PUBLIC LAW 110–389—OCT. 10, 2008 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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Veterans’ 

Benefits Improvement Act of 2008’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Reference to title 38, United States Code. 

TITLE I—COMPENSATION AND PENSION MATTERS 

Sec. 101. Regulations on contents of notice to be provided claimants by the Department of Veterans Affairs regarding the substantiation of claims. 

Sec. 102. Judicial review of adoption and revision by the Secretary of Veterans Affairs of the schedule of ratings for disabilities of veterans. 

Sec. 103. Conforming amendment relating to non-deductibility from veterans’ disability compensation of disability severance pay for disabilities incurred 

by members of the Armed Forces in combat zones. 

Sec. 104. Report on progress of the Secretary of Veterans Affairs in addressing 

causes for variances in compensation payments for veterans for serviceconnected 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 serviceconnected 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. 

38 USC 101 note. 

Veterans’ 

Benefits 

Improvement Act 

of 2008. 

Oct. 10, 2008 

[S. 3023] 


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122 STAT. 4146 PUBLIC LAW 110–389—OCT. 10, 2008 

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 Post9/11 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. 


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Sec. 603. Recall of retired judges of the United States Court of Appeals for Veterans Claims. 

Sec. 604. Annual reports on workload of the United States Court of Appeals for 

Veterans Claims. 

Sec. 605. Additional discretion in imposition of practice and registration fees. 

TITLE VII—ASSISTANCE TO UNITED STATES PARALYMPIC INTEGRATED 

ADAPTIVE SPORTS PROGRAM 

Sec. 701. Findings and purpose. 

Sec. 702. Department of Veterans Affairs provision of assistance to United States 

Paralympics, Inc. 

Sec. 703. Department of Veterans Affairs Office of National Veterans Sports Programs and Special Events. 

Sec. 704. Comptroller General report. 

TITLE VIII—OTHER MATTERS 

Sec. 801. Authority for suspension or termination of claims of the United States 

against individuals who died while serving on active duty in the Armed 

Forces. 

Sec. 802. Three-year extension of authority to carry out income verification. 

Sec. 803. Maintenance, management, and availability for research of assets of Air 

Force Health Study. 

Sec. 804. National Academies study on risk of developing multiple sclerosis as a result of certain service in the Persian Gulf War and Post 9/11 Global Operations theaters. 

Sec. 805. Termination or suspension of contracts for cellular telephone service for 

certain servicemembers. 

Sec. 806. Contracting goals and preferences for veteran-owned small business concerns. 

Sec. 807. Penalties for violation of interest rate limitation under Servicemembers 

Civil Relief Act. 

Sec. 808. Five-year extension of sunset provision for Advisory Committee on Minority Veterans. 

Sec. 809. Authority of Secretary of Veterans Affairs to advertise to promote awareness of benefits under laws administered by the Secretary. 

Sec. 810. Memorial headstones and markers for deceased remarried surviving 

spouses of veterans. 

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

Except as otherwise expressly provided, whenever in this Act 

an amendment or repeal is expressed in terms of an amendment 

to, or repeal of, a section or other provision, the reference shall 

be considered to be made to a section or other provision of title 

38, United States Code. 

TITLE I—COMPENSATION AND PENSION 

MATTERS 

SEC. 101. REGULATIONS ON CONTENTS OF NOTICE TO BE PROVIDED 

CLAIMANTS BY THE DEPARTMENT OF VETERANS AFFAIRS 

REGARDING THE SUBSTANTIATION OF CLAIMS. 

(a) IN GENERAL.—Section 5103(a) is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘Upon receipt’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2)(A) The Secretary shall prescribe in regulations requirements relating to the contents of notice to be provided under this 

subsection. 

‘‘(B) The regulations required by this paragraph— 

‘‘(i) shall specify different contents for notice based on 

whether the claim concerned is an original claim, a claim 

for reopening a prior decision on a claim, or a claim for an 

increase in benefits; 

38 USC 5103. 


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122 STAT. 4148 PUBLIC LAW 110–389—OCT. 10, 2008 

‘‘(ii) shall provide that the contents for such notice be 

appropriate to the type of benefits or services sought under 

the claim; 

‘‘(iii) shall specify for each type of claim for benefits the 

general information and evidence required to substantiate the 

basic elements of such type of claim; and 

‘‘(iv) shall specify the time period limitations required 

pursuant to subsection (b).’’. 

(b) APPLICABILITY.—The regulations required by paragraph (2) 

of section 5103(a) of title 38, United States Code (as amended 

by subsection (a) of this section), shall apply with respect to notices 

provided to claimants on or after the effective date of such regulations. 

SEC. 102. JUDICIAL REVIEW OF ADOPTION AND REVISION BY THE 

SECRETARY OF VETERANS AFFAIRS OF THE SCHEDULE 

OF RATINGS FOR DISABILITIES OF VETERANS. 

Section 502 is amended by striking ‘‘(other than an action 

relating to the adoption or revision of the schedule of ratings for 

disabilities adopted under section 1155 of this title)’’. 

SEC. 103. CONFORMING AMENDMENT RELATING TO NON-DEDUCTIBILITY FROM VETERANS’ DISABILITY COMPENSATION OF 

DISABILITY SEVERANCE PAY FOR DISABILITIES INCURRED 

BY MEMBERS OF THE ARMED FORCES IN COMBAT ZONES. 

(a) CONFORMING AMENDMENT.—Section 1646 of the Wounded 

Warrior Act (title XVI of Public Law 110–181; 122 Stat. 472) is 

amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) CONFORMING AMENDMENT.—Section 1161 of title 38, United 

States Code, is amended by striking ‘as required by section 1212(c) 

of title 10’ and inserting ‘to the extent required by section 1212(d) 

of title 10’.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on January 28, 2008 (the date of the enactment 

of the Wounded Warrior Act), as if included in that Act, to which 

they relate. 

SEC. 104. REPORT ON PROGRESS OF THE SECRETARY OF VETERANS 

AFFAIRS IN ADDRESSING CAUSES FOR VARIANCES IN COMPENSATION PAYMENTS FOR VETERANS FOR SERVICE-CONNECTED DISABILITIES. 

(a) REPORT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Veterans Affairs 

shall submit to the Committee on Veterans’ Affairs of the Senate 

and the Committee on Veterans’ Affairs of the House of Representatives a report describing the progress of the Secretary in addressing 

the causes of unacceptable variances in compensation payments 

for veterans for service-connected disabilities. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) A description of the efforts of the Veterans Benefits 

Administration to coordinate with the Veterans Health 

Administration to improve the quality of examinations of veterans with service-connected disabilities that are performed 

by the Veterans Health Administration and contract clinicians, 

38 USC 1161 

note. 

10 USC 1212 

note. 

38 USC 502. 

38 USC 5103 

note. 


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including efforts relating to the use of approved templates 

for such examinations and of reports on such examinations 

that are based on such templates prepared in an easily-readable 

format. 

(2) An assessment of the current personnel requirements 

of the Veterans Benefits Administration, including an assessment of the adequacy of the number of personnel assigned 

to each regional office of the Administration for each type 

of claim adjudication position. 

(3) A description of the differences, if any, in current patterns of claims submitted to the Secretary of Veterans Affairs 

regarding ratings for service-connected disabilities among various populations of veterans, including veterans living in rural 

and highly rural areas, minority veterans, veterans who served 

in the National Guard or Reserve, and veterans who are retired 

from the Armed Forces, and a description and assessment 

of efforts undertaken to reduce such differences. 

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

Section 704(c) of the Veterans Benefits Act of 2003 (Public 

Law 108–183; 117 Stat. 2651; 38 U.S.C. 5101 note) is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

SEC. 106. ADDITION OF OSTEOPOROSIS TO DISABILITIES PRESUMED 

TO BE SERVICE-CONNECTED IN FORMER PRISONERS OF 

WAR WITH POST-TRAUMATIC STRESS DISORDER. 

Section 1112(b)(2) is amended by adding at the end the following new subparagraph: 

‘‘(F) Osteoporosis, if the Secretary determines that the veteran has post-traumatic stress disorder (PTSD).’’. 

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

Subtitle A—Benefits Matters 

SEC. 211. AUTHORITY FOR TEMPORARY DISABILITY RATINGS. 

(a) IN GENERAL.—Chapter 11 is amended by inserting after 

section 1155 the following new section: 

‘‘§ 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— 

38 USC 1112. 


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‘‘(I) under the regular provisions of the schedule 

of ratings; or 

‘‘(II) on the basis of individual unemployability; 

and 

‘‘(iii) has one or more— 

‘‘(I) severe disabilities that result in substantially 

gainful employment not being feasible or advisable; 

or 

‘‘(II) healed, unhealed, or incompletely healed 

wounds or injuries that make material impairment 

of employability likely. 

‘‘(B) To a veteran who, as a result of a highly stressful 

in-service event, has a mental disorder that is severe enough 

to bring about the veteran’s discharge or release from active 

duty. 

‘‘(C) To a veteran who has a service-connected disability 

that requires hospital treatment or observation in a Department 

of Veterans Affairs or approved hospital for a period in excess 

of 21 days. 

‘‘(D) To a veteran who has a service-connected disability 

that has required convalescent care or treatment at hospital 

discharge (regular discharge or release to non-bed care) or 

outpatient release that meets the requirements of regulations 

prescribed by the Secretary. 

‘‘(2) With respect to a veteran described in paragraph (1)(A), 

the Secretary may assign a temporary disability rating to such 

veteran regardless of whether such veteran has obtained a medical 

examination or a medical opinion concerning such veteran’s disability. 

‘‘(3) With respect to a veteran described in paragraph (1)(B), 

the Secretary shall schedule a medical examination for such veteran 

not later than six months after the separation or discharge of 

such veteran from active duty. 

‘‘(b) TERMINATION OF TEMPORARY DISABILITY RATINGS.—(1) 

Except as provided in paragraph (2), a temporary disability rating 

assigned to a veteran under this section shall remain in effect 

as follows: 

‘‘(A) For a veteran who is assigned a temporary disability 

rating under subsection (a)(1)(A), until the later of the date 

that is— 

‘‘(i) 12 months after the date of discharge or release 

from active duty; or 

‘‘(ii) provided in regulations prescribed by the Secretary. 

‘‘(B) For a veteran who is assigned a temporary disability 

rating under subsection (a)(1)(B), until the date on which a 

rating decision is issued to such veteran following the medical 

examination scheduled under subsection (a)(3). 

‘‘(C) For a veteran who is assigned a temporary disability 

rating under subsection (a)(1)(C), until the later of the date 

that is— 

‘‘(i) the last day of the month in which the veteran 

is discharged from the hospital as described in such subsection (a)(1)(C); or 

‘‘(ii) provided in regulations prescribed by the Secretary. 

Regulations. 

Regulations. 

Deadline. 

Regulations. 


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‘‘(D) For a veteran who is assigned a temporary disability 

rating under subsection (a)(1)(D), until the date that is provided 

in regulations prescribed by the Secretary. 

‘‘(2) The Secretary may extend a temporary disability rating 

assigned to a veteran under subsection (a) beyond the applicable 

termination date under paragraph (1) if the Secretary determines 

that such an extension is appropriate. 

‘‘(c) REGULATIONS.—The Secretary shall prescribe regulations 

to carry out the provisions of this section. 

‘‘(d) CONSTRUCTION.—Nothing in this section shall be construed 

to preclude the Secretary from providing a temporary disability 

rating under an authority other than this section.’’. 

(b) APPLICATION.—Section 1156(a)(1) of title 38, United States 

Code, as added by subsection (a), shall apply with respect to a 

veteran who is discharged or released from active duty (as defined 

in section 101 of title 38, United States Code) on or after the 

date of the enactment of this Act. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 11 is amended by inserting after the item relating 

to section 1155 the following new item: 

‘‘1156. Temporary disability ratings.’’. 

SEC. 212. SUBSTITUTION UPON DEATH OF CLAIMANT. 

(a) IN GENERAL.—Chapter 51 is amended by inserting after 

section 5121 the following new section: 

‘‘§ 5121A. Substitution in case of death of claimant 

‘‘(a) SUBSTITUTION.—(1) If a claimant dies while a claim for 

any benefit under a law administered by the Secretary, or an 

appeal of a decision with respect to such a claim, is pending, 

a living person who would be eligible to receive accrued benefits 

due to the claimant under section 5121(a) of this title may, not 

later than one year after the date of the death of such claimant, 

file a request to be substituted as the claimant for the purposes 

of processing the claim to completion. 

‘‘(2) Any person seeking to be substituted for the claimant 

shall present evidence of the right to claim such status within 

such time as prescribed by the Secretary in regulations. 

‘‘(3) Substitution under this subsection shall be in accordance 

with such regulations as the Secretary may prescribe. 

‘‘(b) LIMITATION.—Those who are eligible to make a claim under 

this section shall be determined in accordance with section 5121 

of this title.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 51 is amended by inserting after the item relating 

to section 5121 the following new item: 

‘‘5121A. Substitution in case of death of claimant.’’. 

(c) EFFECTIVE DATE.—Section 5121A of title 38, United States 

Code, as added by subsection (a), shall apply with respect to the 

claim of any claimant who dies on or after the date of the enactment 

of this Act. 

38 USC 5121A 

note. 

Regulations. 

38 USC 1156 

note. 

Regulations. 


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SEC. 213. REPORT ON COMPENSATION OF VETERANS FOR LOSS OF 

EARNING CAPACITY AND QUALITY OF LIFE AND ON LONGTERM 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: 

‘‘§ 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. 


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‘‘(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 


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Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 

the activities of the Committee under this section. 

‘‘(2) Section 14 of such Act shall not apply to the Committee.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end of the 

items relating to subchapter III the following new item: 

‘‘546. Advisory Committee on Disability Compensation.’’. 

Subtitle B—Assistance and Processing 

Matters 

SEC. 221. PILOT PROGRAMS ON EXPEDITED TREATMENT OF FULLY 

DEVELOPED CLAIMS AND PROVISION OF CHECKLISTS TO 

INDIVIDUALS SUBMITTING CLAIMS. 

(a) PILOT PROGRAM ON EXPEDITED TREATMENT OF FULLY DEVELOPED CLAIMS.— 

(1) IN GENERAL.—The Secretary of Veterans Affairs shall 

carry out a pilot program to assess the feasibility and advisability of providing expeditious treatment of fully developed 

compensation or pension claims to ensure that such claims 

are adjudicated not later than 90 days after the date on which 

such claim is submitted as fully developed. 

(2) DURATION OF PILOT PROGRAM.—The pilot program under 

this subsection shall be carried out during the one-year period 

beginning on the date that is 60 days after the date of the 

enactment of this Act. 

(3) PROGRAM LOCATIONS.—The pilot program under this 

subsection shall be carried out at 10 regional offices of the 

Department of Veterans Affairs selected by the Secretary for 

purposes of such pilot program. 

(4) FULLY DEVELOPED CLAIM DEFINED.—For purposes of 

this subsection, the term ‘‘fully developed claim’’ means a claim 

for a benefit under a law administered by the Secretary— 

(A) for which the claimant— 

(i) received assistance from a veterans service 

officer, a State or country veterans service officer, an 

agent, or an attorney; or 

(ii) submits along with the claim an appropriate 

indication that the claimant does not intend to submit 

any additional information or evidence in support of 

the claim and does not require additional assistance 

with respect to the claim; and 

(B) for which the claimant— 

(i) submits a certification in writing that is signed 

and dated by the claimant stating that, as of such 

date, no additional information or evidence is available 

or needs to be submitted in order for the claim to 

be adjudicated; and 

(ii) for which the claimant’s representative, if any, 

submits a certification in writing that is signed and 

dated by the representative stating that, as of such 

date, no additional information or evidence is available 

or needs to be submitted in order for the claim to 

be adjudicated. 

Deadline. 

38 USC 5101 

note. 


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(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. 


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(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: 

‘‘§ 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 SERVICECONNECTED 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 


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spouses and dependents described in subsection (a), including 

a statement of the rates of such compensation so payable; 

(2) an assessment of the adequacy of such payments in 

replacing the deceased veteran’s income; and 

(3) such recommendations as the Comptroller General considers appropriate in order to improve or enhance the effects 

of such payments in replacing the deceased veteran’s income. 

SEC. 224. INDEPENDENT ASSESSMENT OF QUALITY ASSURANCE PROGRAM. 

(a) IN GENERAL.—Section 7731 is amended by adding at the 

end the following new subsection: 

‘‘(c)(1) The Secretary shall enter into a contract with an independent third-party entity to conduct, during the three-year period 

beginning on the date of the enactment of the Veterans’ Benefits 

Improvement Act of 2008, an assessment of the quality assurance 

program carried out under subsection (a). 

‘‘(2) The assessment conducted under paragraph (1) shall 

evaluate the following: 

‘‘(A) The quality and accuracy of the work of employees 

of the Veterans Benefits Administration, using a statistically 

valid sample of such employees and a statistically valid sample 

of such work. 

‘‘(B) The performance of each regional office of the Veterans 

Benefits Administration. 

‘‘(C) The accuracy of the disability ratings assigned under 

the schedule for rating disabilities under section 1155 of this 

title. 

‘‘(D) The consistency of disability ratings among regional 

offices of the Veterans Benefits Administration, based on a 

sample of specific disabilities. 

‘‘(E) The performance of employees and managers of the 

Veterans Benefits Administration. 

‘‘(3) The Secretary shall develop a mechanism for the automated 

gathering and producing of data that can be used to monitor and 

assess trends relating to the items described in paragraph (2). 

‘‘(4)(A) Beginning on the date that is six months after the 

date of the enactment of the Veterans’ Benefits Improvement Act 

of 2008, the Secretary shall— 

‘‘(i) for each claim for disability compensation under laws 

administered by the Secretary submitted to the Secretary on 

or after such date, retain, monitor, and store in an accessible 

format the data described in subparagraph (B); and 

‘‘(ii) develop a demographic baseline for the data retained, 

monitored, and stored under subparagraph (A). 

‘‘(B) The data described in this subparagraph includes the 

following: 

‘‘(i) For each claim for disability compensation under laws 

administered by the Secretary submitted by a claimant— 

‘‘(I) the State in which the claimant resided when 

the claim was submitted; 

‘‘(II) the decision of the Secretary with respect to the 

claim and each issue claimed; and 

‘‘(III) the regional office and individual employee of 

the Department responsible for rating the claim. 

‘‘(ii) The State in which the claimant currently resides. 

Effective date. 

Contracts. 

Time period. 

38 USC 7731. 


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‘‘(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 threeyear 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: 

‘‘§ 7732A. Employee certification 

‘‘(a) DEVELOPMENT OF CERTIFICATION EXAMINATION.—(1) The 

Secretary shall provide for an examination of appropriate employees 

and managers of the Veterans Benefits Administration who are 

responsible for processing claims for compensation and pension 

benefits under the laws administered by the Secretary. 

‘‘(2) In developing the examination required by paragraph (1), 

the Secretary shall— 

‘‘(A) consult with appropriate individuals or entities, 

including examination development experts, interested stakeholders, and employee representatives; and 

‘‘(B) consider the data gathered and produced under section 

7731(c)(3) of this title. 

‘‘(b) EMPLOYEE AND MANAGER REQUIREMENT.—The Secretary 

shall require appropriate employees and managers of the Veterans 

Benefits Administration who are responsible for processing claims 

for compensation and pension benefits under the laws administered 

by the Secretary to take the examination provided under subsection 

(a).’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter 77 is amended by inserting after 

the item relating to section 7732 the following new item: 

‘‘7732A. Employee certification.’’. 

(3) DEADLINES FOR IMPLEMENTATION.—The Secretary of 

Veterans Affairs shall— 

(A) develop an updated certification examination 

required under section 7732A of title 38, United States 

Code, as added by subsection (a), not later than one year 

after the date of the enactment of this Act; and 

(B) begin administering such certification examination 

required under such section not later than 90 days after 

the date on which the development of such certification 

examination is complete. 

38 USC 7732A 

note. 

Consultation. 


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PUBLIC LAW 110–389—OCT. 10, 2008 122 STAT. 4159 

(b) EVALUATION OF TRAINING.—Not later than one year after 

the date of the enactment of this Act, the Comptroller General 

of the United States shall— 

(1) evaluate the training programs administered for 

employees of the Veterans Benefits Administration of the 

Department of Veterans Affairs; and 

(2) submit to the Committee on Veterans’ Affairs of the 

Senate and the Committee on Veterans’ Affairs of the House 

of Representatives a report on the findings of the Comptroller 

General with respect to the evaluation described in paragraph 

(1). 

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

(a) STUDY OF WORK CREDIT SYSTEM AND WORK MANAGEMENT

SYSTEM REQUIRED.—The Secretary of Veterans Affairs shall conduct 

a study on the effectiveness of the current employee work credit 

system and work management system of the Veterans Benefits 

Administration of the Department of Veterans Affairs, which is 

used— 

(1) to measure and manage the work production of 

employees of the Veterans Benefits Administration who handle 

claims for compensation and pension benefits; and 

(2) to evaluate more effective means of improving performance. 

(b) CONTENTS OF STUDY.—In carrying out the study under 

subsection (a), the Secretary shall consider— 

(1) measures to improve the accountability, quality, and 

accuracy for processing claims for compensation and pension 

benefits under laws administered by the Secretary that are 

adjudicated by the Veterans Benefits Administration; 

(2) accountability for claims adjudication outcomes; 

(3) the quality of claims adjudicated; 

(4) a simplified process to adjudicate claims; 

(5) the maximum use of information technology applications; 

(6) rules-based applications and tools for processing and 

adjudicating claims efficiently and effectively; 

(7) methods of reducing the time required to obtain 

information from outside sources; and 

(8) the elements needed to implement— 

(A) performance standards and accountability measures, intended to ensure that— 

(i) claims for benefits under the laws administered 

by the Secretary are processed in an objective, 

accurate, consistent, and efficient manner; and 

(ii) final decisions with respect to such claims are 

consistent and issued within the target identified in 

the most recent annual Performance and Accountability report submitted by the Secretary to Congress 

for the most recent fiscal year; 

(B) guidelines and procedures for the identification 

and prompt processing of such claims that are ready to 

rate upon submittal; 

(C) guidelines and procedures for the identification 

and prompt processing of such claims submitted by severely 

38 USC 5101 

note. 

Reports. 

Deadline. 


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injured and very severely injured veterans, as determined 

by the Secretary; and 

(D) requirements for assessments of claims processing 

at each regional office for the purpose of producing lessons 

learned and best practices. 

(c) REPORT TO CONGRESS.—Not later than October 31, 2009, 

the Secretary shall submit to Congress a report on— 

(1) the study conducted under subsection (a); and 

(2) the components required to implement the updated 

system for evaluating employees of the Veterans Benefits 

Administration required under subsection (d). 

(d) EVALUATION OF CERTAIN VETERANS BENEFITS ADMINISTRATION EMPLOYEES RESPONSIBLE FOR PROCESSING CLAIMS FOR COMPENSATION AND PENSION BENEFITS.—Not later than 210 days after 

the date on which the Secretary submits to Congress the report 

required under subsection (c), the Secretary shall establish an 

updated system for evaluating the performance and accountability 

of employees of the Veterans Benefits Administration who are 

responsible for processing claims for compensation or pension benefits. Such system shall be based on the findings of the study 

conducted by the Secretary under subsection (a). 

SEC. 227. REVIEW AND ENHANCEMENT OF USE OF INFORMATION 

TECHNOLOGY IN VETERANS BENEFITS ADMINISTRATION. 

(a) REVIEW AND COMPREHENSIVE PLAN.—Not later than one 

year after the date of the enactment of this Act, the Secretary 

of Veterans Affairs shall— 

(1) conduct a review of the use of information technology 

in the Veterans Benefits Administration with respect to the 

processing of claims for compensation and pension benefits; 

and 

(2) develop a comprehensive plan for the use of such technology in processing such claims so as to reduce subjectivity, 

avoidable remands, and regional office variances in disability 

ratings for specific disabilities. 

(b) INFORMATION TECHNOLOGY.—The plan developed under subsection (a)(2) shall include the following: 

(1) The use of rules-based processing or information technology systems utilizing automated decision support software 

at all levels of processing such claims. 

(2) The enhancement of the use of information technology 

for all aspects of the claims process. 

(3) Development of a technological platform that— 

(A) allows for the use of information that members 

of the Armed Forces, veterans, and dependents have submitted electronically, including uploaded military records, 

medical evidence, and other appropriate documentation; 

and 

(B) to the extent practicable— 

(i) provides the capability to such members, veterans, and dependents to view applications for benefits 

submitted online; and 

(ii) complies with the provisions of subchapter III 

of chapter 35 of title 44, United States Code, section 

552a of title 5, United States Code, and other relevant 

security policies and guidelines. 

Deadline. 

38 USC 5101 

note. 

Deadline. 


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(4) The use of electronic examination templates in conjunction with the schedule for rating disabilities under section 

1155 of title 38, United States Code. 

(5) Such changes as may be required to the electronic 

health record system of the Department of Veterans Affairs 

and the Department of Defense to ensure that Veterans Benefits Administration claims examiners can access the available 

electronic medical information of the Department of Veterans 

Affairs and the Department of Defense. 

(6) The provision of bi-directional access to medical records 

and service records between the Department of Veterans Affairs 

and the Department of Defense. 

(7) The availability, on a secure Internet website of the 

Department of Veterans Affairs, of a portal that can be used 

by a claimant to check on the status of any claim submitted 

by that claimant and that provides information, if applicable, 

on— 

(A) whether a decision has been reached with respect 

to such a claim and notice of the decision; or 

(B) if no such decision has been reached, notice of— 

(i) whether the application submitted by the claimant is complete; 

(ii) whether the Secretary requires additional 

information or evidence to substantiate the claim; 

(iii) the estimated date on which a decision with 

respect to the claim is expected to be made; and 

(iv) the stage at which the claim is being processed 

as of the date on which such status is checked. 

(c) REVIEW OF BEST PRACTICES AND LESSONS LEARNED.—In 

carrying out this section, the Secretary shall review— 

(1) best practices and lessons learned within the Department of Veterans Affairs; and 

(2) the use of the technology known as ‘‘VistA’’ by other 

Government entities and private sector organizations who 

employ information technology and automated decision support 

software. 

(d) REDUCTION OF CLAIMS PROCESSING TIME.—In carrying out 

this section, the Secretary shall ensure that a plan is developed 

that, not later than three years after implementation, includes 

information technology to the extent possible to reduce the processing time for each compensation and pension claim processed 

by the Veterans Benefits Administration. The performance for 

claims processing under this plan shall be adjusted for changes 

to the numbers of claims filed in a given period, the complexity 

of those claims, and any changes to the basic claims processing 

rules which occur during the assessment period. 

(e) CONSULTATION.—In carrying out this section, the Secretary 

of Veterans Affairs shall consult with information technology 

designers at the Veterans Benefits Administration, the Veterans 

Health Administration, VistA managers, the Secretary of Defense, 

appropriate officials of other Government agencies, appropriate 

individuals in the private and public sectors, veterans service 

organizations, and other relevant service organizations. 

(f) REPORT TO CONGRESS.—Not later than April 1, 2010, the 

Secretary shall submit to Congress a report on the review and 

comprehensive plan required under this section. 

Deadline. 


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

ADVICE. 

(a) STUDY.—The Secretary of Veterans Affairs shall conduct 

a study— 

(1) to assess the feasibility and advisability of various 

mechanisms to improve communication between the Veterans 

Benefits Administration and the Veterans Health Administration to provide Veterans Benefits Administration employees 

with access to medical advice from the Veterans Health 

Administration when needed by such employees to carry out 

their duties; and 

(2) to evaluate whether additional medical professionals 

are necessary to provide the access described in paragraph 

(1). 

(b) REPORT TO CONGRESS.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary shall submit to 

Congress a report on the study conducted under subsection (a). 

TITLE III—LABOR AND EDUCATION 

MATTERS 

Subtitle A—Labor and Employment 

Matters 

SEC. 311. REFORM OF USERRA COMPLAINT PROCESS. 

(a) NOTIFICATION OF RIGHTS WITH RESPECT TO COMPLAINTS.— 

Subsection (c) of section 4322 is amended to read as follows: 

‘‘(c)(1) Not later than five days after the Secretary receives 

a complaint submitted by a person under subsection (a), the Secretary shall notify such person in writing of his or her rights 

with respect to such complaint under this section and section 4323 

or 4324, as the case may be. 

‘‘(2) The Secretary shall, upon request, provide technical assistance to a potential claimant with respect to a complaint under 

this subsection, and when appropriate, to such claimant’s 

employer.’’. 

(b) NOTIFICATION OF RESULTS OF INVESTIGATION IN WRITING.— 

Subsection (e) of such section is amended by inserting ‘‘in writing’’ 

after ‘‘submitted the complaint’’. 

(c) EXPEDITION OF ATTEMPTS TO INVESTIGATE AND RESOLVE

COMPLAINTS.—Section 4322 is further amended— 

(1) by redesignating subsection (f) as subsection (g); and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) Any action required by subsections (d) and (e) with respect 

to a complaint submitted by a person to the Secretary under subsection (a) shall be completed by the Secretary not later than 

90 days after receipt of such complaint.’’. 

(d) EXPEDITION OF REFERRALS.— 

(1) EXPEDITION OF REFERRALS TO ATTORNEY GENERAL.— 

Section 4323(a)(1) is amended by inserting ‘‘Not later than 

60 days after the Secretary receives such a request with respect 

to a complaint, the Secretary shall refer the complaint to the 

Attorney General.’’ after ‘‘to the Attorney General.’’. 

38 USC 4322. 

Deadlines. 


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(2) EXPEDITION OF REFERRALS TO SPECIAL COUNSEL.—Section 4324(a)(1) is amended by striking ‘‘The Secretary shall 

refer’’ and inserting ‘‘Not later than 60 days after the date 

the Secretary receives such a request, the Secretary shall refer’’. 

(e) NOTIFICATION OF REPRESENTATION.— 

(1) NOTIFICATION BY ATTORNEY GENERAL.—Section 4323(a) 

is further amended— 

(A) by redesignating paragraph (2) as paragraph (3); 

and 

(B) by inserting after paragraph (1) the following new 

paragraph (2): 

‘‘(2) Not later than 60 days after the date the Attorney General 

receives a referral under paragraph (1), the Attorney General 

shall— 

‘‘(A) make a decision whether to appear on behalf of, and 

act as attorney for, the person on whose behalf the complaint 

is submitted; and 

‘‘(B) notify such person in writing of such decision.’’. 

(2) NOTIFICATION BY SPECIAL COUNSEL.—Subparagraph (B) 

of section 4324(a)(2) is amended to read as follows: 

‘‘(B) Not later than 60 days after the date the Special Counsel 

receives a referral under paragraph (1), the Special Counsel shall— 

‘‘(i) make a decision whether to represent a person before 

the Merit Systems Protection Board under subparagraph (A); 

and 

‘‘(ii) notify such person in writing of such decision.’’. 

(f) DEADLINES, STATUTES OF LIMITATIONS, AND RELATED MATTERS.— 

(1) IN GENERAL.—Subchapter III of chapter 43 is amended 

by adding at the end the following new section: 

‘‘§ 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 

38 USC 4324. 


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122 STAT. 4164 PUBLIC LAW 110–389—OCT. 10, 2008 

Attorney General, the Special Counsel, or a person under section 4323 or 4324 of this title. 

‘‘(2) If the Secretary, the Attorney General, or the Special 

Counsel is unable to meet a deadline applicable to such official 

in section 4322(f), 4323(a)(1), 4323(a)(2), 4324(a)(1), or 4324(a)(2)(B) 

of this title, and the person agrees to an extension of time, the 

Secretary, the Attorney General, or the Special Counsel, as the 

case may be, shall complete the required action within the additional period of time agreed to by the person. 

‘‘(b) INAPPLICABILITY OF STATUTES OF LIMITATIONS.—If any person seeks to file a complaint or claim with the Secretary, the 

Merit Systems Protection Board, or a Federal or State court under 

this chapter alleging a violation of this chapter, there shall be 

no limit on the period for filing the complaint or claim.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 43 is amended by inserting after the 

item relating to section 4326 the following new item: 

‘‘4327. Noncompliance of Federal officials with deadlines; inapplicability of statutes 

of limitations.’’. 

(3) CONFORMING AMENDMENT.—Section 4323 is further 

amended— 

(A) by striking subsection (i); and 

(B) by redesignating subsection (j) as subsection (i). 

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

(a) DATE OF ANNUAL REPORTS.—Section 4332 is amended by 

striking ‘‘and no later than February 1, 2005’’ and all that follows 

through the ‘‘such February 1:’’ and inserting ‘‘, transmit to Congress not later than July 1 each year a report on matters for 

the fiscal year ending in the year before the year in which such 

report is transmitted as follows:’’. 

(b) MODIFICATION OF ANNUAL REPORTS BY SECRETARY.—Such 

section is further amended— 

(1) by striking ‘‘The Secretary shall’’ and inserting ‘‘(a) 

ANNUAL REPORT BY SECRETARY.—The Secretary shall’’; 

(2) in paragraph (3), by inserting before the period at 

the end the following: ‘‘and the number of actions initiated 

by the Office of Special Counsel before the Merit Systems 

Protection Board pursuant to section 4324 during such fiscal 

year’’; 

(3) by redesignating paragraphs (6) and (7) as paragraphs 

(9) and (10), respectively; 

(4) by inserting after paragraph (5) the following new paragraph (8): 

‘‘(8) With respect to the cases reported on pursuant to 

paragraphs (1), (2), (3), (4), and (5) the number of such cases 

that involve persons with different occupations or persons 

seeking different occupations, as designated by the Standard 

Occupational Classification System.’’. 

(5) by redesignating paragraph (5) as paragraph (7); 

(6) by inserting after paragraph (4) the following new paragraphs (5) and (6): 

‘‘(5) The number of cases reviewed by the Secretary and 

the Secretary of Defense through the National Committee for 

Employer Support of the Guard and Reserve of the Department 

of Defense that involve the same person. 

38 USC 4323. 


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‘‘(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 disabilityrelated 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: 


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(1) An assessment of the reliability of the data contained 

in the reports submitted under subsection (b) of section 4332 

of title 38, United States Code (as amended by subsection 

(c) of this section), as of the date of such report. 

(2) An assessment of the timeliness of the reports submitted 

under subsection (b) of section 4332 of title 38, United States 

Code (as so amended), as of such date. 

(3) The extent to which the Secretary of Labor is meeting 

the timeliness requirements of subsections (c)(1) and (f) of 

section 4322 of title 38, United States Code (as amended by 

section 311 of this Act), and section 4323(a)(1) of title 38, 

United States Code (as so amended), as of the date of such 

report. 

(4) The extent to which the Attorney General is meeting 

the timeliness requirements of section 4323(a)(2) of title 38, 

United States Code (as amended by section 311 of this Act), 

as of the date of such report. 

(5) The extent to which the Special Counsel is meeting 

the timeliness requirements of section 4324(a)(2)(B) of title 

38, United States Code (as amended by section 311 of this 

Act), as of the date of such report. 

(f) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to each report required under section 

4332 of title 38, United States Code (as amended by this section), 

after the date of the enactment of this Act. 

SEC. 313. TRAINING FOR EXECUTIVE BRANCH HUMAN RESOURCES 

PERSONNEL ON EMPLOYMENT AND REEMPLOYMENT 

RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES. 

(a) TRAINING REQUIRED.—Subchapter IV of chapter 43 is 

amended by adding at the end the following new section: 

‘‘§ 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.’’. 

38 USC 4332 

note. 


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(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 43 is amended by adding at the end the following 

new item: 

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

SEC. 314. REPORT ON THE EMPLOYMENT NEEDS OF NATIVE AMERICAN 

VETERANS LIVING ON TRIBAL LANDS. 

(a) REPORT.—Not later than December 1, 2009, the Secretary 

of Labor shall, in consultation with the Secretary of Veterans Affairs 

and the Secretary of the Interior, submit to the Committee on 

Veterans’ Affairs of the Senate and the Committee on Veterans’ 

Affairs of the House of Representatives a report assessing the 

employment needs of Native American (American Indian, Alaska 

Native, Native Hawaiian, and Pacific Islander) veterans living on 

tribal lands, including Indian reservations, Alaska Native villages, 

and Hawaiian Home Lands. The report shall include— 

(1) a review of current and prior government-to-government 

relationships between tribal organizations and the Veterans’ 

Employment and Training Service of the Department of Labor; 

and 

(2) recommendations for improving employment and job 

training opportunities for Native American veterans on tribal 

land, especially through the utilization of resources for veterans. 

(b) TRIBAL ORGANIZATION DEFINED.—In this section, the term 

‘‘tribal organization’’ has the meaning given such term in section 

3765(4) of title 38, United States Code. 

SEC. 315. EQUITY POWERS. 

Section 4323(e) of title 38, United States Code, is amended 

by striking ‘‘may use’’ and inserting ‘‘shall use, in any case in 

which the court determines it is appropriate,’’. 

SEC. 316. WAIVER OF RESIDENCY REQUIREMENT FOR DIRECTORS FOR 

VETERANS’ EMPLOYMENT AND TRAINING. 

Section 4103(a)(2) is amended— 

(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(B) The Secretary may waive the requirement in subparagraph 

(A) with respect to a Director for Veterans’ Employment and 

Training if the Secretary determines that the waiver is in the 

public interest. Any such waiver shall be made on a case-by-case 

basis.’’. 

SEC. 317. MODIFICATION OF SPECIAL UNEMPLOYMENT STUDY TO 

COVER VETERANS OF POST 9/11 GLOBAL OPERATIONS. 

(a) MODIFICATION OF STUDY.—Subsection (a)(1) of section 4110A 

is amended— 

(1) in the matter before subparagraph (A), by striking 

‘‘a study every two years’’ and inserting ‘‘an annual study’’; 

and 

(2) by striking subparagraphs (A) through (E) and inserting 

the following new subparagraphs: 

‘‘(A) Veterans who were called to active duty while members 

of the National Guard or a Reserve Component. 

‘‘(B) Veterans who served in combat or in a war zone 

in the Post 9/11 Global Operations theaters. 

38 USC 4103. 


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‘‘(C) Veterans who served on active duty during the Post 

9/11 Global Operations period who did not serve in the Post 

9/11 Global Operations theaters. 

‘‘(D) Veterans of the Vietnam era who served in the 

Vietnam theater of operations during the Vietnam era. 

‘‘(E) Veterans who served on active duty during the 

Vietnam era who did not serve in the Vietnam theater of 

operations. 

‘‘(F) Veterans discharged or released from active duty 

within four years of the applicable study. 

‘‘(G) Special disabled veterans.’’. 

(b) DEFINITIONS.—Such section is further amended by adding 

at the end the following new subsection: 

‘‘(c) In this section: 

‘‘(1) The term ‘Post 9/11 Global Operations period’ means 

the period of the Persian Gulf War beginning on September 

11, 2001, and ending on the date thereafter prescribed by 

Presidential proclamation or law. 

‘‘(2) The term ‘Post 9/11 Global Operations theaters’ means 

Afghanistan, Iraq, or any other theater in which the Global 

War on Terrorism Expeditionary Medal is awarded for service.’’. 

Subtitle B—Education Matters 

SEC. 321. MODIFICATION OF PERIOD OF ELIGIBILITY FOR SURVIVORS’ 

AND DEPENDENTS’ EDUCATIONAL ASSISTANCE OF CERTAIN SPOUSES OF INDIVIDUALS WITH SERVICE-CONNECTED DISABILITIES TOTAL AND PERMANENT IN 

NATURE. 

Section 3512(b)(1) is amended— 

(1) in subparagraph (A), by striking ‘‘subparagraph (B) 

or (C)’’ and inserting ‘‘subparagraph (B), (C), or (D)’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(D) Notwithstanding subparagraph (A), an eligible person 

referred to in that subparagraph who is made eligible under section 

3501(a)(1)(D)(i) of this title by reason of a service-connected disability that was determined to be a total disability permanent 

in nature not later than three years after discharge from service 

may be afforded educational assistance under this chapter during 

the 20-year period beginning on the date the disability was so 

determined to be a total disability permanent in nature, but only 

if the eligible person remains the spouse of the disabled person 

throughout the period.’’. 

SEC. 322. REPEAL OF REQUIREMENT FOR REPORT TO THE SECRETARY 

OF VETERANS AFFAIRS ON PRIOR TRAINING. 

Section 3676(c)(4) is amended by striking ‘‘and the Secretary’’. 

SEC. 323. MODIFICATION OF WAITING PERIOD BEFORE AFFIRMATION 

OF ENROLLMENT IN A CORRESPONDENCE COURSE. 

Section 3686(b) is amended by striking ‘‘ten’’ and inserting 

‘‘five’’. 

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

Section 3691(d) is amended— 

Deadline. 

38 USC 3512. 


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(1) by redesignating paragraphs (1), (2), (3), and (4) as 

subparagraphs (A), (B), (C), and (D), respectively; 

(2) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

(3) in subparagraph (C) of paragraph (1), as redesignated 

by paragraphs (1) and (2) of this section, by striking ‘‘or’’ 

at the end; 

(4) in subparagraph (D) of paragraph (1), as so redesignated, by striking the period at the end and inserting ‘‘; or’’; 

and 

(5) by adding at the end the following: 

‘‘(E) the change from the program to another program 

is at the same educational institution and such educational 

institution determines that the new program is suitable to 

the aptitudes, interests, and abilities of the veteran or eligible 

person and certifies to the Secretary the enrollment of the 

veteran or eligible person in the new program. 

‘‘(2) A veteran or eligible person undergoing a change from 

one program of education to another program of education as 

described in paragraph (1)(E) shall not be required to apply to 

the Secretary for approval of such change.’’. 

SEC. 325. REPEAL OF CERTIFICATION REQUIREMENT WITH RESPECT 

TO APPLICATIONS FOR APPROVAL OF SELF-EMPLOYMENT 

ON-JOB TRAINING. 

Section 3677(b) is amended by adding at the end the following 

new paragraph: 

‘‘(3) The requirement for certification under paragraph (1) shall 

not apply to training described in section 3452(e)(2) of this title.’’. 

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

(a) COORDINATION.— (1) IN GENERAL.—Section 3673 is amended— 

(A) by redesignating subsection (b) as subsection (c); 

and 

(B) by inserting after subsection (a) the following new 

subsection (b): 

‘‘(b) COORDINATION OF ACTIVITIES.—The Secretary shall take 

appropriate actions to ensure the coordination of approval activities 

performed by State approving agencies under this chapter and 

chapters 34 and 35 of this title and approval activities performed 

by the Department of Labor, the Department of Education, and 

other entities in order to reduce overlap and improve efficiency 

in the performance of such activities.’’. 

(2) CONFORMING AND CLERICAL AMENDMENTS.—(A) The 

heading of such section is amended to read as follows: 

‘‘§ 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 

38 USC 3677. 


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(B) in subsection (c), as redesignated by paragraph 

(1)(A) of this subsection, by inserting ‘‘AVAILABILITY OF

INFORMATION MATERIAL.—’’ after ‘‘(c)’’. 

(b) REPORT.—Not later than 240 days after the date of the 

enactment of this Act, the Secretary of Veterans Affairs shall submit 

to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report 

setting forth the following: 

(1) The actions taken to establish outcome-oriented 

performance standards for State approving agencies created 

or designated under section 3671 of title 38, United States 

Code, including a description of any plans for, and the status 

of the implementation of, such standards as part of the evaluations of State approving agencies required by section 3674A 

of title 38, United States Code. 

(2) The actions taken to implement a tracking and reporting 

system for resources expended for approval and outreach activities by such agencies. 

(3) Any recommendations for legislative action that the 

Secretary considers appropriate to achieve the complete 

implementation of the standards described in paragraph (1). 

Subtitle C—Vocational Rehabilitation 

Matters 

SEC. 331. WAIVER OF 24-MONTH LIMITATION ON PROGRAM OF INDEPENDENT LIVING SERVICES AND ASSISTANCE FOR VETERANS WITH A SEVERE DISABILITY INCURRED IN THE 

POST-9/11 GLOBAL OPERATIONS PERIOD. 

Section 3105(d) is amended— 

(1) by striking ‘‘Unless the Secretary’’ and all that follows 

through ‘‘the period of a program’’ and inserting ‘‘(1) Except 

as provided in paragraph (2), the period of a program’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2)(A) The period of a program of independent living services 

and assistance for a veteran under this chapter may exceed twentyfour 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 Post9/11 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’’. 

38 USC 3105. 


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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: 


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(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: 

‘‘§ 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. 


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‘‘(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 

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(3) Any financial strain incurred by family members of 

members of the Armed Forces who have severe and acute 

post-traumatic stress disorder. 

(4) The recovery time, and any particular difficulty of the 

recovery process, for recovery from severe and acute post-traumatic stress disorder. 

(5) Such other matters as the Secretary considers appropriate. 

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services and the Committee 

on Veterans’ Affairs of the Senate; and 

(2) the Committee on Armed Services and the Committee 

on Veterans’ Affairs of the House of Representatives. 

SEC. 402. TREATMENT OF STILLBORN CHILDREN AS INSURABLE 

DEPENDENTS UNDER SERVICEMEMBERS’ GROUP LIFE 

INSURANCE. 

(a) TREATMENT.—Section 1965(10) is amended by adding at 

the end the following new subparagraph: 

‘‘(C) The member’s stillborn child.’’. 

(b) CONFORMING AMENDMENT.—Section 101(4)(A) is amended 

by striking ‘‘section 1965(10)(B)’’ in the matter preceding clause 

(i) and inserting ‘‘subparagraph (B) or (C) of section 1965(10)’’. 

SEC. 403. OTHER ENHANCEMENTS OF SERVICEMEMBERS’ GROUP LIFE 

INSURANCE COVERAGE. 

(a) EXPANSION OF SERVICEMEMBERS’ GROUP LIFE INSURANCE

TO INCLUDE CERTAIN MEMBERS OF INDIVIDUAL READY RESERVE.— 

(1) IN GENERAL.—Section 1967(a)(1)(C) is amended by 

striking ‘‘section 1965(5)(B) of this title’’ and inserting ‘‘subparagraph (B) or (C) of section 1965(5) of this title’’. 

(2) CONFORMING AMENDMENTS.— 

(A) Section 1967(a)(5)(C) is amended by striking ‘‘section 1965(5)(B) of this title’’ and inserting ‘‘subparagraph 

(B) or (C) of section 1965(5) of this title’’; and 

(B) Section 1969(g)(1)(B) is amended by striking ‘‘section 1965(5)(B) of this title’’ and inserting ‘‘subparagraph 

(B) or (C) of section 1965(5) of this title’’. 

(b) REDUCTION IN PERIOD OF DEPENDENTS’ COVERAGE AFTER

MEMBER SEPARATES.—Section 1968(a)(5)(B)(ii) is amended by 

striking ‘‘120 days after’’. 

(c) AUTHORITY TO SET PREMIUMS FOR READY RESERVISTS’ 

SPOUSES.—Section 1969(g)(1)(B) is amended by striking ‘‘(which 

shall be the same for all such members)’’. 

(d) FORFEITURE OF VETERANS’ GROUP LIFE INSURANCE.—Section 

1973 is amended by striking ‘‘under this subchapter’’ and inserting 

‘‘and Veterans’ Group Life Insurance under this subchapter’’. 

(e) EFFECTIVE AND APPLICABILITY DATES.— 

(1) The amendments made by subsection (a) shall take 

effect on the date of the enactment of this Act. 

(2) The amendment made by subsection (b) shall apply 

with respect to Servicemembers’ Group Life Insurance coverage 

for an insurable dependent of a member, as defined in section 

1965(10) of title 38, United States Code (as amended by section 

402 of this Act), that begins on or after the date of the enactment of this Act. 

38 USC 1968 

note. 

38 USC 1967 

note. 

38 USC 1965. 


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(3) The amendment made by subsection (c) shall take effect 

as if enacted on June 5, 2001, immediately after the enactment 

of the Veterans’ Survivor Benefits Improvements Act of 2001 

(Public Law 107–14; 115 Stat. 25). 

(4) The amendment made by subsection (d) shall apply 

with respect to any act of mutiny, treason, spying, or desertion 

committed on or after the date of the enactment of this Act 

for which a person is found guilty, or with respect to refusal 

because of conscientious objections to perform service in, or 

to wear the uniform of, the Armed Forces on or after the 

date of the enactment of this Act. 

SEC. 404. ADMINISTRATIVE COSTS OF SERVICE DISABLED VETERANS’ 

INSURANCE. 

Section 1922(a) is amended by striking ‘‘directly from such 

fund’’ and inserting ‘‘directly from such fund; and (5) administrative 

costs to the Government for the costs of the program of insurance 

under this section shall be paid from premiums credited to the 

fund under paragraph (4), and payments for claims against the 

fund under paragraph (4) for amounts in excess of amounts credited 

to such fund under that paragraph (after such administrative costs 

have been paid) shall be paid from appropriations to the fund’’. 

TITLE V—HOUSING MATTERS 

SEC. 501. TEMPORARY INCREASE IN MAXIMUM LOAN GUARANTY 

AMOUNT FOR CERTAIN HOUSING LOANS GUARANTEED BY 

SECRETARY OF VETERANS AFFAIRS. 

Notwithstanding subparagraph (C) of section 3703(a)(1) of title 

38, United States Code, for purposes of any loan described in 

subparagraph (A)(i)(IV) of such section that is originated during 

the period beginning on the date of the enactment of this Act 

and ending on December 31, 2011, the term ‘‘maximum guaranty 

amount’’ shall mean an amount equal to 25 percent of the higher 

of— 

(1) the limitation determined under section 305(a)(2) of 

the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 

1454(a)(2)) for the calendar year in which the loan is originated 

for a single-family residence; or 

(2) 125 percent of the area median price for a singlefamily 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. 

38 USC 3703 

note. 

38 USC 1922. 

38 USC 1973 

note. 

38 USC 1969 

note. 


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(2) An assessment of the effects of any lag or delay in 

the adjudication by the Secretary of claims of veterans for 

disability compensation on the capacity of veterans to maintain 

adequate or suitable housing. 

(3) A description of the extent to which the provisions 

of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 

et seq.) protect veterans from mortgage foreclosure, and an 

assessment of the adequacy of such protections. 

(4) A description and assessment of the adequacy of the 

home loan guaranty programs of the Department of Veterans 

Affairs, including the authorities of such programs and the 

assistance provided individuals in the utilization of such programs, in preventing foreclosure for veterans recently separated 

from the Armed Forces, and for members of the Armed Forces, 

who have home loans guaranteed by the Secretary. 

SEC. 503. REQUIREMENT FOR REGULAR UPDATES TO HANDBOOK FOR 

DESIGN FURNISHED TO VETERANS ELIGIBLE FOR SPECIALLY ADAPTED HOUSING ASSISTANCE BY SECRETARY 

OF VETERANS AFFAIRS. 

Section 2103 is amended— 

(1) by striking ‘‘The Secretary’’ and inserting ‘‘(a) PLANS

AND SPECIFICATIONS.—The Secretary’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) HANDBOOK FOR DESIGN.—The Secretary shall make available to veterans eligible for assistance under this chapter, without 

cost to the veterans, a handbook containing appropriate designs 

for specially adapted housing. The Secretary shall update such 

handbook at least once every six years to take into account any 

new or unique disabilities, including vision impairments, impairments specific to the upper limbs, and burn injuries.’’. 

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

(a) INCLUSION OF REFINANCING LOANS AMONG LOANS SUBJECT

TO GUARANTY MAXIMUM.—Section 3703(a)(1)(A)(i)(IV) is amended 

by inserting ‘‘(5),’’ after ‘‘(3),’’. 

(b) INCREASE IN MAXIMUM PERCENTAGE OF LOAN-TO-VALUE OF

REFINANCING LOANS SUBJECT TO GUARANTY.—Section 3710(b)(8) 

is amended by striking ‘‘90 percent’’ and inserting ‘‘100 percent’’. 

SEC. 505. EXTENSION OF CERTAIN VETERANS HOME LOAN GUARANTY 

PROGRAMS. 

(a) EXTENSION OF DEMONSTRATION PROJECT ON ADJUSTABLE

RATE MORTGAGES.—Section 3707(a) of title 38, United States Code, 

is amended by striking ‘‘2008’’ and inserting ‘‘2012’’. 

(b) EXTENSION OF DEMONSTRATION PROJECT ON HYBRID ADJUSTABLE RATE MORTGAGES.—Section 3707A(a) of such title is amended 

by striking ‘‘2008’’ and inserting ‘‘2012’’. 

TITLE VI—COURT MATTERS 

SEC. 601. TEMPORARY INCREASE IN NUMBER OF AUTHORIZED JUDGES 

OF THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. 

Section 7253 is amended by adding at the end the following 

new subsection: 

Deadline. 

38 USC 2103. 


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‘‘(i) ADDITIONAL TEMPORARY EXPANSION OF COURT.—(1) Subject 

to paragraph (2), effective as of December 31, 2009, the authorized 

number of judges of the Court specified in subsection (a) is increased 

by two. 

‘‘(2) Effective as of January 1, 2013, an appointment may not 

be made to the Court if the appointment would result in there 

being more judges of the Court than the authorized number of 

judges of the Court specified in subsection (a).’’. 

SEC. 602. PROTECTION OF PRIVACY AND SECURITY CONCERNS IN 

COURT RECORDS. 

Section 7268 is amended by adding at the end the following 

new subsection: 

‘‘(c)(1) The Court shall prescribe rules, in accordance with section 7264(a) of this title, to protect privacy and security concerns 

relating to all filing of documents and the public availability under 

this subsection of documents retained by the Court or filed electronically with the Court. 

‘‘(2) The rules prescribed under paragraph (1) shall be consistent to the extent practicable with rules addressing privacy and 

security issues throughout the Federal courts. 

‘‘(3) The rules prescribed under paragraph (1) shall take into 

consideration best practices in Federal and State courts to protect 

private information or otherwise maintain necessary information 

security.’’. 

SEC. 603. RECALL OF RETIRED JUDGES OF THE UNITED STATES COURT 

OF APPEALS FOR VETERANS CLAIMS. 

(a) REPEAL OF LIMIT ON SERVICE OF RECALLED RETIRED JUDGES

WHO VOLUNTARILY SERVE MORE THAN 90 DAYS.—Section 7257(b)(2) 

is amended by striking ‘‘or for more than a total of 180 days 

(or the equivalent) during any calendar year’’. 

(b) NEW JUDGES RECALLED AFTER RETIREMENT RECEIVE PAY

OF CURRENT JUDGES ONLY DURING PERIOD OF RECALL.— (1) IN GENERAL.—Section 7296(c) is amended by striking 

paragraph (1) and inserting the following new paragraph: 

‘‘(1)(A) A judge who is appointed on or after the date of the 

enactment of the Veterans’ Benefits Improvement Act of 2008 and 

who retires under subsection (b) and elects under subsection (d) 

to receive retired pay under this subsection shall (except as provided 

in paragraph (2)) receive retired pay as follows: 

‘‘(i) In the case of a judge who is a recall-eligible retired 

judge under section 7257 of this title, the retired pay of the 

judge shall (subject to section 7257(d)(2) of this title) be the 

rate of pay applicable to that judge at the time of retirement, 

as adjusted from time to time under subsection (f)(3). 

‘‘(ii) In the case of a judge other than a recall-eligible 

retired judge, the retired pay of the judge shall be the rate 

of pay applicable to that judge at the time of retirement. 

‘‘(B) A judge who retired before the date of the enactment 

of the Veterans’ Benefits Improvement Act of 2008 and elected 

under subsection (d) to receive retired pay under this subsection, 

or a judge who retires under subsection (b) and elects under subsection (d) to receive retired pay under this subsection, shall (except 

as provided in paragraph (2)) receive retired pay as follows: 

‘‘(i) In the case of a judge who is a recall-eligible retired 

judge under section 7257 of this title or who was a recalleligible retired judge under that section and was removed from 

38 USC 7257. 

Regulations. 

Effective dates. 


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recall status under subsection (b)(4) of that section by reason 

of disability, the retired pay of the judge shall be the pay 

of a judge of the court. 

‘‘(ii) In the case of a judge who at the time of retirement 

did not provide notice under section 7257 of this title of availability for service in a recalled status, the retired pay of the 

judge shall be the rate of pay applicable to that judge at 

the time of retirement. 

‘‘(iii) In the case of a judge who was a recall-eligible retired 

judge under section 7257 of this title and was removed from 

recall status under subsection (b)(3) of that section, the retired 

pay of the judge shall be the pay of the judge at the time 

of the removal from recall status.’’. 

(2) COST-OF-LIVING ADJUSTMENT FOR RETIRED PAY OF NEW

JUDGES WHO ARE RECALL-ELIGIBLE.—Section 7296(f)(3)(A) is 

amended by striking ‘‘paragraph (2) of subsection (c)’’ and 

inserting ‘‘paragraph (1)(A)(i) or (2) of subsection (c)’’. 

(3) PAY DURING PERIOD OF RECALL.—Subsection (d) of section 7257 is amended to read as follows: 

‘‘(d)(1) The pay of a recall-eligible retired judge to whom section 

7296(c)(1)(B) of this title applies is the pay specified in that section. 

‘‘(2) A judge who is recalled under this section who retired 

under chapter 83 or 84 of title 5 or to whom section 7296(c)(1)(A) 

of this title applies shall be paid, during the period for which 

the judge serves in recall status, pay at the rate of pay in effect 

under section 7253(e) of this title for a judge performing active 

service, less the amount of the judge’s annuity under the applicable 

provisions of chapter 83 or 84 of title 5 or the judge’s annuity 

under section 7296(c)(1)(A) of this title, whichever is applicable.’’. 

(4) NOTICE.—The last sentence of section 7257(a)(1) is 

amended to read as follows: ‘‘Such a notice provided by a 

retired judge to whom section 7296(c)(1)(B) of this title applies 

is irrevocable.’’. 

(c) LIMITATION ON INVOLUNTARY RECALLS.—Section 7257(b)(3) 

is amended by adding at the end the following new sentence: 

‘‘This paragraph shall not apply to a judge to whom section 

7296(c)(1)(A) or 7296(c)(1)(B) of this title applies and who has, 

in the aggregate, served at least five years of recalled service 

on the Court under this section.’’. 

SEC. 604. ANNUAL REPORTS ON WORKLOAD OF THE UNITED STATES 

COURT OF APPEALS FOR VETERANS CLAIMS. 

(a) IN GENERAL.—Subchapter III of chapter 72 is amended 

by adding at the end the following new section: 

‘‘§ 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. 

38 USC 7296. 


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‘‘(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 multijudge panel of the Court or the full Court). 

‘‘(7) The median time from filing a petition to disposition 

by the Court. 

‘‘(8) The median time from filing an application under 

section 2412 of title 28 to disposition by the Court. 

‘‘(9) The median time from the completion of briefing 

requirements by the parties to disposition by the Court. 

‘‘(10) The number of oral arguments before the Court. 

‘‘(11) The number of cases appealed to the United States 

Court of Appeals for the Federal Circuit. 

‘‘(12) The number and status of appeals and petitions 

pending with the Court and of applications described in paragraph (3) as of the end of such fiscal year. 

‘‘(13) The number of cases pending with the Court more 

than 18 months as of the end of such fiscal year. 

‘‘(14) A summary of any service performed for the Court 

by a recalled retired judge of the Court. 

‘‘(15) An assessment of the workload of each judge of the 

Court, including consideration of the following: 

‘‘(A) The time required of each judge for disposition 

of each type of case. 

‘‘(B) The number of cases reviewed by the Court. 

‘‘(C) The average workload of other Federal judges. 

‘‘(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘appropriate committees of Congress’ means— 

‘‘(1) the Committee on Veterans’ Affairs of the Senate; 

and 

‘‘(2) the Committee on Veterans’ Affairs of the House of 

Representatives.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 72 is amended by inserting after the item related 

to section 7287 the following new item: 

‘‘7288. Annual report.’’. 

SEC. 605. ADDITIONAL DISCRETION IN IMPOSITION OF PRACTICE AND 

REGISTRATION FEES. 

Section 7285(a) is amended— 

(1) in the first sentence, by inserting ‘‘reasonable’’ after 

‘‘impose a’’; 

(2) in the second sentence, by striking ‘‘, except that such 

amount may not exceed $30 per year’’; and 

38 USC 7285. 


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(3) in the third sentence, by inserting ‘‘reasonable’’ after 

‘‘impose a’’. 

TITLE VII—ASSISTANCE TO UNITED 

STATES PARALYMPIC INTEGRATED 

ADAPTIVE SPORTS PROGRAM 

SEC. 701. FINDINGS AND PURPOSE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) In 1998, Congress enacted the Olympic and Amateur 

Sports Act Amendments of 1998 (33 U.S.C. 101 note), which 

amended chapter 2205 of title 36, United States Code, and 

included a statement that the purpose of the Act was ‘‘to 

encourage and provide assistance to amateur athletic programs 

and competition for amateur athletes with disabilities, 

including, where feasible, the expansion of opportunities for 

meaningful participation by such amateur athletes in programs 

of athletic competition for able-bodied amateur athletes’’. 

(2) The United States Olympic Committee manages and 

administers the Paralympic Program for physically disabled 

athletes. 

(3) The Department of Veterans Affairs provides health 

care to veterans and administers recreational activities for 

patients including the Golden Age Games, the National Veterans Wheelchair Games, and the Winter Sports Clinic. 

(4) In 2005, the United States Olympic Committee entered 

into a memorandum of understanding with the Secretary of 

Veterans Affairs to increase interest in and access to 

Paralympic sports programs for veterans with physical disabilities by coordinating the activities of the United States Olympic 

Committee with the Department of Veterans Affairs. 

(5) The Paralympic Program has a significant positive effect 

on the quality of life of disabled veterans and disabled members 

of the Armed Forces who participate in the program, including 

helping to improve the mobility, vitality, and physical, psychological, and social well-being of such participants and reducing 

the incidence of secondary medical conditions in those participants. 

(6) Because of Operation Iraqi Freedom and Operation 

Enduring Freedom, the number of disabled veterans and disabled members of the Armed Forces has increased substantially 

and it is therefore desirable to supplement the rehabilitation 

and recreation programs of the Department of Veterans Affairs 

through sports for disabled veterans and members of the Armed 

Forces. 

(b) PURPOSE.—The purposes of this title are as follows: 

(1) To promote the lifelong health of disabled veterans 

and disabled members of the Armed Forces through regular 

participation in physical activity and sports. 

(2) To enhance the recreation activities provided by the 

Department of Veterans Affairs by promoting disabled sports 

from the local level through elite levels and by creating partnerships among organizations specializing in supporting, training, 

and promoting programs for disabled veterans. 

38 USC 322 note. 


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(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: 

‘‘§ 521A. Assistance for United States Paralympics, Inc. 

‘‘(a) AUTHORIZATION TO PROVIDE ASSISTANCE.—The Secretary 

may award grants to the United States Paralympics, Inc., to plan, 

develop, manage, and implement an integrated adaptive sports 

program for disabled veterans and disabled members of the Armed 

Forces. 

‘‘(b) OVERSIGHT BY SECRETARY.—As a condition of receiving 

a grant under this section, the United States Paralympics, Inc., 

shall permit the Secretary to conduct such oversight of the use 

of grant funds as the Secretary determines is appropriate. The 

United States Paralympics, Inc., shall be responsible for the use 

of grant funds provided under this section. 

‘‘(c) APPLICATION REQUIREMENT.—(1) Before the Secretary may 

award a grant to the United States Paralympics, Inc., under this 

section, the United States Paralympics, Inc., shall submit to the 

Secretary an application that describes the activities to be carried 

out with the grant, including information on specific measurable 

goals and objectives to be achieved using grant funds. 

‘‘(2) The application shall include— 

‘‘(A) a detailed description of all partnerships referred to 

in paragraph (3) at the national and local levels that will 

be participating in such activities and the amount of grant 

funds that the United States Paralympics, Inc., proposes to 

make available for each of such partnerships; and 

‘‘(B) for any fiscal year for which a grant is sought, the 

amount of private donations received by the United States 

Paralympics, Inc., expected to be expended to support operations during that fiscal year. 

‘‘(3) Partnerships referred to in this paragraph are agreements 

between the United States Paralympics, Inc., and organizations 

with significant experience in the training and support of disabled 

athletes and the promotion of disabled sports at the local and 

national levels. Such organizations may include Disabled Sports 

USA, Blaze Sports, Paralyzed Veterans of America, and Disabled 

American Veterans. The agreements shall detail the scope of activities and funding to be provided by the United States Paralympics, 

Inc., to the partner. 

‘‘(d) USE OF FUNDS.—(1) The United States Paralympics, Inc., 

with the assistance and cooperation of the Secretary and the heads 

of other appropriate Federal and State departments and agencies 

and partnerships referred to in subsection (c)(3), shall use a grant 

under this section to reimburse grantees with which the United 

States Paralympics, Inc., has entered into a partnership under 

Grants. 


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122 STAT. 4182 PUBLIC LAW 110–389—OCT. 10, 2008 

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 


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to this subsection shall remain available without fiscal year limitation. 

‘‘(h) SEPARATE ACCOUNTING.—The Department shall have a 

separate line item in budget proposals of the Department for funds 

to be appropriated to carry out this section. Funds appropriated 

to carry out this section shall not be commingled with any other 

funds appropriated to the Department. 

‘‘(i) LIMITATION ON USE OF FUNDS.—Except as provided in 

paragraphs (4) and (5) of subsection (d), funds appropriated to 

carry out this section may not be used to support or provide services 

to individuals who are not disabled veterans or disabled members 

of the Armed Forces. 

‘‘(j) ANNUAL REPORT TO SECRETARY.—(1) As a condition of 

receiving a grant under this section, the United States Paralympics, 

Inc., shall agree that by not later than 60 days after the last 

day of a fiscal year for which a grant is provided under this 

section, the United States Paralympics, Inc., shall submit to the 

Secretary a report setting forth in detail the use of the grant 

funds during that fiscal year, including the number of veterans 

who participated in the integrated adaptive sports program, 

including any programs carried out through a partnership under 

subsection (c)(3), and the administrative expenses of the integrated 

adaptive sports program. 

‘‘(2) A report under this subsection may be audited by the 

Secretary. 

‘‘(3) For any fiscal year after fiscal year 2010, the eligibility 

of the United States Paralympics, Inc., to receive a grant under 

this section shall be contingent upon the submission of the report 

under paragraph (1) for the preceding fiscal year. 

‘‘(k) ANNUAL REPORT TO CONGRESS.—For any fiscal year during 

which the Secretary provides assistance under this section, the 

Secretary shall submit to Congress a report on the use of funds 

provided under this section. 

‘‘(l) TERMINATION.—The Secretary may only provide assistance 

under this section during fiscal years 2010 through 2013.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 521 the following new item: 

‘‘521A. Assistance for United States Paralympics, Inc.’’. 

(c) DEADLINE FOR MEMORANDUM OF UNDERSTANDING.—The Secretary of Veterans Affairs may not award a grant under section 

521A of title 38, United States Code, as added by subsection (a), 

until the United States Paralympics, Inc., and the Secretary have 

entered into a memorandum of understanding or cooperative agreement regarding implementation of the integrated adaptive sports 

program under that section. To the extent feasible, such memorandum or agreement shall be concluded not later than 240 days 

after the date of the enactment of this Act. 

SEC. 703. DEPARTMENT OF VETERANS AFFAIRS OFFICE OF NATIONAL 

VETERANS SPORTS PROGRAMS AND SPECIAL EVENTS. 

(a) ESTABLISHMENT OF OFFICE OF NATIONAL VETERANS SPORTS

PROGRAMS AND SPECIAL EVENTS.—Chapter 3, as amended by section 

222, is amended by adding at the end the following new section: 

38 USC 521A 

note. 


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‘‘§ 322. Office of National Veterans Sports Programs and Special Events 

‘‘(a) ESTABLISHMENT.—There is in the Department an Office 

of National Veterans Sports Programs and Special Events. There 

is at the head of the Office a Director, who shall report to an 

appropriate official of the Veterans Benefits Administration, as 

determined by the Secretary, or to the Deputy Secretary or Secretary. 

‘‘(b) RESPONSIBILITIES OF DIRECTOR.—Subject to the direction 

of the Secretary, the Director— 

‘‘(1) shall establish and carry out qualifying programs and 

events; 

‘‘(2) may provide for sponsorship by the Department of 

qualifying programs and events; 

‘‘(3) may provide for, facilitate, and encourage participation 

by disabled veterans in qualifying programs and events; 

‘‘(4) shall, to the extent feasible, cooperate with the United 

States Paralympics, Inc., and its partners to promote the 

participation of disabled veterans and disabled members of 

the Armed Forces in sporting events sponsored by the United 

States Paralympics, Inc., and its partners; 

‘‘(5) shall seek sponsorships and donations from the private 

sector to defray costs of carrying out the responsibilities of 

the Director to the maximum extent feasible; and 

‘‘(6) may carry out such other responsibilities as the Secretary determines are appropriate. 

‘‘(c) QUALIFYING PROGRAM OR EVENT.—For purposes of this 

section, a qualifying program or event is a sports program or 

other event in which disabled veterans and disabled members of 

the Armed Forces participate and that is approved by the Secretary 

as being consistent with the goals and missions of the Department. 

‘‘(d) MONTHLY ASSISTANCE ALLOWANCE.—(1) Subject to the 

availability of appropriations for such purpose, the Secretary may 

provide a monthly assistance allowance to a veteran with a disability invited by the United States Paralympics, Inc., to compete 

for a slot on, or selected for, the Paralympic Team for any month 

in which the veteran is training or competing in any event sanctioned by the United States Paralympics, Inc., or who is residing 

at a United States Paralympics, Inc., training center. 

‘‘(2) The amount of the monthly assistance payable to a veteran 

under paragraph (1) shall be equal to the monthly amount of 

subsistence allowance that would be payable to the veteran under 

chapter 31 of this title if the veteran were eligible for and entitled 

to rehabilitation under such chapter. 

‘‘(3) In providing assistance under this subsection, the Secretary 

shall give priority to veterans with service-connected disabilities. 

‘‘(4) There is authorized to be appropriated to carry out this 

subsection $2,000,000 for each of fiscal years 2010 through 2013. 

‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section shall be construed as a limitation on disabled sports and 

special events supported by the Department as of the date of 

the enactment of this section.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘322. Office of National Veterans Sports Programs and Special Events.’’. 

Appropriation 

authorization. 


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(c) ASSISTANCE AT SPORTING EVENTS.—The Secretary of Veterans Affairs shall direct the Under Secretary for Health of the 

Department of Veterans Affairs— 

(1) to make available, to the extent determined appropriate 

by the Secretary, recreational therapists, physical therapists, 

and other medical staff to facilitate participation of veterans 

in sporting events conducted under the auspices of the United 

States Paralympics, Inc.; and 

(2) to allow such personnel to provide support to the programs of the United States Paralympics, Inc., without requiring 

the use of personal leave. 

SEC. 704. COMPTROLLER GENERAL REPORT. 

Not later than the last day of fiscal year 2012, the Comptroller 

General shall submit to Congress a report on the assistance provided to the United States Paralympics, Inc., under section 521A 

of title 38, United States Code, as added by section 702, and 

the activities of the Office of National Veterans Sports Programs 

and Special Events under section 322 of such title, as added by 

section 703. Such report shall include a description of how the 

United States Paralympics, Inc., used grants provided by the 

Department of Veterans Affairs, the number of disabled veterans 

who benefitted from such grants, and how such veterans benefitted. 

TITLE VIII—OTHER MATTERS 

SEC. 801. AUTHORITY FOR SUSPENSION OR TERMINATION OF CLAIMS 

OF THE UNITED STATES AGAINST INDIVIDUALS WHO DIED 

WHILE SERVING ON ACTIVE DUTY IN THE ARMED FORCES. 

(a) AUTHORITY.—Section 3711(f) of title 31, United States Code, 

is amended— 

(1) by redesignating paragraph (3) as paragraph (4); and 

(2) by inserting after paragraph (2) the following new paragraph (3): 

‘‘(3) The Secretary of Veterans Affairs may suspend or terminate an action by the Secretary under subsection (a) to collect 

a claim against the estate of a person who died while serving 

on active duty as a member of the Army, Navy, Air Force, Marine 

Corps, or Coast Guard during a period when the Coast Guard 

is operating as a service in the Navy if the Secretary determines 

that, under the circumstances applicable with respect to the 

deceased person, it is appropriate to do so.’’. 

(b) EQUITABLE REFUND OF AMOUNTS COLLECTED.—The Secretary of Veterans Affairs may refund to the estate of such person 

any amount collected by the Secretary (whether before, on, or 

after the date of the enactment of this Act) from a person who 

died while serving on active duty as a member of the Armed 

Forces if the Secretary determines that, under the circumstances 

applicable with respect to the deceased person, it is appropriate 

to do so. 

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

INCOME VERIFICATION. 

Section 5317(g) is amended by striking ‘‘September 30, 2008’’ 

and inserting ‘‘September 30, 2011’’. 

38 USC 5317. 

38 USC 5302A 

note. 


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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 


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PUBLIC LAW 110–389—OCT. 10, 2008 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 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). 

Contracts. 


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122 STAT. 4188 PUBLIC LAW 110–389—OCT. 10, 2008 

Such reports shall not be required to include a description 

of interim results on the work under the study. 

(2) FINAL REPORT.—The contract shall require the Institute 

of Medicine to submit to the Secretary, and to appropriate 

committees of Congress, a final report on the study by not 

later than December 31, 2012. The final report shall include 

such recommendations for legislative or administrative action 

as the Institute considers appropriate in light of the results 

of the study. 

(d) FUNDING.—The Secretary shall provide the Institute of 

Medicine with such funds as are necessary to ensure the timely 

completion of the study required under subsection (a). 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Veterans’ Affairs of the Senate; 

and 

(B) the Committee on Veterans’ Affairs of the House 

of Representatives. 

(2) The term ‘‘Persian Gulf War’’ has the meaning given 

that term in section 101(33) of title 38, United States Code. 

(3) The term ‘‘Post 9/11 Global Operations theaters’’ means 

Afghanistan, Iraq, or any other theater in which the Global 

War on Terrorism Expeditionary Medal is awarded for service. 

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

SERVICEMEMBERS. 

(a) IN GENERAL.—Title III of the Servicemembers Civil Relief 

Act (50 U.S.C. App. 531 et seq.) is amended by inserting after 

section 305 the following new section: 

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

‘‘(a) IN GENERAL.—A servicemember who receives orders to 

deploy outside of the continental United States for not less than 

90 days or for a permanent change of duty station within the 

United States may request the termination or suspension of any 

contract for cellular telephone service entered into by the 

servicemember before the date of the commencement of such deployment or permanent change if the servicemember’s ability to satisfy 

the contract or to utilize the service will be materially affected 

by such deployment or permanent change. The request shall include 

a copy of the servicemember’s military orders. 

‘‘(b) RELIEF.—Upon receiving the request of a servicemember 

under subsection (a), the cellular telephone service contractor concerned shall— 

‘‘(1) grant the requested relief without imposition of an 

early termination fee for termination of the contract or a reactivation fee for suspension of the contract; or 

‘‘(2) in the case that such servicemember is deployed outside 

the continental United States as described in subsection (a), 

permit the servicemember to suspend the contract at no charge 

until the end of the deployment without requiring, whether 

as a condition of suspension or otherwise, that the contract 

be extended. 

‘‘(c) CELLULAR TELEPHONE SERVICE DEFINED.—In this section, 

the term ‘cellular telephone service’ has the meaning given the 

50 USC app. 

535a. 


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PUBLIC LAW 110–389—OCT. 10, 2008 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 VETERANOWNED SMALL BUSINESS CONCERNS. 

Section 8127 is amended— 

(1) by redesignating subsections (j) and (k) as subsections 

(k) and (l), respectively; and 

(2) by inserting after subsection (i) the following new subsection (j): 

‘‘(j) APPLICABILITY OF REQUIREMENTS TO CONTRACTS.—(1) If 

after December 31, 2008, the Secretary enters into a contract, 

memorandum of understanding, agreement, or other arrangement 

with any governmental entity to acquire goods or services, the 

Secretary shall include in such contract, memorandum, agreement, 

or other arrangement a requirement that the entity will comply, 

to the maximum extent feasible, with the provisions of this section 

in acquiring such goods or services. 

‘‘(2) Nothing in this subsection shall be construed to supersede 

or otherwise affect the authorities provided under the Small Business Act (15 U.S.C. 631 et seq.).’’. 

SEC. 807. PENALTIES FOR VIOLATION OF INTEREST RATE LIMITATION 

UNDER SERVICEMEMBERS CIVIL RELIEF ACT. 

Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. 

App. 527) is amended by adding at the end the following new 

subsections: 

‘‘(e) PENALTY.—Whoever knowingly violates subsection (a) shall 

be fined as provided in title 18, United States Code, imprisoned 

for not more than one year, or both. 

‘‘(f) PRESERVATION OF OTHER REMEDIES.—The penalties provided under subsection (e) are in addition to and do not preclude 

any other remedy available under law to a person claiming relief 

under this section, including any award for consequential or punitive damages.’’. 

SEC. 808. FIVE-YEAR EXTENSION OF SUNSET PROVISION FOR 

ADVISORY COMMITTEE ON MINORITY VETERANS. 

Subsection (e) of section 544 is amended by striking ‘‘December 

31, 2009’’ and inserting ‘‘December 31, 2014’’. 

SEC. 809. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO 

ADVERTISE TO PROMOTE AWARENESS OF BENEFITS 

UNDER LAWS ADMINISTERED BY THE SECRETARY. 

(a) AUTHORITY TO ADVERTISE.—Subchapter II of chapter 5 is 

amended by adding at the end the following new section: 

‘‘§ 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 

38 USC 8127. 


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122 STAT. 4190 PUBLIC LAW 110–389—OCT. 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. 

Æ 

the Department of Veterans Affairs and for education, training, 

compensation, pension, vocational rehabilitation, and healthcare 

benefits, and mental healthcare (including the prevention of suicide 

among veterans).’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 531 the following: 

‘‘532. Authority to advertise in national media.’’. 

SEC. 810. MEMORIAL HEADSTONES AND MARKERS FOR DECEASED 

REMARRIED SURVIVING SPOUSES OF VETERANS. 

(a) IN GENERAL.—Section 2306(b)(4)(B) is amended by striking 

‘‘an unremarried surviving spouse whose subsequent remarriage 

was terminated by death or divorce’’ and inserting ‘‘a surviving 

spouse who had a subsequent remarriage’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to deaths occurring on or after the date of the enactment 

of this Act. 

Approved October 10, 2008. 

38 USC 2306 

note. 

38 USC 2306. 


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