training, and promoting programs for disabled veterans.
       (3) To provide training and support to national and local 
     organizations to provide Paralympic sports training to 
     disabled veterans and disabled members of the Armed Forces in 
     their own communities.
       (4) To provide support to the United States Paralympics, 
     Inc., to increase the participation of disabled veterans and 
     disabled members of the Armed Forces in sports.

     SEC. 702. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF 
                   ASSISTANCE TO UNITED STATES PARALYMPICS, INC.

       (a) Provision of Assistance Authorized.--Subchapter II of 
     chapter 5 is amended by inserting after section 521 the 
     following new section:

     ``Sec. 521A. Assistance for United States Paralympics, Inc.

       ``(a) Authorization to Provide Assistance.--The Secretary 
     may award grants to the United States Paralympics, Inc., to 
     plan, develop, manage, and implement an integrated adaptive 
     sports program for disabled veterans and disabled members of 
     the Armed Forces.
       ``(b) Oversight by Secretary.--As a condition of receiving 
     a grant under this section, the United States Paralympics, 
     Inc., shall permit the Secretary to conduct such oversight of 
     the use of grant funds as the Secretary determines is 
     appropriate. The United States Paralympics, Inc., shall be 
     responsible for the use of grant funds provided under this 
     section.
       ``(c) Application Requirement.--(1) Before the Secretary 
     may award a grant to the

[[Page H9398]]

     United States Paralympics, Inc., under this section, the 
     United States Paralympics, Inc., shall submit to the 
     Secretary an application that describes the activities to be 
     carried out with the grant, including information on specific 
     measurable goals and objectives to be achieved using grant 
     funds.
       ``(2) The application shall include--
       ``(A) a detailed description of all partnerships referred 
     to in paragraph (3) at the national and local levels that 
     will be participating in such activities and the amount of 
     grant funds that the United States Paralympics, Inc., 
     proposes to make available for each of such partnerships; and
       ``(B) for any fiscal year for which a grant is sought, the 
     amount of private donations received by the United States 
     Paralympics, Inc., expected to be expended to support 
     operations during that fiscal year.
       ``(3) Partnerships referred to in this paragraph are 
     agreements between the United States Paralympics, Inc., and 
     organizations with significant experience in the training and 
     support of disabled athletes and the promotion of disabled 
     sports at the local and national levels. Such organizations 
     may include Disabled Sports USA, Blaze Sports, Paralyzed 
     Veterans of America, and Disabled American Veterans. The 
     agreements shall detail the scope of activities and funding 
     to be provided by the United States Paralympics, Inc., to the 
     partner.
       ``(d) Use of Funds.--(1) The United States Paralympics, 
     Inc., with the assistance and cooperation of the Secretary 
     and the heads of other appropriate Federal and State 
     departments and agencies and partnerships referred to in 
     subsection (c)(3), shall use a grant under this section to 
     reimburse grantees with which the United States Paralympics, 
     Inc., has entered into a partnership under subsection (c) for 
     the direct costs of recruiting, supporting, equipping, 
     encouraging, scheduling, facilitating, supervising, and 
     implementing the participation of disabled veterans and 
     disabled members of the Armed Forces in the activities 
     described in paragraph (3) by supporting a program described 
     in paragraph (2).
       ``(2) A program described in this paragraph is a sports 
     program that--
       ``(A) promotes basic physical activity, games, recreation, 
     training, and competition;
       ``(B) is approved by the Secretary; and
       ``(C)(i) provides services and activities described in 
     paragraph (3) for disabled veterans and disabled members of 
     the Armed Forces; and
       ``(ii) may also provide services and activities described 
     in paragraph (3) for individuals with disabilities who are 
     not veterans or members of the Armed Forces, or both; except 
     that funds made available to carry out this section may not 
     be used to support those individuals with disabilities who 
     are not veterans or members of the Armed Forces.
       ``(3) Activities described in this paragraph are--
       ``(A) instruction, participation, and competition in 
     Paralympic sports;
       ``(B) training and technical assistance to program 
     administrators, coaches, recreational therapists, 
     instructors, Department employees, and other appropriate 
     individuals; and
       ``(C) coordination, Paralympic classification of athletes, 
     athlete assessment, sport-specific training techniques, 
     program development (including programs at the local level), 
     sports equipment, supplies, program evaluation, and other 
     activities related to the implementation and operation of the 
     program.
       ``(4) A grant made under this section may include, at the 
     discretion of the Secretary, an amount for the administrative 
     expenses of the United States Paralympics, Inc., but not to 
     exceed five percent of the amount of the grant.
       ``(5) Funds made available by the United States 
     Paralympics, Inc., to a grantee under subsection (c) may 
     include an amount for administrative expenses, but not to 
     exceed ten percent of the amount of such funds.
       ``(e) Outreach Requirement.--As a condition of receiving a 
     grant under this section, the United States Paralympics, 
     Inc., shall agree to conduct a joint outreach campaign with 
     the Secretary of Veterans Affairs to inform all eligible 
     veterans and separating members of the Armed Forces with 
     physical disabilities about the existence of the integrated 
     adaptive sports program, as appropriate, and shall provide 
     for, facilitate, and encourage participation of such veterans 
     and separating members of the Armed Forces in programs under 
     this section to the extent possible.
       ``(f) Coordination.--The Secretary shall ensure access to 
     and use of appropriate Department sports, recreation, and 
     fitness facilities by disabled veterans and disabled members 
     of the Armed Forces participating in the integrated adaptive 
     sports program to the maximum extent possible. The Secretary 
     shall ensure that such access does not adversely affect any 
     other assistance provided to veterans.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated $8,000,000 for each of fiscal years 2010 
     through 2013 to carry out this section. Amounts appropriated 
     pursuant to this subsection shall remain available without 
     fiscal year limitation.
       ``(h) Separate Accounting.--The Department shall have a 
     separate line item in budget proposals of the Department for 
     funds to be appropriated to carry out this section. Funds 
     appropriated to carry out this section shall not be 
     commingled with any other funds appropriated to the 
     Department.
       ``(i) Limitation on Use of Funds.--Except as provided in 
     paragraphs (4) and (5) of subsection (d), funds appropriated 
     to carry out this section may not be used to support or 
     provide services to individuals who are not disabled veterans 
     or disabled members of the Armed Forces.
       ``(j) Annual Report to Secretary.--(1) As a condition of 
     receiving a grant under this section, the United States 
     Paralympics, Inc., shall agree that by not later than 60 days 
     after the last day of a fiscal year for which a grant is 
     provided under this section, the United States Paralympics, 
     Inc., shall submit to the Secretary a report setting forth in 
     detail the use of the grant funds during that fiscal year, 
     including the number of veterans who participated in the 
     integrated adaptive sports program, including any programs 
     carried out through a partnership under subsection (c)(3), 
     and the administrative expenses of the integrated adaptive 
     sports program.
       ``(2) A report under this subsection may be audited by the 
     Secretary.
       ``(3) For any fiscal year after fiscal year 2010, the 
     eligibility of the United States Paralympics, Inc., to 
     receive a grant under this section shall be contingent upon 
     the submission of the report under paragraph (1) for the 
     preceding fiscal year.
       ``(k) Annual Report to Congress.--For any fiscal year 
     during which the Secretary provides assistance under this 
     section, the Secretary shall submit to Congress a report on 
     the use of funds provided under this section.
       ``(l) Termination.--The Secretary may only provide 
     assistance under this section during fiscal years 2010 
     through 2013.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 521 the following new item:

``521A. Assistance for United States Paralympics, Inc.''.

       (c) Deadline for Memorandum of Understanding.--The 
     Secretary of Veterans Affairs may not award a grant under 
     section 521A of title 38, United States Code, as added by 
     subsection (a), until the United States Paralympics, Inc., 
     and the Secretary have entered into a memorandum of 
     understanding or cooperative agreement regarding 
     implementation of the integrated adaptive sports program 
     under that section. To the extent feasible, such memorandum 
     or agreement shall be concluded not later than 240 days after 
     the date of the enactment of this Act.

     SEC. 703. DEPARTMENT OF VETERANS AFFAIRS OFFICE OF NATIONAL 
                   VETERANS SPORTS PROGRAMS AND SPECIAL EVENTS.

       (a) Establishment of Office of National Veterans Sports 
     Programs and Special Events.--Chapter 3, as amended by 
     section 222, is amended by adding at the end the following 
     new section:

     ``Sec. 322. Office of National Veterans Sports Programs and 
       Special Events

       ``(a) Establishment.--There is in the Department an Office 
     of National Veterans Sports Programs and Special Events. 
     There is at the head of the Office a Director, who shall 
     report to an appropriate official of the Veterans Benefits 
     Administration, as determined by the Secretary, or to the 
     Deputy Secretary or Secretary.
       ``(b) Responsibilities of Director.--Subject to the 
     direction of the Secretary, the Director--
       ``(1) shall establish and carry out qualifying programs and 
     events;
       ``(2) may provide for sponsorship by the Department of 
     qualifying programs and events;
       ``(3) may provide for, facilitate, and encourage 
     participation by disabled veterans in qualifying programs and 
     events;
       ``(4) shall, to the extent feasible, cooperate with the 
     United States Paralympics, Inc., and its partners to promote 
     the participation of disabled veterans and disabled members 
     of the Armed Forces in sporting events sponsored by the 
     United States Paralympics, Inc., and its partners;
       ``(5) shall seek sponsorships and donations from the 
     private sector to defray costs of carrying out the 
     responsibilities of the Director to the maximum extent 
     feasible; and
       ``(6) may carry out such other responsibilities as the 
     Secretary determines are appropriate.
       ``(c) Qualifying Program or Event.--For purposes of this 
     section, a qualifying program or event is a sports program or 
     other event in which disabled veterans and disabled members 
     of the Armed Forces participate and that is approved by the 
     Secretary as being consistent with the goals and missions of 
     the Department.
       ``(d) Monthly Assistance Allowance.--(1) Subject to the 
     availability of appropriations for such purpose, the 
     Secretary may provide a monthly assistance allowance to a 
     veteran with a disability invited by the United States 
     Paralympics, Inc., to compete for a slot on, or selected for, 
     the Paralympic Team for any month in which the veteran is 
     training or competing in any event sanctioned by the United 
     States Paralympics, Inc., or who is residing at a United 
     States Paralympics, Inc., training center.
       ``(2) The amount of the monthly assistance payable to a 
     veteran under paragraph (1) shall be equal to the monthly 
     amount of subsistence allowance that would be payable to the 
     veteran under chapter 31 of this title if the veteran were 
     eligible for and entitled to rehabilitation under such 
     chapter.

[[Page H9399]]

       ``(3) In providing assistance under this subsection, the 
     Secretary shall give priority to veterans with service-
     connected disabilities.
       ``(4) There is authorized to be appropriated to carry out 
     this subsection $2,000,000 for each of fiscal years 2010 
     through 2013.
       ``(e) Limitation on Statutory Construction.--Nothing in 
     this section shall be construed as a limitation on disabled 
     sports and special events supported by the Department as of 
     the date of the enactment of this section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``322. Office of National Veterans Sports Programs and Special 
              Events.''.

       (c) Assistance at Sporting Events.--The Secretary of 
     Veterans Affairs shall direct the Under Secretary for Health 
     of the Department of Veterans Affairs--
       (1) to make available, to the extent determined appropriate 
     by the Secretary, recreational therapists, physical 
     therapists, and other medical staff to facilitate 
     participation of veterans in sporting events conducted under 
     the auspices of the United States Paralympics, Inc.; and
       (2) to allow such personnel to provide support to the 
     programs of the United States Paralympics, Inc., without 
     requiring the use of personal leave.

     SEC. 704. COMPTROLLER GENERAL REPORT.

       Not later than the last day of fiscal year 2012, the 
     Comptroller General shall submit to Congress a report on the 
     assistance provided to the United States Paralympics, Inc., 
     under section 521A of title 38, United States Code, as added 
     by section 702, and the activities of the Office of National 
     Veterans Sports Programs and Special Events under section 322 
     of such title, as added by section 703. Such report shall 
     include a description of how the United States Paralympics, 
     Inc., used grants provided by the Department of Veterans 
     Affairs, the number of disabled veterans who benefitted from 
     such grants, and how such veterans benefitted.

                       TITLE VIII--OTHER MATTERS

     SEC. 801. AUTHORITY FOR SUSPENSION OR TERMINATION OF CLAIMS 
                   OF THE UNITED STATES AGAINST INDIVIDUALS WHO 
                   DIED WHILE SERVING ON ACTIVE DUTY IN THE ARMED 
                   FORCES.

       (a) Authority.--Section 3711(f) of title 31, United States 
     Code, is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) The Secretary of Veterans Affairs may suspend or 
     terminate an action by the Secretary under subsection (a) to 
     collect a claim against the estate of a person who died while 
     serving on active duty as a member of the Army, Navy, Air 
     Force, Marine Corps, or Coast Guard during a period when the 
     Coast Guard is operating as a service in the Navy if the 
     Secretary determines that, under the circumstances applicable 
     with respect to the deceased person, it is appropriate to do 
     so.''.
       (b) Equitable Refund of Amounts Collected.--The Secretary 
     of Veterans Affairs may refund to the estate of such person 
     any amount collected by the Secretary (whether before, on, or 
     after the date of the enactment of this Act) from a person 
     who died while serving on active duty as a member of the 
     Armed Forces if the Secretary determines that, under the 
     circumstances applicable with respect to the deceased person, 
     it is appropriate to do so.

     SEC. 802. THREE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT 
                   INCOME VERIFICATION.

       Section 5317(g) is amended by striking ``September 30, 
     2008'' and inserting ``September 30, 2011''.

     SEC. 803. MAINTENANCE, MANAGEMENT, AND AVAILABILITY FOR 
                   RESEARCH OF ASSETS OF AIR FORCE HEALTH STUDY.

       (a) Purpose.--The purpose of this section is to ensure that 
     the assets transferred to the Medical Follow-Up Agency from 
     the Air Force Health Study are maintained, managed, and made 
     available as a resource for future research for the benefit 
     of veterans and their families, and for other humanitarian 
     purposes.
       (b) Assets From Air Force Health Study.--For purposes of 
     this section, the assets transferred to the Medical Follow-Up 
     Agency from the Air Force Health Study are the assets of the 
     Air Force Health Study transferred to the Medical Follow-Up 
     Agency under section 714 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2290), including electronic data files and 
     biological specimens on all participants in the study 
     (including control subjects).
       (c) Maintenance and Management of Transferred Assets.--The 
     Medical Follow-Up Agency shall maintain and manage the assets 
     transferred to the Agency from the Air Force Health Study.
       (d) Additional Near-Term Research.--
       (1) In general.--The Medical Follow-Up Agency may, during 
     the period beginning on October 1, 2008, and ending on 
     September 30, 2012, conduct such additional research on the 
     assets transferred to the Agency from the Air Force Health 
     Study as the Agency considers appropriate toward the goal of 
     understanding the determinants of health, and promoting 
     wellness, in veterans.
       (2) Research.--In carrying out research authorized by this 
     subsection, the Medical Follow-Up Agency may, utilizing 
     amounts available under subsection (f)(1)(B), make grants for 
     such pilot studies for or in connection with such research as 
     the Agency considers appropriate.
       (e) Additional Medium-Term Research.--
       (1) Report.--Not later than March 31, 2012, the Medical 
     Follow-Up Agency shall submit to Congress a report assessing 
     the feasability and advisability of conducting additional 
     research on the assets transferred to the Agency from the Air 
     Force Health Study after September 30, 2012.
       (2) Disposition of assets.--If the report required by 
     paragraph (1) includes an assessment that the research 
     described in that paragraph would be feasible and advisable, 
     the Agency shall, utilizing amounts available under 
     subsection (f)(2), make any disposition of the assets 
     transferred to the Agency from the Air Force Health Study as 
     the Agency considers appropriate in preparation for such 
     research.
       (f) Funding.--
       (1) In general.--From amounts available for each of fiscal 
     years 2009 through 2012 for the Department of Veterans 
     Affairs for Medical and Prosthetic Research, amounts shall be 
     available as follows:
       (A) $1,200,000 shall be available in each such fiscal year 
     for maintenance, management, and operation (including 
     maintenance of biological specimens) of the assets 
     transferred to the Medical Follow-Up Agency from the Air 
     Force Health Study.
       (B) $250,000 shall be available in each such fiscal year 
     for the conduct of additional research authorized by 
     subsection (d), including the funding of pilot studies 
     authorized by paragraph (2) of that subsection.
       (2) Medium-term research.--From amounts available for 
     fiscal year 2012 for the Department of Veterans Affairs for 
     Medical and Prosthetic Research, $200,000 shall be available 
     for the preparation of the report required by subsection 
     (e)(1) and for the disposition, if any, of assets authorized 
     by subsection (e)(2).

     SEC. 804. NATIONAL ACADEMIES STUDY ON RISK OF DEVELOPING 
                   MULTIPLE SCLEROSIS AS A RESULT OF CERTAIN 
                   SERVICE IN THE PERSIAN GULF WAR AND POST 9/11 
                   GLOBAL OPERATIONS THEATERS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     enter into a contract with the Institute of Medicine of the 
     National Academies to conduct a comprehensive epidemiological 
     study for purposes of identifying any increased risk of 
     developing multiple sclerosis as a result of service in the 
     Armed Forces during the Persian Gulf War in the Southwest 
     Asia theater of operations or in the Post 9/11 Global 
     Operations theaters.
       (b) Elements.--In conducting the study required under 
     subsection (a), the Institute of Medicine shall do the 
     following:
       (1) Determine whether service in the Armed Forces during 
     the Persian Gulf War in the Southwest Asia theater of 
     operations, or in the Post 9/11 Global Operations theaters, 
     increased the risk of developing multiple sclerosis.
       (2) Identify the incidence and prevalence of diagnosed 
     neurological diseases, including multiple sclerosis, 
     Parkinson's disease, and brain cancers, as well as central 
     nervous system abnormalities that are difficult to precisely 
     diagnose, in each group as follows:
       (A) Members of the Armed Forces who served during the 
     Persian Gulf War in the Southwest Asia theater of operations.
       (B) Members of the Armed Forces who served in the Post 9/11 
     Global Operations theaters.
       (C) A non-deployed comparison group for those who served in 
     the Persian Gulf War in the Southwest Asia theater of 
     operations and the Post 9/11 Global Operations theaters.
       (3) Compare the incidence and prevalence of the named 
     diagnosed neurological diseases and undiagnosed central 
     nervous system abnormalities among veterans who served during 
     the Persian Gulf War in the Southwest Asia theater of 
     operations, or in the Post 9/11 Global Operations theaters, 
     in various locations during such periods, as determined by 
     the Institute of Medicine.
       (4) Collect information on risk factors, such as pesticide 
     and other toxic exposures, to which veterans were exposed 
     while serving during the Persian Gulf War in the Southwest 
     Asia theater of operations or the Post 9/11 Global Operations 
     theaters, or thereafter.
       (c) Reports.--
       (1) Interim report.--The contract required by subsection 
     (a) shall require the Institute of Medicine to submit to the 
     Secretary, and to appropriate committees of Congress, interim 
     progress reports on the study required under subsection (a). 
     Such reports shall not be required to include a description 
     of interim results on the work under the study.
       (2) Final report.--The contract shall require the Institute 
     of Medicine to submit to the Secretary, and to appropriate 
     committees of Congress, a final report on the study by not 
     later than December 31, 2012. The final report shall include 
     such recommendations for legislative or administrative action 
     as the Institute considers appropriate in light of the 
     results of the study.
       (d) Funding.--The Secretary shall provide the Institute of 
     Medicine with such funds as are necessary to ensure the 
     timely completion of the study required under subsection (a).
       (e) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--

[[Page H9400]]

       (A) the Committee on Veterans' Affairs of the Senate; and
       (B) the Committee on Veterans' Affairs of the House of 
     Representatives.
       (2) The term ``Persian Gulf War'' has the meaning given 
     that term in section 101(33) of title 38, United States Code.
       (3) The term ``Post 9/11 Global Operations theaters'' means 
     Afghanistan, Iraq, or any other theater in which the Global 
     War on Terrorism Expeditionary Medal is awarded for service.

     SEC. 805. TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR 
                   TELEPHONE SERVICE FOR CERTAIN SERVICEMEMBERS.

       (a) In General.--Title III of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 531 et seq.) is amended by 
     inserting after section 305 the following new section:

     ``SEC. 305A. TERMINATION OR SUSPENSION OF CONTRACTS FOR 
                   CELLULAR TELEPHONE SERVICE.

       ``(a) In General.--A servicemember who receives orders to 
     deploy outside of the continental United States for not less 
     than 90 days or for a permanent change of duty station within 
     the United States may request the termination or suspension 
     of any contract for cellular telephone service entered into 
     by the servicemember before the date of the commencement of 
     such deployment or permanent change if the servicemember's 
     ability to satisfy the contract or to utilize the service 
     will be materially affected by such deployment or permanent 
     change. The request shall include a copy of the 
     servicemember's military orders.
       ``(b) Relief.--Upon receiving the request of a 
     servicemember under subsection (a), the cellular telephone 
     service contractor concerned shall--
       ``(1) grant the requested relief without imposition of an 
     early termination fee for termination of the contract or a 
     reactivation fee for suspension of the contract; or
       ``(2) in the case that such servicemember is deployed 
     outside the continental United States as described in 
     subsection (a), permit the servicemember to suspend the 
     contract at no charge until the end of the deployment without 
     requiring, whether as a condition of suspension or otherwise, 
     that the contract be extended.
       ``(c) Cellular Telephone Service Defined.--In this section, 
     the term `cellular telephone service' has the meaning given 
     the term `commercial mobile service' in section 332(d) of the 
     Communications Act of 1934 (47 U.S.C. 332(d)).''.
       (b) Clerical Amendment.--The table of contents for that Act 
     is amended by inserting after the item relating to section 
     305 the following new item:

``Sec. 305A. Termination or suspension of contracts for cellular 
              telephone service.''.

     SEC. 806. CONTRACTING GOALS AND PREFERENCES FOR VETERAN-OWNED 
                   SMALL BUSINESS CONCERNS.

       Section 8127 is amended--
       (1) by redesignating subsections (j) and (k) as subsections 
     (k) and (l), respectively; and
       (2) by inserting after subsection (i) the following new 
     subsection (j):
       ``(j) Applicability of Requirements to Contracts.--(1) If 
     after December 31, 2008, the Secretary enters into a 
     contract, memorandum of understanding, agreement, or other 
     arrangement with any governmental entity to acquire goods or 
     services, the Secretary shall include in such contract, 
     memorandum, agreement, or other arrangement a requirement 
     that the entity will comply, to the maximum extent feasible, 
     with the provisions of this section in acquiring such goods 
     or services.
       ``(2) Nothing in this subsection shall be construed to 
     supersede or otherwise affect the authorities provided under 
     the Small Business Act (15 U.S.C. 631 et seq.).''.

     SEC. 807. PENALTIES FOR VIOLATION OF INTEREST RATE LIMITATION 
                   UNDER SERVICEMEMBERS CIVIL RELIEF ACT.

       Section 207 of the Servicemembers Civil Relief Act (50 
     U.S.C. App. 527) is amended by adding at the end the 
     following new subsections:
       ``(e) Penalty.--Whoever knowingly violates subsection (a) 
     shall be fined as provided in title 18, United States Code, 
     imprisoned for not more than one year, or both.
       ``(f) Preservation of Other Remedies.--The penalties 
     provided under subsection (e) are in addition to and do not 
     preclude any other remedy available under law to a person 
     claiming relief under this section, including any award for 
     consequential or punitive damages.''.

     SEC. 808. FIVE-YEAR EXTENSION OF SUNSET PROVISION FOR 
                   ADVISORY COMMITTEE ON MINORITY VETERANS.

       Subsection (e) of section 544 is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2014''.

     SEC. 809. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO 
                   ADVERTISE TO PROMOTE AWARENESS OF BENEFITS 
                   UNDER LAWS ADMINISTERED BY THE SECRETARY.

       (a) Authority To Advertise.--Subchapter II of chapter 5 is 
     amended by adding at the end the following new section:

     ``Sec. 532. Authority to advertise in national media

       ``The Secretary may purchase advertising in national media 
     outlets for the purpose of promoting awareness of benefits 
     under laws administered by the Secretary, including promoting 
     awareness of assistance provided by the Secretary, including 
     assistance for programs to assist homeless veterans, to 
     promote veteran-owned small businesses, and to provide 
     opportunities for employment in the Department of Veterans 
     Affairs and for education, training, compensation, pension, 
     vocational rehabilitation, and healthcare benefits, and 
     mental healthcare (including the prevention of suicide among 
     veterans).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 531 the following:

``532. Authority to advertise in national media.''.

     SEC. 810. MEMORIAL HEADSTONES AND MARKERS FOR DECEASED 
                   REMARRIED SURVIVING SPOUSES OF VETERANS.

       (a) In General.--Section 2306(b)(4)(B) is amended by 
     striking ``an unremarried surviving spouse whose subsequent 
     remarriage was terminated by death or divorce'' and inserting 
     ``a surviving spouse who had a subsequent remarriage''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to deaths occurring on or after the date of the 
     enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Filner) and the gentleman from Indiana (Mr. Buyer) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.
  Mr. FILNER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, obviously we rise in strong support of S. 3023, as 
amended, the Veterans' Benefits Improvement Act of 2008. Just by the 
listing of the title of the bill, you see how wide ranging this 
legislation is.
  We have, Madam Speaker, 24 million veterans in this country, over 2.5 
million of which receive disability compensation benefits from the 
Department of Veterans Affairs. Upon filing a claim for disability 
compensation at the VA, our veterans and their dependents face 
increased waiting times, along with an increasingly adversarial claims 
processing system.
  From 2002 up until 2007, the backlog of disability claims rose from 
250,000 to nearly 650,000 claims pending. That is an insult to the 
veterans who have served this Nation. During the same period, the VA 
consistently missed its performance targets on nearly all compensation 
and pension claims processing fronts.
  These problems are not new. General Omar Bradley, who was a Director 
of the Veterans Administration after World War II, in the mid-50s said 
in a comprehensive report that ``the dominant problems are the 
carryover from past decades of a backward-looking pension philosophy 
and our failure to adjust the existing veterans programs to fundamental 
changes in our society.''
  This quote is pretty striking, because the same thing could be said 
of the claims processing system 50 years later.
  After nearly 2 years of oversight hearings, informed by numerous 
reports examining these issues, the committee, led by our colleague 
John Hall of New York, who chairs the Disability Assistance and 
Memorial Affairs Subcommittee, set out to transform this broken and 
outdated system. He introduced and our House subsequently passed the 
Veterans Disability Benefits Claims Modernization Act of 2008, H.R. 
5892, which would comprehensively modernize VA's claim processing 
system. This legislation is the cornerstone of this Senate bill, S. 
3023.
  Mr. Hall's efforts included contributions from our colleagues from 
the committee. Joe Donnelly of Indiana introduced the Immediate 
Benefits for Wounded Warriors Act of 2007, H.R. 4219; Congressman Space 
of Ohio introduced the Veterans Disability Fairness Act, H.R. 5709; and 
Congressman Hare of Illinois ensured that mental health was an issue 
that was captured in language throughout the bill. All of these 
Members, Madam Speaker, are new Members of our Congress, and they have 
taken a vigorous and active role in their work, as illustrated in this 
bill.
  Congressman Gutierrez from Illinois and Congresswoman Corrine Brown 
from Florida introduced H.R. 674, which alerted us not to let the 
Advisory Committee on Minority Veterans sunset. And Congresswoman Carol 
Shea-Porter, another new Member from New Hampshire, has led the charge 
to spare families from VA debt collection.
  So this bill will arm the VA with a lasting blueprint to transform 
its

[[Page H9401]]

claims processing system using integrated and modern information 
technology platforms and an updated rating schedule, with tools to 
improve the accountability, timeliness and quality of adjudicated 
claims. It will establish an Office of Survivors Assistance, and at 
last allow survivors to step into the shoes of deceased veterans to 
pursue pending claims and appeals.
  Madam Speaker, we will finally tackle the central issues that have 
led to an unmanageable claims backlog, delays in processing, avoidable 
errors, inconsistencies in ratings and lack of accountability in a 
system that amounts to a ``system of injustice'' for our veterans.
  This bill will help modernize the VA claims processing system and 
assist it in becoming a 21st century, world-class entity that reflects 
the selfless and priceless sacrifices of those it serves, our veterans, 
their families and survivors.

                              {time}  2015

  I would point out a pilot program that we will start on disability 
claims that takes as a model--and it may be surprising to say this, 
Madam Speaker--the IRS, our Internal Revenue Service, which for many 
years was very dysfunctional, but now, if you file your claim for a tax 
refund, you will get a check in 3 weeks because they send out the check 
on receipt of your tax return, but it's subject to audit.
  So why not take that same process if your claim is documented fully 
and if you have help from a Certified Veteran Service Officer? There 
are thousands around the country. We will send out the check upon 
receipt, subject to audit. I think that's the way to clean up the 
backlog and to say to our veterans, yes, we understand your needs, and 
we are going to meet them.
  In addition, Madam Speaker, I was contacted by veterans who are 
concerned that the VA does not have enough slots for veterans to 
participate in its so-called Independent Living Program. That program 
allows injured veterans to obtain meaningful employment, and it allows 
them to live independently while they heal from their wounds. So we 
have introduced a bill to allow 100 Independent Living Program slots to 
be available. I'm proud that this language was included in legislation 
that will ensure that the services needed by our veterans are available 
when they're required.
  Madam Speaker, when we passed the so-called 21st century GI Bill some 
months ago, that was a great improvement in the educational benefits 
for our younger veterans, especially for those returning from Iraq and 
Afghanistan. Starting the next school year, they'll be able to draw on 
those new benefits, but we are trying to model that GI Bill on the GI 
Bill of 1944, which had so much influence on making America's middle 
class.
  Part of that bill of 1944 had a home loan guaranty program. I'm here 
because of that program. My dad was able, after he came back from the 
war, to buy a house in New York for $2,000. We were finally members of 
the middle class.
  We didn't include that part in that GI Bill, but we include it here. 
We are going to raise the values for veterans' loans. We are going to 
raise the value at which a refinance can take place. We are going to 
reduce the fees and the equity requirements, and will make the VA home 
loan program, again, relevant to veterans today, especially to those 
who are experiencing a crisis right now. They will be able to go to the 
VA and get a good deal on refinancing their home loans, a deal they 
couldn't have gotten before this passed. So I think this will be, 
again, a great benefit for thousands of our veterans around the 
country.
  We also have a provision in this bill by Representative Ciro 
Rodriguez, who is a distinguished member of our committee, to update 
housing construction and design guidelines furnished to contractors. He 
will talk about that in a few minutes.
  Again, I want to make special mention of the cooperation of my 
ranking member, Mr. Buyer of Indiana. What we did in working together 
was to provide legislation, that I'm sure he will talk about, to give 
VA assistance to the Paralympics program, which has been so successful 
in assisting veterans and servicemembers in their rehabilitation 
efforts. That language is in here. Through this program, we give a 
sense of self-worth and a sense of confidence to veterans who are 
severely injured.
  Mr. Buyer has a special interest in that. In fact, if we're not in 
session next week, I think he's going to visit part of that program 
that's being carried out in California. He's going to my district. He 
doesn't realize what kind of welcome we have ready for him, but we'll 
leave that to his imagination. It's going to strengthen our commitment 
to caring for the servicemembers by helping them heal from the wounds 
of war so they can be active members and have the confidence to do 
that.
  We also have language similar to that introduced by Congressman 
Patrick Murphy of Pennsylvania that will extend Servicemembers Civil 
Relief Act protections to enable servicemembers with deployment orders 
to more easily terminate or to suspend cell phone contracts without fee 
or penalty. It sounds like a little thing, but it's big in the lives of 
young people who have to face deployment. We're trying to tackle not 
only the big things but also these little irritants that affect our 
active duty and our veterans.
  Congressman Boozman from Arkansas worked on legislation that closes 
the loophole in the Service-Disabled Veteran-Owned Small Business 
Program. We clarify our intent by extending disabled veterans' small 
business contracting provisions to the maximum extent possible to cover 
agents purchasing goods and services on behalf of the VA.
  On the Subcommittee on Economic Opportunity, Chairwoman Stephanie 
Herseth Sandlin and her ranking member, Mr. Boozman, introduced a bill, 
which is also included in this legislation, to authorize the VA's 
Secretary to advertise in national media outlets to make sure that 
veterans are informed of their benefits.
  So you see, Madam Speaker, we have some very big things and some 
smaller things, but again, in working together, our committee was able 
to significantly affect the quality of life for our 25 million veterans 
in this country.
  I would reserve the balance of my time.
  Mr. BUYER. Madam Speaker, I yield myself such time as I may consume.
  I rise in support of S. 3023, as amended, the Veterans' Benefits 
Improvement Act of 2008. The manager's amendment before us is a 
compilation of the bipartisan provisions of 11 bills from both the 
House and the Senate Committees on Veterans' Affairs.
  I would like to thank Chairman Filner, Chairman Akaka and Ranking 
Member Richard Burr for their cooperative efforts in bringing this bill 
forward to serve our Nation's veterans.
  I would also like to acknowledge the hard work of both the House and 
the Senate staff. Our Subcommittee on Economic Opportunity is chaired 
by Stephanie Herseth Sandlin and by Dr. John Boozman as ranking member. 
Both of them together have a proven track record of working in a 
bipartisan manner to ensure that veterans who are leaving active duty 
have meaningful career opportunities and the skills needed to pursue 
those opportunities.
  Our Subcommittee on Disability Assistance and Memorial Affairs has 
also demonstrated its dedication to working on behalf of our Nation's 
veterans. I want to thank Chairman Hall and Ranking Member Lamborn for 
their hard work and bipartisanship in their efforts.
  Madam Speaker, S. 3023 incorporates over 60 veterans' provisions that 
have passed either the House or the Senate, and that's what had to be 
negotiated here between the two bodies. Clearly, time doesn't permit me 
to expand on every one of these provisions, but I'd like to highlight 
just a few.
  I am pleased that the Department of Labor will be required to collect 
data on the employment needs of Native Americans. The Department of 
Veterans Affairs will begin a 20-year longitudinal study of veterans 
who participate in the VA's Vocational Rehabilitation Program. This 
measure would also increase the time to 20 years that spouses of 
deceased or 100 percent service-connected disabled veterans have to use 
their education benefits.
  There are provisions that extend the temporary increases in VA-
conforming loan limits in the stimulus act of 2011 and that reduce 
equity requirements for VA-guaranteed refinancing loans. As well, there 
are provisions that

[[Page H9402]]

renew the adjustable and hybrid adjustable loan programs for another 4 
years.
  This bill expands the servicemember protections under the 
Servicemembers Civil Relief Act in several ways. It also clarifies the 
VA's authority to purchase advertising as part of outreach efforts.
  Madam Speaker, for me, one of the most exciting parts of the bill 
would authorize a new program at the VA to promote the increased 
participation by disabled veterans in adaptive sports. That is what the 
chairman was referring to. The bill would direct the VA to expand its 
cooperative sports activities with the United States Paralympics, and 
it would authorize $8 million to be used for grants to support an 
integrated adaptive sports program managed by the United States 
Paralympics and by partners such as the Disabled Sports USA, Blaze 
Sport, the National Parks Recreation Association, the Paralyzed 
Veterans of America, and the Disabled American Veterans.
  I want to thank Chairman Filner for his mutual interest in the 
disabled sports and for his efforts to ensure this bill was included.
  Chairman Filner, your leadership here, not only for the United States 
Olympic Committee's being out in Chula Vista, is extremely important in 
making this a reality. So I appreciate your support, not only of our 
Olympic Committee but also for the fact that this has become a reality. 
So, because of your leadership and for the fact that we were able to 
take our mutual interests and to bring them together to serve a greater 
need, I applaud your leadership.
  The United States Paralympic Team that competed in Beijing included 
13 disabled veterans, several of whom were wounded in the war on 
terror. Now, a few years back, I visited Chula Vista. This was years 
back when the United States Olympic Committee had a very large board, 
and we had individuals who were really positioning to profitize off of 
the Olympic ideal, and it was very disturbing to me. We had a series of 
ethical blunders that occurred at the Olympic Committee. It was the 
Olympic Committee's darkest hour.
  I came back to Congress. I met with Cliff Stearns at the time, who 
was on the Energy and Commerce Committee. He helped set a course for 
the reorganization of the United States Olympic Committee at a time 
when also then Senator McCain took action in the Senate and when the 
Olympic Committee also then created its own task force. The Olympic 
Committee had reorganized itself. We went into the past Olympics. 
Everyone was pulling on the rope in the same direction. It was very 
exciting. I took that relationship that had developed with the United 
States Olympic Committee and brought them to the VA to develop these 
sports programs.
  The whole intent of not only this legislation but of what Chairman 
Filner is embracing is to use sports as a platform of healing, and I 
think that is extremely important. What we have done here is: As for 
these 13 disabled veterans who just returned from the Paralympic Games 
in Beijing, this group of wounded warriors produced four gold medals, 
three silver medals and three bronze medals. So I'm pretty excited 
about these spectacular Americans.
  It's the wave of the future when disabled veterans who are competing 
with artificial limbs or with spinal cord dysfunctions will be 
commonplace. The program we are implementing here today will be the 
seed for the VA and for its partners to nurture and grow.
  So I want to thank Chairman Filner for his leadership on this. This 
is so meaningful. I look forward next week to coming out to your 
district, Chairman Filner, and to going out to Chula Vista, out to the 
U.S. Olympic Training Center with the Secretary of the VA. Hopefully, 
you'll have an opportunity to be there. I'm pretty excited about these 
sports programs.
  In Senate 3023, we will also enhance and improve veterans' benefits 
and the system that administers them. Such revisions include measures 
to increase the accuracy and the timeliness of benefit claims decisions 
and to enhance the VA's use of information technology. It will also 
look at VA disability compensation to ensure due consideration is 
afforded to veterans for their loss of earnings and their quality of 
life.
  This is something that Senator Burr and I had introduced in a measure 
in response to not only the recommendations of the Disability 
Commission but also in response to the recommendations of the 
Presidential task force of Senator Dole and former Secretary Shalala.
  The bill would also improve benefits for the survivors of deceased 
veterans. For instance, it would allow the substitution upon the death 
of a claimant for the purpose of acquiring benefits. That was Mr. 
Lamborn's provision.
  The bill would also release survivors of deceased claimants of the 
frustration of the time-consuming process of starting the entire claims 
process from square one.
  The bill would also create a VA Office of Survivors Assistance to 
ensure surviving dependents have access to benefits and to services and 
that such programs are responsive to the needs of survivors.
  With that, Madam Speaker, I would like to reserve the balance of my 
time.
  Mr. FILNER. Madam Speaker, when Mr. Hall from New York arrived as a 
new Member last year and got thrown into looking at the VA disability 
claims system, he resolved that this had to be fixed. Two-years' worth 
of work is reflected in this bill. A big chunk of the bill comes from 
Mr. Hall.
  We are so proud of the work you've been able to do, and we look 
forward to its helping millions and millions of veterans. Thank you. I 
would recognize Mr. Hall for as much time as he may consume.

                              {time}  2030

  Mr. HALL of New York. Madam Speaker, I thank Chairman Filner and 
Ranking Member Buyer, and I would also like to thank Senator Akaka and 
Ranking Member Senator Burr from the Senate Veterans' Committee, and 
tell Mr. Buyer, I wish he could have been there when I was paddling 
kayaks with about 20 veterans from the Montrose VA Hospital on the 
Hudson River about 2 weeks ago. Some of them have lost their legs or 
lost the use of their legs. Some of them were whole of body, but 
suffering PTSD or other mental or psychological issues.
  Mr. BUYER. How did you do against them?
  Mr. HALL of New York. I did fine, and they did great. You can imagine 
in a kayak where it is arms and upper body, they can go where they want 
to go very fast; faster than I can. It is incredibly therapeutic. It 
wasn't not Olympic competition, but it is a perfect example of what you 
were talking about in terms of the therapeutic value of that program.
  I am honored to be here with my distinguished colleagues in the House 
supporting Senate bill S. 3023, the Veterans' Benefits Improvement Act 
of 2008. And I am especially grateful that it contains all of the 
provisions from our Veterans' Disability Benefits Claims Modernization 
Act which I and other members of the subcommittee, including the 
ranking member, Congressman Lamborn, worked incredibly hard on in the 
Veterans' Affairs Subcommittee on Disability Assistance and Memorial 
Affairs.
  The bill really grew from the testimony of VSOs, individual veterans, 
employees of the VA, various stakeholders on these issues who came for 
a year to hearings and round tables and brought us their ideas. I would 
like to thank all of them for their contribution.
  At the end of July I was told that the backlog of claims had reached 
838,000 which is a shameful situation for our country which has so much 
technological and medical capability and capacity, to not be able to 
keep up with the combination of returning Iraq and Afghanistan veterans 
at the same time there is the maturing of our Vietnam veterans. And we 
still have vets from other conflicts who are coming in for care at the 
same time.
  The backlog was predicted to reach a million cases by next year if we 
didn't do this, and so I am happy we are moving forward and not letting 
that happen. This Congress has done, in a week in which we had the 
financial disaster dropped in our lap, and I was afraid that this might 
all get put on the back burner, I am pleased that the staff worked as 
hard as they did, both House and Senate staff, full committee and 
subcommittee staff, and I think it is the right thing to do, not to 
make our

[[Page H9403]]

veterans wait for another 6 months because we are going to a new 
Congress and we have to resubmit the whole thing.
  Today's VA claims processing system is labor-intensive and paper 
based. It relies on an archaic rating schedule and outdated medical 
concepts, practices that have been allowed to continue for too long 
unchecked and unaddressed. Too many opportunities for change have been 
missed, too many reports after reports have been shelved to collect 
dust.
  This bill will comprehensively repair the VA disability benefits' 
system so that veterans and their survivors can receive accurate and 
timely assistance. The VA schedule by which veterans are rated for 
their disabilities needs to adhere to more modern medical practices and 
disability concepts, and should consider such factors as quality of 
life and earnings capacity.
  VA management issues need to be addressed and inefficiencies 
corrected to enhance quality and performance. S. 3023 outlines 
procedures so veterans can expedite their claims when they have 
included all of the available evidence. It also codifies the VA's 
ability to render temporary ratings for undisputed, disabling severe 
injuries or illnesses.
  Furthermore, the information technology enhancements in the bill 
require the VA to institute electronic systems and computer softwares 
that are commonplace in other aspects of our society. And I compliment 
Ranking Member Lamborn for his consistent advocacy of that portion in 
particular of this bill.
  Veterans should benefit from the modern technological age that we 
live in, and an environmentally friendly, paperless process that can 
award claims in real-time, allow two offices that specialize in 
different aspects of the medical claims to be looking at the 
information at the same time.
  Applying for VA benefits should be as easy as online banking, and 
that is what we are aiming to make it.
  This bill also calls upon the VA to create a survivors' office. 
Although the VA's motto is ``to care for widows and orphans,'' it has 
never lived up to that visionary idealism of President Lincoln. That 
omission is rectified in this bill, especially important while so many 
military members are giving their lives in service to this country and 
leaving behind their beloved families.
  In another measure to support survivors, the bill allows for the 
survivor to become the claimant when the veteran dies so that the 
pending claim can be adjudicated. It is a travesty that so many 
veterans die worried that they will be unable to provide for their 
families. Widows and dependent children are left aggrieved and 
abandoned by the country their spouses faithfully served just at the 
time when they are concerned about so many other adjustments being made 
in their lives and that their grief is still being processed at the 
same time.
  A properly operating benefits system could prevent the ills that 
might befall a veteran. We must fight against suicide, divorce, 
bankruptcy, stigma, poverty and homelessness among our Nation's 
disabled veterans by providing to them the quality of life needs, 
providing them with parity among their peers, and elimination of stress 
they encounter in an adversarial and confusing claims processing 
system.
  I envision S. 3023 as putting the VA on a 21st century track to lead 
the way to decisions that are made quickly and correctly. We must treat 
our Nation's veterans and their families with the dignity and respect 
that they deserve while restoring their faith in us. We must end the 
turmoil, alienation and injustice that they feel when they file a claim 
for their earned VA benefits by acting now.
  I urge all Members to support this bill. I thank both Ranking Member 
Buyer and Chairman Filner.
  Mr. BUYER. Madam Speaker, I yield myself such time as I may consume.
  I would like to thank Chairman Hall and also Mr. Lamborn. I had asked 
the staff to go through this bill that we are looking at today, and I 
wanted to put authorship on all of the provisions so I get to see who 
are the authors of all of the provisions. So I want to thank Mr. 
Lamborn and Mr. Hall for their good work on the bill. Mr. Lamborn has a 
lot of authorship on a lot of different provisions.
  But I see a lot of names in here. There is also Stephanie Herseth 
Sandlin and Dr. Boozman. These are two individuals who had a lot of 
years working together, and they define bipartisanship on the 
committee, Madam Speaker. They have a great work product.
  Madam Speaker, at this time I yield to the gentleman from Arkansas 
(Mr. Boozman).
  Mr. BOOZMAN. Madam Speaker, as ranking member of the Veterans' 
Affairs Subcommittee on Economic Opportunity, I am delighted with the 
product of our negotiations with the Senate Veterans' Affairs 
Committee. This is an excellent bill, and I think we can declare a 
victory for America's veterans.
  I want to especially thank Chairman Filner and Ranking Member Buyer. 
This truly is an excellent product, and I appreciate your leadership in 
bringing it all together.
  I would also like to acknowledge the excellent bipartisan manner in 
which Chairwoman Herseth Sandlin has led the Subcommittee on Economic 
Opportunity. She has done a tremendous job, and I congratulate her for 
a successful 110th Congress, and look forward to reversing roles with 
her again next year.
  S. 3023 has a wide range of improvements for employment, education, 
vocational rehabilitation, housing programs, and servicemembers' 
rights. This bill improves protections for our servicemembers under the 
Servicemembers Civil Relief Act, and we require training for Federal 
human resource officials to increase the number of veterans in our 
Federal workforce.
  We will finally study the employment needs of Native Americans and 
increase the court's discretion when ruling on veteran's employment 
cases. Along with our disabled veterans, we owe so much to the spouses 
and children of those who lose their life while on active duty or 
become 100 percent disabled in service. Therefore, we extend the time 
to use their chapter 35 education benefits to 20 years.
  Those who need vocational rehabilitation will find it easier to 
qualify for independent living. We will also require the VA to conduct 
a 20-year study on 3-year groups of veterans who use voc. rehab 
benefits to determine the effectiveness of those benefits.
  The recent stimulus bill increased conforming loan limits for VA 
guaranteed loans, and we will extend those temporary limits through 
2011. Under the temporary increased limits, VA may be able to guarantee 
up to nearly $730,000, depending on the location of the home.
  We are also renewing the VA's authority to guarantee adjustable and 
hybrid adjustable rate loans. These types of loans are ideal for some 
veterans, and I am pleased we were able to renew VA's authority.
  Disabled veterans will see increased opportunities in sports through 
an imaginative integrated adaptive sports program operated by VA, U.S. 
Paralympics, Inc., and partners such as Disabled Sports U.S.A., 
National Parks and Recreation Association, Blaze Sports, the DAV and 
Paralyzed Veterans of America. The program will support disabled 
athletes from the grassroots level through elite competition such as 
the recently completed Paralympic Games in Beijing.
  Finally, there was some confusion at the VA regarding their authority 
to use funds for mass TV and radio advertising to promote veterans' 
benefits. S. 3023 makes it clear that VA will now have the authority to 
conduct advertising campaigns using modern media methods to reach more 
veterans.
  Again, Madam Speaker, this is a great bill. I want to again thank our 
chairman, Mr. Filner, and our ranking member, Mr. Buyer, and also 
Chairwoman Herseth Sandlin for their great work in bringing this 
forward.
  Mr. BUYER. I would like to thank the gentleman for his leadership, 
and I reserve the balance of my time.
  Mr. FILNER. Madam Speaker, I yield to the gentleman from Texas (Mr. 
Rodriguez), another great member of our committee, for such time as he 
may consume.
  Mr. RODRIGUEZ. Madam Speaker, I thank the gentleman for this 
opportunity regarding the Veterans' Benefits Improvement Act.
  This bill improves the treatment and service provided by the 
Department of

[[Page H9404]]

Veterans Affairs to veterans with post-traumatic stress disorders and 
substance abuse disorders, and many other provisions.
  This is a great opportunity for us to deal with the issue of post-
traumatic stress and be able to get the research that is needed, and 
also provide the services that are needed for our veterans coming in 
from Afghanistan and Iraq.
  We know that our Vietnam veterans suffered tremendously from this, 
and we were negligent in not providing the services at that time. But I 
know that they worked hard and lobbied us, making sure that we are 
there for the soldier that is coming back from Afghanistan and Iraq, 
and also providing the services for those Vietnam veterans and those 
veterans from previous wars that are suffering tremendous heartaches 
and problems from this particular illness.
  We know that this illness has created difficulties in terms of 
substance abuse. We know that a lot of them try to self-medicate in 
dealing with issues, and this will give us a better opportunity to do 
the necessary clinical work that will give us the insight that will 
help us to deal with those situations and help these soldiers as well 
as these veterans and their families.
  Let me also take this opportunity, this bill also is a bill that 
incorporates H.R. 5664, a bill that I introduced to correct a 
bureaucratic oversight in the way that the Veterans Administration 
advises contractors constructing or renovating houses for disabled 
veterans. My bill seeks to ensure that the veterans whose homes were 
updated under this program benefit from all of the modern technology 
and construction practices that can be provided.
  Today, veterans, particularly those from Iraq and Afghanistan, are 
sustaining injuries that in the past conflicts would have resulted in 
their death. The variety of these injuries require a fresh look at the 
way that the VA provides guidance to vets in using special adaptive 
housing grants. The primary guidance that the VA provides contractors 
who modify homes under this grant program is VA Pamphlet 26-13 titled 
``Handbook For Design: Specially Adaptive Housing.'' This guide was 
last updated in 1978. This bill requires an update to that guide at 
least every 6 years.
  I would like to thank once again Chairman Hall and Chairman Filner 
and Ranking Member Buyer for their leadership and their work.
  Mr. FILNER. Madam Speaker, I recognize another new member of our 
committee, but again a very aggressive, active member, the gentleman 
from Indiana (Mr. Donnelly), for 4 minutes.
  Mr. DONNELLY. Madam Speaker, today I rise in strong support of S. 
3023, the Veterans' Benefits Improvement Act, as amended.
  This legislation represents months of work by my colleagues on the 
House Veterans' Affairs Committee.
  The SPEAKER pro tempore. If the gentleman would suspend, the Chair 
advises the gentleman from California has 30 seconds remaining.
  Mr. BUYER. The gentleman may proceed. If he needs time, I will be 
more than happy to yield it.
  The SPEAKER pro tempore. The gentleman from Indiana has 8\1/2\ 
minutes remaining.
  The gentleman may proceed.

                              {time}  2045

  Mr. DONNELLY. I want to thank the ranking member of the committee, my 
friend from my home State of Indiana. Our districts actually touch up 
upon each other, and I'll try to be brief and not use too much of his 
time.
  One key provision in this bill, as amended, would ensure that 
severely injured veterans released from active duty are able to receive 
disability benefits immediately for injuries that can be promptly rated 
while they wait to be assigned a rating for other injuries that are not 
immediately ratable.
  The bill before us would codify temporary ratings for severely 
injured veterans who have paid a high price on behalf of our country. 
The passage of this legislation will make temporary ratings a right of 
our wounded warriors, instead of just an option to be employed by the 
Veterans Administration.
  I want to take a moment to thank my good friend, the chairman of the 
Disability Assistance and Memorial Affairs Subcommittee, Mr. Hall, for 
his work on this legislation. I want to thank Chairman Filner and I 
want to thank Ranking Member Buyer for their assistance and leadership 
on this issue as well.
  We have much work to do to continue to improve the way our disability 
claims process works for injured veterans. However, S. 3203 represents 
real change that will directly translate to improved service for those 
Americans who have fought and sacrificed on behalf of our Nation.
  I urge all my colleagues to vote for this bill. I want to thank again 
the ranking member for his graciousness.
  Mr. BUYER. I yield myself such time as I may consume.
  I would like to extend compliments to the Speaker pro tem, the 
gentlelady from Ohio, for her attentiveness during this. As a former 
member of the Veterans' Affairs Committee yourself, and as a former 
chairwoman of one of the committees on Comp and Pen and Memorial 
Affairs, I appreciate your leadership here tonight.
  I also would like to note that two members of the staff on the 
Republican side are not with us here tonight who gave tremendous 
contributions to both bills that we've had here tonight, on health and 
in benefits; that being the former Staff Director, Jim Lariviere and 
Jeff Phillips. Both of these individuals have been called to active 
duty, and both were promoted to Brigadier General. So Brigadier General 
Jim Lariviere tonight with the United States Marine Corps is on duty, 
and Brigadier General Jeff Phillips is also on duty with the United 
States Army. We recognize their contribution to these bills tonight, 
and wish them Godspeed and safety to themselves and their families.
  With that, I want to express my appreciation to Chairman Filner and 
the leadership of your team and that of your staff, and to include my 
staff for their hard work and the cooperation with that of the United 
States Senate.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today to speak on S. 
3023, Veterans' Benefits Improvement Act of 2008. This bill is so 
important to our men and women who have served, are currently serving, 
or will serve one day.
  As President John F. Kennedy once said, ``As we express our 
gratitude, we must never forget that the highest appreciation is not to 
utter words, but to live by them.'' Every day on this Floor, we praise 
the efforts of the soldiers who defend our way of life and our safety. 
If it is not time that we live by President Kennedy's words, and not 
just pay them lip service, when will it be?
  Veterans face some of the greatest hardships that any of us can ever 
imagine. When they return from service, a large number of them can't 
acclimate back in to their life in an easy manner. This number goes up 
when you look at the members of the service who have seen action in one 
of the theatres that we have fought wars in. As of September 24, 2008, 
we have lost 4,125 men and women. As you all know, death is not the 
only sacrifice that these brave Americans make. Over 10 times that 
number of soldiers killed, 10 times that amount have been wounded. When 
they do return, they expect that the benefits they were promised are 
there to help them transition.
  This bill provides a few things that will help the period of 
transition run smoothly. First off it says that veterans who need 
disability assistance can get it with ease. As anyone who has ever 
filled out a government form, they know that they were not designed 
with simplicity in mind. These forms often take trained professionals 
and a large amount of time to understand how and where to file this 
paperwork.
  The current way to file is just as confusing as how you file other 
governmental forms. If this bill passes the Secretary of Veterans 
Affairs would be required to publish regulations relating to how people 
in need would request disability assistance. This bill would require 
clear and concise words as well as input from the public on what they 
think. The best way to prevent confusion is to get interested 
stakeholders to be brought into the process.
  Second, this bill will standardize the process's time limits. No time 
limits on how long a person has to file claims exist today. This means 
that if the agency decides they want to deny a claim based on time, 
there is no mechanism to appeal. The 60 day deadline allows disabled 
veterans who are denied to fight back and get the coverage.
  Our soldiers, and the patriotism that they inspire in Americans, need 
to be protected. This bill will help the veterans of the past, and the 
solders of the future, worry about their safety and not worry about 
what they will do when

[[Page H9405]]

they get home. We need to help these heroes out anyway we can.
  Mr. BUYER. I yield back the balance of my time.


                             General Leave

  Mr. FILNER. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on S. 3023, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Filner) that the House suspend the rules 
and pass the Senate bill, S. 3023, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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