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[110th Congress Public Law 389]
[From the U.S. Government Printing Office]

[DOCID: f:publ389.110]

[[Page 122 STAT. 4145]]

Public Law 110-389
110th Congress

                                 An Act

 
     To amend title 38, United States Code, to improve and enhance 
 compensation and pension, housing, labor and education, and insurance 
    benefits for veterans, and for other purposes. <<NOTE: Oct. 10, 
                          2008 -  [S. 3023]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Veterans' 
Benefits Improvement Act of 2008.>> 
SECTION 1. <<NOTE: 38 USC 101 note.>> 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.

[[Page 122 STAT. 4146]]

Sec. 226. Study of performance measures for claims adjudications of the 
           Veterans Benefits Administration.
Sec. 227. Review and enhancement of use of information technology in 
           Veterans Benefits Administration.
Sec. 228. Study and report on improving access to medical advice.

                 TITLE III--LABOR AND EDUCATION MATTERS

                Subtitle A--Labor and Employment Matters

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

                      Subtitle B--Education Matters

Sec. 321. Modification of period of eligibility for Survivors' and 
           Dependents' Educational Assistance of certain spouses of 
           individuals with service-connected disabilities total and 
           permanent in nature.
Sec. 322. Repeal of requirement for report to the Secretary of Veterans 
           Affairs on prior training.
Sec. 323. Modification of waiting period before affirmation of 
           enrollment in a correspondence course.
Sec. 324. Change of programs of education at the same educational 
           institution.
Sec. 325. Repeal of certification requirement with respect to 
           applications for approval of self-employment on-job training.
Sec. 326. Coordination of approval activities in the administration of 
           education benefits.

              Subtitle C--Vocational Rehabilitation Matters

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

                       TITLE IV--INSURANCE MATTERS

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

                        TITLE V--HOUSING MATTERS

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

                         TITLE VI--COURT MATTERS

Sec. 601. Temporary increase in number of authorized judges of the 
           United States Court of Appeals for Veterans Claims.
Sec. 602. Protection of privacy and security concerns in court records.

[[Page 122 STAT. 4147]]

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) <<NOTE: 38 USC 5103.>> 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;

[[Page 122 STAT. 4148]]

            ``(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 <<NOTE: 38 USC 5103 note.>> 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 <<NOTE: 38 USC 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) <<NOTE: 10 USC 
        1212 note.>> 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 <<NOTE: 38 USC 1161 note.>> 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,

[[Page 122 STAT. 4149]]

        including efforts relating to the use of approved templates for 
        such examinations and of reports on such examinations that are 
        based on such templates prepared in an easily-readable format.
            (2) An assessment of the current personnel requirements of 
        the Veterans Benefits Administration, including an assessment of 
        the adequacy of the number of personnel assigned to each 
        regional office of the Administration for each type of claim 
        adjudication position.
            (3) A description of the differences, if any, in current 
        patterns of claims submitted to the Secretary of Veterans 
        Affairs regarding ratings for service-connected disabilities 
        among various populations of veterans, including veterans living 
        in rural and highly rural areas, minority veterans, veterans who 
        served in the National Guard or Reserve, and veterans who are 
        retired from the Armed Forces, and a description and assessment 
        of efforts undertaken to reduce such differences.
SEC. 105. EXTENSION OF TEMPORARY AUTHORITY FOR THE PERFORMANCE OF 
                        MEDICAL DISABILITY EXAMINATIONS BY 
                        CONTRACT PHYSICIANS.

    Section 704(c) of the Veterans Benefits Act of 2003 (Public Law 108-
183; 117 Stat. 2651; 38 U.S.C. 5101 note) is amended by striking 
``December 31, 2009'' and inserting ``December 31, 2010''.
SEC. 106. ADDITION OF OSTEOPOROSIS TO DISABILITIES PRESUMED TO BE 
                        SERVICE-CONNECTED IN FORMER PRISONERS OF 
                        WAR WITH POST-TRAUMATIC STRESS DISORDER.

    Section 1112(b)(2) <<NOTE: 38 USC 1112.>> 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--

[[Page 122 STAT. 4150]]

                          ``(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 <<NOTE: Regulations.>> 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 <<NOTE: Deadline.>> 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) <<NOTE: Regulations.>> 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) <<NOTE: Regulations.>> provided in 
                regulations prescribed by the Secretary.

[[Page 122 STAT. 4151]]

            ``(D) For <<NOTE: Regulations.>> 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 <<NOTE: 38 USC 1156 note.>> 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 <<NOTE: Regulations.>> 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 <<NOTE: 38 USC 5121A note.>> 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.

[[Page 122 STAT. 4152]]

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.

[[Page 122 STAT. 4153]]

    ``(B) A term of service may not exceed four years and shall be 
staggered to ensure that the dates for the termination of the members' 
terms are not all the same.
    ``(C) The Secretary may reappoint any member for one or more 
additional terms of service.
    ``(4) The Secretary shall select a Chair from among the members of 
the Committee.
    ``(b) Responsibilities of Committee.--(1) The Secretary shall, on a 
regular basis, consult with and seek the advice of the Committee with 
respect to the maintenance and periodic readjustment of the schedule for 
rating disabilities under section 1155 of this title.
    ``(2)(A) In providing advice to the Secretary under this subsection, 
the Committee shall--
            ``(i) assemble and review relevant information relating to 
        the needs of veterans with disabilities;
            ``(ii) provide information relating to the nature and 
        character of disabilities arising from service in the Armed 
        Forces;
            ``(iii) provide an on-going assessment of the effectiveness 
        of the schedule for rating disabilities; and
            ``(iv) provide on-going advice on the most appropriate means 
        of responding to the needs of veterans relating to disability 
        compensation in the future.

    ``(B) In carrying out its duties under subparagraph (A), the 
Committee shall take into special account the needs of veterans who have 
served in a theater of combat operations.
    ``(c) Resources.--The Secretary shall ensure that appropriate 
personnel, funding, and other resources are provided to the Committee to 
carry out its responsibilities.
    ``(d) Biennial Reports to the Secretary.--(1) Not later than October 
31, 2010, and not less frequently than every two years thereafter, the 
Committee shall submit to the Secretary a report on the programs and 
activities of the Department that relate to the payment of disability 
compensation. Each such report shall include--
            ``(A) an assessment of the needs of veterans with respect to 
        disability compensation; and
            ``(B) such recommendations (including recommendations for 
        administrative or legislative action) as the Committee considers 
        appropriate.

    ``(2) The Committee may submit to the Secretary such other reports 
and recommendations as the Committee considers appropriate.
    ``(e) Biennial Reports to Congress.--(1) Not later than 90 days 
after the receipt of a report required under subsection (d)(1), the 
Secretary shall transmit to the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives a copy of such report, together with such comments and 
recommendations concerning such report as the Secretary considers 
appropriate.
    ``(2) The Secretary shall submit with each report required under 
paragraph (1) a summary of all reports and recommendations of the 
Committee submitted to the Secretary under subsection (d)(2) since the 
previous report transmitted by the Secretary under paragraph (1) of this 
subsection.
    ``(f) Applicability of Federal Advisory Committee Act.--(1) Except 
as provided in paragraph (2), the provisions of the

[[Page 122 STAT. 4154]]

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. <<NOTE: 38 USC 5101 note.>> 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 <<NOTE: Deadline.>> 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.

[[Page 122 STAT. 4155]]

    (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.

[[Page 122 STAT. 4156]]

            (4) Final report.--Not later than 180 days after the 
        completion of each pilot program carried out under this section, 
        the Secretary shall submit to Congress a final report on the 
        feasibility and advisability of continuing or expanding the 
        respective pilot program.
SEC. 222. OFFICE OF SURVIVORS ASSISTANCE.

    (a) In General.--Chapter 3 is amended by adding at the end the 
following new section:
``Sec. 321. Office of Survivors Assistance

    ``(a) Establishment.--The Secretary shall establish in the 
Department an Office of Survivors Assistance (in this section referred 
to as the `Office') to serve as a resource regarding all benefits and 
services furnished by the Department--
            ``(1) to survivors and dependents of deceased veterans; and
            ``(2) to survivors and dependents of deceased members of the 
        Armed Forces.

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

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

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

    (a) Report Required.--Not later than 10 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committees on Veterans' Affairs and Appropriations 
of the Senate and the Committees on Veterans' Affairs and Appropriations 
of the House of Representatives a report on the adequacy of dependency 
and indemnity compensation payable under chapter 13 of title 38, United 
States Code, to surviving spouses and dependents of veterans who die as 
a result of a service-connected disability in replacing the deceased 
veteran's income.
    (b) Elements.--The report required by subsection (a) shall include--
            (1) a description of the current system for the payment of 
        dependency and indemnity compensation to surviving

[[Page 122 STAT. 4157]]

        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 <<NOTE: 38 USC 7731.>> 7731 is amended by 
adding at the end the following new subsection:

    ``(c)(1) <<NOTE: Contracts. Time period.>> 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) <<NOTE: Effective date.>> 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.

[[Page 122 STAT. 4158]]

            ``(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) <<NOTE: Consultation.>> 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 <<NOTE: 38 USC 7732A note.>> 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.

[[Page 122 STAT. 4159]]

    (b) Evaluation of Training.--Not <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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. <<NOTE: 38 USC 5101 note.>> 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

[[Page 122 STAT. 4160]]

                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 <<NOTE: Deadline.>> later than 210 days after the date on 
which the Secretary submits to Congress the report required under 
subsection (c), the Secretary shall establish an updated system for 
evaluating the performance and accountability of employees of the 
Veterans Benefits Administration who are responsible for processing 
claims for compensation or pension benefits. Such system shall be based 
on the findings of the study conducted by the Secretary under subsection 
(a).
SEC. 227. <<NOTE: 38 USC 5101 note.>> REVIEW AND ENHANCEMENT OF 
                        USE OF INFORMATION TECHNOLOGY IN VETERANS 
                        BENEFITS ADMINISTRATION.

    (a) Review and Comprehensive Plan.--Not <<NOTE: Deadline.>> 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.

[[Page 122 STAT. 4161]]

            (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 <<NOTE: Deadline.>> 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.

[[Page 122 STAT. 4162]]

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. <<NOTE: Deadlines.>> REFORM OF USERRA COMPLAINT PROCESS.

    (a) Notification of Rights With Respect to Complaints.--Subsection 
(c) of section 4322 <<NOTE: 38 USC 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.''.

[[Page 122 STAT. 4163]]

            (2) Expedition of referrals to special counsel.--Section 
        4324(a)(1) <<NOTE: 38 USC 4324.>> is amended by striking ``The 
        Secretary shall refer'' and inserting ``Not later than 60 days 
        after the date the Secretary receives such a request, the 
        Secretary shall refer''.

    (e) Notification of Representation.--
            (1) Notification by attorney general.--Section 4323(a) is 
        further amended--
                    (A) by redesignating paragraph (2) as paragraph (3); 
                and
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):

    ``(2) Not later than 60 days after the date the Attorney General 
receives a referral under paragraph (1), the Attorney General shall--
            ``(A) make a decision whether to appear on behalf of, and 
        act as attorney for, the person on whose behalf the complaint is 
        submitted; and
            ``(B) notify such person in writing of such decision.''.
            (2) Notification by special counsel.--Subparagraph (B) of 
        section 4324(a)(2) is amended to read as follows:

    ``(B) Not later than 60 days after the date the Special Counsel 
receives a referral under paragraph (1), the Special Counsel shall--
            ``(i) make a decision whether to represent a person before 
        the Merit Systems Protection Board under subparagraph (A); and
            ``(ii) notify such person in writing of such decision.''.

    (f) Deadlines, Statutes of Limitations, and Related Matters.--
            (1) In general.--Subchapter III of chapter 43 is amended by 
        adding at the end the following new section:
``Sec. 4327. Noncompliance of Federal officials with deadlines; 
                  inapplicability of statutes of limitations

    ``(a) Effect of Noncompliance of Federal Officials With Deadlines.--
(1) The inability of the Secretary, the Attorney General, or the Special 
Counsel to comply with a deadline applicable to such official under 
section 4322, 4323, or 4324 of this title--
            ``(A) shall not affect the authority of the Attorney General 
        or the Special Counsel to represent and file an action or submit 
        a complaint on behalf of a person under section 4323 or 4324 of 
        this title;
            ``(B) shall not affect the right of a person--
                    ``(i) to commence an action under section 4323 of 
                this title;
                    ``(ii) to submit a complaint under section 4324 of 
                this title; or
                    ``(iii) to obtain any type of assistance or relief 
                authorized by this chapter;
            ``(C) shall not deprive a Federal court, the Merit Systems 
        Protection Board, or a State court of jurisdiction over an 
        action or complaint filed by the Attorney General, the Special 
        Counsel, or a person under section 4323 or 4324 of this title; 
        and
            ``(D) shall not constitute a defense, including a statute of 
        limitations period, that any employer (including a State, a 
        private employer, or a Federal executive agency) or the Office 
        of Personnel Management may raise in an action filed by the

[[Page 122 STAT. 4164]]

        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 <<NOTE: 38 USC 
        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.

[[Page 122 STAT. 4165]]

            ``(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:

[[Page 122 STAT. 4166]]

            (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 <<NOTE: 38 USC 4332 note.>> 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.''.

[[Page 122 STAT. 4167]]

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 43 is amended by adding at the end the following new item:

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

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

    (a) Report.--Not later than December 1, 2009, the Secretary of Labor 
shall, in consultation with the Secretary of Veterans Affairs and the 
Secretary of the Interior, submit to the Committee on Veterans' Affairs 
of the Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report assessing the employment needs of Native 
American (American Indian, Alaska Native, Native Hawaiian, and Pacific 
Islander) veterans living on tribal lands, including Indian 
reservations, Alaska Native villages, and Hawaiian Home Lands. The 
report shall include--
            (1) a review of current and prior government-to-government 
        relationships between tribal organizations and the Veterans' 
        Employment and Training Service of the Department of Labor; and
            (2) recommendations for improving employment and job 
        training opportunities for Native American veterans on tribal 
        land, especially through the utilization of resources for 
        veterans.

    (b) Tribal Organization Defined.--In this section, the term ``tribal 
organization'' has the meaning given such term in section 3765(4) of 
title 38, United States Code.
SEC. 315. EQUITY POWERS.

    Section 4323(e) of title 38, United States Code, is amended by 
striking ``may use'' and inserting ``shall use, in any case in which the 
court determines it is appropriate,''.
SEC. 316. WAIVER OF RESIDENCY REQUIREMENT FOR DIRECTORS FOR 
                        VETERANS' EMPLOYMENT AND TRAINING.

    Section 4103(a)(2) <<NOTE: 38 USC 4103.>> 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.

[[Page 122 STAT. 4168]]

            ``(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) <<NOTE: 38 USC 3512.>> 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) <<NOTE: Deadline.>> 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--

[[Page 122 STAT. 4169]]

            (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 <<NOTE: 38 USC 3677.>> 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

[[Page 122 STAT. 4170]]

                    (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) <<NOTE: 38 USC 3105.>> is amended--
            (1) by striking ``Unless the Secretary'' and all that 
        follows through ``the period of a program'' and inserting ``(1) 
        Except as provided in paragraph (2), the period of a program''; 
        and
            (2) by adding at the end the following new paragraph:

    ``(2)(A) The period of a program of independent living services and 
assistance for a veteran under this chapter may exceed twenty-four 
months as follows:
            ``(i) If the Secretary determines that a longer period is 
        necessary and likely to result in a substantial increase in the 
        veteran's level of independence in daily living.
            ``(ii) If the veteran served on active duty during the Post-
        9/11 Global Operations period and has a severe disability (as 
        determined by the Secretary for purposes of this clause) 
        incurred or aggravated in such service.

    ``(B) In this paragraph, the term `Post-9/11 Global Operations 
period' means the period of the Persian Gulf War beginning on September 
11, 2001, and ending on the date thereafter prescribed by Presidential 
proclamation or by law.''.
SEC. 332. INCREASE IN CAP OF NUMBER OF VETERANS PARTICIPATING IN 
                        INDEPENDENT LIVING PROGRAM.

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

[[Page 122 STAT. 4171]]

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:

[[Page 122 STAT. 4172]]

            (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.

[[Page 122 STAT. 4173]]

            ``(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.

[[Page 122 STAT. 4174]]

            (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) <<NOTE: 38 USC 1965.>> is amended 
by adding at the end the following new subparagraph:
                    ``(C) The member's stillborn child.''.

    (b) Conforming Amendment.--Section 101(4)(A) is amended by striking 
``section 1965(10)(B)'' in the matter preceding clause (i) and inserting 
``subparagraph (B) or (C) of section 1965(10)''.
SEC. 403. OTHER ENHANCEMENTS OF SERVICEMEMBERS' GROUP LIFE 
                        INSURANCE COVERAGE.

    (a) Expansion of Servicemembers' Group Life Insurance To Include 
Certain Members of Individual Ready Reserve.--
            (1) In general.--Section 1967(a)(1)(C) is amended by 
        striking ``section 1965(5)(B) of this title'' and inserting 
        ``subparagraph (B) or (C) of section 1965(5) of this title''.
            (2) Conforming amendments.--
                    (A) Section 1967(a)(5)(C) is amended by striking 
                ``section 1965(5)(B) of this title'' and inserting 
                ``subparagraph (B) or (C) of section 1965(5) of this 
                title''; and
                    (B) Section 1969(g)(1)(B) is amended by striking 
                ``section 1965(5)(B) of this title'' and inserting 
                ``subparagraph (B) or (C) of section 1965(5) of this 
                title''.

    (b) Reduction in Period of Dependents' Coverage After Member 
Separates.--Section 1968(a)(5)(B)(ii) is amended by striking ``120 days 
after''.
    (c) Authority To Set Premiums for Ready Reservists' Spouses.--
Section 1969(g)(1)(B) is amended by striking ``(which shall be the same 
for all such members)''.
    (d) Forfeiture of Veterans' Group Life Insurance.--Section 1973 is 
amended by striking ``under this subchapter'' and inserting ``and 
Veterans' Group Life Insurance under this subchapter''.
    (e) Effective and Applicability Dates.--
            (1) <<NOTE: 38 USC 1967 note.>> The amendments made by 
        subsection (a) shall take effect on the date of the enactment of 
        this Act.
            (2) <<NOTE: 38 USC 1968 note.>> 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.

[[Page 122 STAT. 4175]]

            (3) <<NOTE: 38 USC 1969 note.>> 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) <<NOTE: 38 USC 1973 note.>> 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) <<NOTE: 38 USC 1922.>> 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. <<NOTE: 38 USC 3703 note.>> 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.

[[Page 122 STAT. 4176]]

            (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 <<NOTE: 38 USC 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 <<NOTE: Deadline.>> 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:

[[Page 122 STAT. 4177]]

    ``(i) Additional <<NOTE: Effective dates.>> 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) <<NOTE: Regulations.>> 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 <<NOTE: 38 USC 
7257.>> 7257(b)(2) is amended by striking ``or for more than a total of 
180 days (or the equivalent) during any calendar year''.

    (b) New Judges Recalled After Retirement Receive Pay of Current 
Judges Only During Period of Recall.--
            (1) In general.--Section 7296(c) is amended by striking 
        paragraph (1) and inserting the following new paragraph:

    ``(1)(A) A judge who is appointed on or after the date of the 
enactment of the Veterans' Benefits Improvement Act of 2008 and who 
retires under subsection (b) and elects under subsection (d) to receive 
retired pay under this subsection shall (except as provided in paragraph 
(2)) receive retired pay as follows:
            ``(i) In the case of a judge who is a recall-eligible 
        retired judge under section 7257 of this title, the retired pay 
        of the judge shall (subject to section 7257(d)(2) of this title) 
        be the rate of pay applicable to that judge at the time of 
        retirement, as adjusted from time to time under subsection 
        (f)(3).
            ``(ii) In the case of a judge other than a recall-eligible 
        retired judge, the retired pay of the judge shall be the rate of 
        pay applicable to that judge at the time of retirement.

    ``(B) A judge who retired before the date of the enactment of the 
Veterans' Benefits Improvement Act of 2008 and elected under subsection 
(d) to receive retired pay under this subsection, or a judge who retires 
under subsection (b) and elects under subsection (d) to receive retired 
pay under this subsection, shall (except as provided in paragraph (2)) 
receive retired pay as follows:
            ``(i) In the case of a judge who is a recall-eligible 
        retired judge under section 7257 of this title or who was a 
        recall-eligible retired judge under that section and was removed 
        from

[[Page 122 STAT. 4178]]

        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) <<NOTE: 38 USC 
        7296.>> 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.

[[Page 122 STAT. 4179]]

            ``(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) <<NOTE: 38 USC 7285.>> 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

[[Page 122 STAT. 4180]]

            (3) in the third sentence, by inserting ``reasonable'' after 
        ``impose a''.

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

SEC. 701. <<NOTE: 38 USC 322 note.>> 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.

[[Page 122 STAT. 4181]]

            (3) To provide training and support to national and local 
        organizations to provide Paralympic sports training to disabled 
        veterans and disabled members of the Armed Forces in their own 
        communities.
            (4) To provide support to the United States Paralympics, 
        Inc., to increase the participation of disabled veterans and 
        disabled members of the Armed Forces in sports.
SEC. 702. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ASSISTANCE 
                        TO UNITED STATES PARALYMPICS, INC.

    (a) Provision of Assistance Authorized.--Subchapter II of chapter 5 
is amended by inserting after section 521 the following new section:
``Sec. 521A. Assistance for United States Paralympics, Inc.

    ``(a) Authorization to Provide Assistance.--The Secretary may award 
grants to the United States Paralympics, Inc., to plan, develop, manage, 
and implement an integrated adaptive sports program for disabled 
veterans and disabled members of the Armed Forces.
    ``(b) Oversight by Secretary.--As a condition of receiving a grant 
under this section, the United States Paralympics, Inc., shall permit 
the Secretary to conduct such oversight of the use of grant funds as the 
Secretary determines is appropriate. The United States Paralympics, 
Inc., shall be responsible for the use of grant funds provided under 
this section.
    ``(c) Application Requirement.--(1) Before the Secretary may award a 
grant to the United States Paralympics, Inc., under this section, the 
United States Paralympics, Inc., shall submit to the Secretary an 
application that describes the activities to be carried out with the 
grant, including information on specific measurable goals and objectives 
to be achieved using grant funds.
    ``(2) The application shall include--
            ``(A) a detailed description of all partnerships referred to 
        in paragraph (3) at the national and local levels that will be 
        participating in such activities and the amount of grant funds 
        that the United States Paralympics, Inc., proposes to make 
        available for each of such partnerships; and
            ``(B) for any fiscal year for which a grant is sought, the 
        amount of private donations received by the United States 
        Paralympics, Inc., expected to be expended to support operations 
        during that fiscal year.

    ``(3) Partnerships referred to in this paragraph are agreements 
between the United States Paralympics, Inc., and organizations with 
significant experience in the training and support of disabled athletes 
and the promotion of disabled sports at the local and national levels. 
Such organizations may include Disabled Sports USA, Blaze Sports, 
Paralyzed Veterans of America, and Disabled American Veterans. The 
agreements shall detail the scope of activities and funding to be 
provided by the United States Paralympics, Inc., to the partner.
    ``(d) Use of Funds.--(1) <<NOTE: Grants.>> 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

[[Page 122 STAT. 4182]]

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

[[Page 122 STAT. 4183]]

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 <<NOTE: 38 USC 521A note.>> 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:

[[Page 122 STAT. 4184]]

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

    ``(a) Establishment.--There is in the Department an Office of 
National Veterans Sports Programs and Special Events. There is at the 
head of the Office a Director, who shall report to an appropriate 
official of the Veterans Benefits Administration, as determined by the 
Secretary, or to the Deputy Secretary or Secretary.
    ``(b) Responsibilities of Director.--Subject to the direction of the 
Secretary, the Director--
            ``(1) shall establish and carry out qualifying programs and 
        events;
            ``(2) may provide for sponsorship by the Department of 
        qualifying programs and events;
            ``(3) may provide for, facilitate, and encourage 
        participation by disabled veterans in qualifying programs and 
        events;
            ``(4) shall, to the extent feasible, cooperate with the 
        United States Paralympics, Inc., and its partners to promote the 
        participation of disabled veterans and disabled members of the 
        Armed Forces in sporting events sponsored by the United States 
        Paralympics, Inc., and its partners;
            ``(5) shall seek sponsorships and donations from the private 
        sector to defray costs of carrying out the responsibilities of 
        the Director to the maximum extent feasible; and
            ``(6) may carry out such other responsibilities as the 
        Secretary determines are appropriate.

    ``(c) Qualifying Program or Event.--For purposes of this section, a 
qualifying program or event is a sports program or other event in which 
disabled veterans and disabled members of the Armed Forces participate 
and that is approved by the Secretary as being consistent with the goals 
and missions of the Department.
    ``(d) Monthly Assistance Allowance.--(1) Subject to the availability 
of appropriations for such purpose, the Secretary may provide a monthly 
assistance allowance to a veteran with a disability invited by the 
United States Paralympics, Inc., to compete for a slot on, or selected 
for, the Paralympic Team for any month in which the veteran is training 
or competing in any event sanctioned by the United States Paralympics, 
Inc., or who is residing at a United States Paralympics, Inc., training 
center.
    ``(2) The amount of the monthly assistance payable to a veteran 
under paragraph (1) shall be equal to the monthly amount of subsistence 
allowance that would be payable to the veteran under chapter 31 of this 
title if the veteran were eligible for and entitled to rehabilitation 
under such chapter.
    ``(3) In providing assistance under this subsection, the Secretary 
shall give priority to veterans with service-connected disabilities.
    ``(4) <<NOTE: Appropriation authorization.>> 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.''.

[[Page 122 STAT. 4185]]

    (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 <<NOTE: 38 USC 5302A note.>> 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) <<NOTE: 38 USC 5317.>> is amended by striking 
``September 30, 2008'' and inserting ``September 30, 2011''.

[[Page 122 STAT. 4186]]

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

[[Page 122 STAT. 4187]]

                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 <<NOTE: Contracts.>> 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).

[[Page 122 STAT. 4188]]

        Such reports shall not be required to include a description of 
        interim results on the work under the study.
            (2) Final report.--The contract shall require the Institute 
        of Medicine to submit to the Secretary, and to appropriate 
        committees of Congress, a final report on the study by not later 
        than December 31, 2012. The final report shall include such 
        recommendations for legislative or administrative action as the 
        Institute considers appropriate in light of the results of the 
        study.

    (d) Funding.--The Secretary shall provide the Institute of Medicine 
with such funds as are necessary to ensure the timely completion of the 
study required under subsection (a).
    (e) Definitions.--In this section:
            (1) The term ``appropriate committees of Congress'' means--
                    (A) the Committee on Veterans' Affairs of the 
                Senate; and
                    (B) the Committee on Veterans' Affairs of the House 
                of Representatives.
            (2) The term ``Persian Gulf War'' has the meaning given that 
        term in section 101(33) of title 38, United States Code.
            (3) The term ``Post 9/11 Global Operations theaters'' means 
        Afghanistan, Iraq, or any other theater in which the Global War 
        on Terrorism Expeditionary Medal is awarded for service.
SEC. 805. TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR 
                        TELEPHONE SERVICE FOR CERTAIN 
                        SERVICEMEMBERS.

    (a) In General.--Title III of the Servicemembers Civil Relief Act 
(50 U.S.C. App. 531 et seq.) is amended by inserting after section 305 
the following new section:
``SEC. 305A. <<NOTE: 50 USC app. 535a.>> 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

[[Page 122 STAT. 4189]]

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 <<NOTE: 38 USC 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

[[Page 122 STAT. 4190]]

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) <<NOTE: 38 USC 2306.>> 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 <<NOTE: 38 USC 2306 note.>> Date.--The amendment made 
by this section shall apply to deaths occurring on or after the date of 
the enactment of this Act.

    Approved October 10, 2008.

LEGISLATIVE HISTORY--S. 3023:
---------------------------------------------------------------------------

SENATE REPORTS: No. 110-449 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 154 (2008):
            Sept. 16, considered and passed Senate.
            Sept. 24, considered and passed House, amended.
            Sept. 27, Senate concurred in House amendment.

                                  <all>
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