Veterans' Benefits Improvement Act of 2008
PL 110-389 (S.3023), enacted 10/10/2008

122 STAT. 4145 
PUBLIC LAW 110–389—OCT. 10, 2008 
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 Depart-
ment of Veterans Affairs regarding the substantiation of claims. 
Sec. 102. Judicial review of adoption and revision by the Secretary of Veterans Af-
fairs of the schedule of ratings for disabilities of veterans. 
Sec. 103. Conforming amendment relating to non-deductibility from veterans’ dis-
ability compensation of disability severance pay for disabilities incurred 
by members of the Armed Forces in combat zones. 
Sec. 104. Report on progress of the Secretary of Veterans Affairs in addressing 
causes for variances in compensation payments for veterans for service- 
connected disabilities. 
Sec. 105. Extension of temporary authority for the performance of medical dis-
ability 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 qual-
ity 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 pro-
vision of checklists to individuals submitting claims. 
Sec. 222. Office of Survivors Assistance. 
Sec. 223. Comptroller General report on adequacy of dependency and indemnity 
compensation to maintain survivors of veterans who die from service- 
connected disabilities. 
Sec. 224. Independent assessment of quality assurance program. 
Sec. 225. Certification and training of employees of the Veterans Benefits Adminis-
tration 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 en-
forcement 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’ Edu-
cational Assistance of certain spouses of individuals with service-con-
nected 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 cor-
respondence course. 
Sec. 324. Change of programs of education at the same educational institution. 
Sec. 325. Repeal of certification requirement with respect to applications for ap-
proval of self-employment on-job training. 
Sec. 326. Coordination of approval activities in the administration of education ben-
efits. 
Subtitle C—Vocational Rehabilitation Matters 
Sec. 331. Waiver of 24-month limitation on program of independent living services 
and assistance for veterans with a severe disability incurred in the Post- 
9/11 Global Operations period. 
Sec. 332. Increase in cap of number of veterans participating in independent living 
program. 
Sec. 333. Report on measures to assist and encourage veterans in completing voca-
tional rehabilitation. 
Sec. 334. Longitudinal study of Department of Veterans Affairs vocational rehabili-
tation 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 hous-
ing 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 vet-
erans 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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122 STAT. 4147 
PUBLIC LAW 110–389—OCT. 10, 2008 
Sec. 603. Recall of retired judges of the United States Court of Appeals for Vet-
erans 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 Pro-
grams 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 re-
sult of certain service in the Persian Gulf War and Post 9/11 Global Op-
erations 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 con-
cerns. 
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 Minor-
ity Veterans. 
Sec. 809. Authority of Secretary of Veterans Affairs to advertise to promote aware-
ness 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 require-
ments 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 regula-
tions. 
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-DEDUCT-
IBILITY 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 sub-
section (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 COM-
PENSATION PAYMENTS FOR VETERANS FOR SERVICE-CON-
NECTED 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 Representa-
tives 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 vet-
erans 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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122 STAT. 4149 
PUBLIC LAW 110–389—OCT. 10, 2008 
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 assess-
ment 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 pat-
terns of claims submitted to the Secretary of Veterans Affairs 
regarding ratings for service-connected disabilities among var-
ious 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 PERFORM-
ANCE OF MEDICAL DISABILITY EXAMINATIONS BY CON-
TRACT 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 fol-
lowing new subparagraph: 
‘‘(F) Osteoporosis, if the Secretary determines that the vet-
eran has post-traumatic stress disorder (PTSD).’’. 
TITLE II—MODERNIZATION OF DEPART-
MENT OF VETERANS AFFAIRS DIS-
ABILITY 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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122 STAT. 4150 
PUBLIC LAW 110–389—OCT. 10, 2008 
‘‘(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 dis-
ability. 
‘‘(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 Sec-
retary. 
‘‘(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 sub-
section (a)(1)(C); or 
‘‘(ii) provided in regulations prescribed by the Sec-
retary. 
Regulations. 
Regulations. 
Deadline. 
Regulations. 
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122 STAT. 4151 
PUBLIC LAW 110–389—OCT. 10, 2008 
‘‘(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 begin-
ning 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 begin-
ning 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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122 STAT. 4152 
PUBLIC LAW 110–389—OCT. 10, 2008 
SEC. 213. REPORT ON COMPENSATION OF VETERANS FOR LOSS OF 
EARNING CAPACITY AND QUALITY OF LIFE AND ON LONG- 
TERM TRANSITION PAYMENTS TO VETERANS UNDER-
GOING 
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 appro-
priate 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 vet-
erans who are separated from the Armed Forces due to dis-
ability 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 rec-
ommendations 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 comple-
tion 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 com-
pensation 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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122 STAT. 4153 
PUBLIC LAW 110–389—OCT. 10, 2008 
‘‘(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 Com-
mittee 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 sub-
section, 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 char-
acter 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 Com-
mittee 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 appro-
priate. 
‘‘(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 com-
ments and recommendations concerning such report as the Sec-
retary 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 para-
graph (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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122 STAT. 4154 
PUBLIC LAW 110–389—OCT. 10, 2008 
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 begin-
ning 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 DEVEL-
OPED CLAIMS.— 
(1) IN GENERAL.—The Secretary of Veterans Affairs shall 
carry out a pilot program to assess the feasibility and advis-
ability 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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122 STAT. 4155 
PUBLIC LAW 110–389—OCT. 10, 2008 
(b) PILOT PROGRAM ON PROVISION OF CHECKLISTS TO INDIVID-
UALS 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 claim-
ant 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 enact-
ment 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 Sec-
retary. 
(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 sub-
section (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 feasi-
bility 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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122 STAT. 4156 
PUBLIC LAW 110–389—OCT. 10, 2008 
(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 sur-
vivors and dependents described in subsection (a). 
‘‘(c) GUIDANCE
FROM
STAKEHOLDERS.—In establishing the 
Office, the Secretary shall seek guidance from interested stake-
holders. 
‘‘(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 begin-
ning 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 MAIN-
TAIN SURVIVORS OF VETERANS WHO DIE FROM SERVICE- 
CONNECTED DISABILITIES. 
(a) REPORT REQUIRED.—Not later than 10 months after the 
date of the enactment of this Act, the Comptroller General of 
the United States shall submit to the Committees on Veterans’ 
Affairs and Appropriations of the Senate and the Committees on 
Veterans’ Affairs and Appropriations of the House of Representa-
tives a report on the adequacy of dependency and indemnity com-
pensation 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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122 STAT. 4157 
PUBLIC LAW 110–389—OCT. 10, 2008 
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 con-
siders 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 PRO-
GRAM. 
(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 inde-
pendent 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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122 STAT. 4158 
PUBLIC LAW 110–389—OCT. 10, 2008 
‘‘(iii) Such other data as the Secretary determines is appro-
priate 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 sub-
section (a) that was in effect on the day before the date of the 
enactment of this subsection.’’. 
(b) REPORT TO CONGRESS.—Not later than the end of the three- 
year period beginning on the date of the enactment of this Act, 
the Secretary of Veterans Affairs shall submit to Congress a report 
containing the results and findings of the independent third-party 
entity described in section 7731(c)(1) of title 38, United States 
Code, as added by subsection (a), with respect to the assessment 
conducted under such section 7731(c)(1). 
SEC. 225. CERTIFICATION AND TRAINING OF EMPLOYEES OF THE VET-
ERANS 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 stake-
holders, 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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122 STAT. 4159 
PUBLIC LAW 110–389—OCT. 10, 2008 
(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 ADJU-
DICATIONS OF THE VETERANS BENEFITS ADMINISTRA-
TION. 
(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 perform-
ance. 
(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 applica-
tions; 
(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 meas-
ures, 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 Account-
ability 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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122 STAT. 4160 
PUBLIC LAW 110–389—OCT. 10, 2008 
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 ADMINISTRA-
TION EMPLOYEES RESPONSIBLE FOR PROCESSING CLAIMS FOR COM-
PENSATION 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 bene-
fits. 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 tech-
nology 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 sub-
section (a)(2) shall include the following: 
(1) The use of rules-based processing or information tech-
nology 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 sub-
mitted electronically, including uploaded military records, 
medical evidence, and other appropriate documentation; 
and 
(B) to the extent practicable— 
(i) provides the capability to such members, vet-
erans, 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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122 STAT. 4161 
PUBLIC LAW 110–389—OCT. 10, 2008 
(4) The use of electronic examination templates in conjunc-
tion 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 Bene-
fits 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 claim-
ant 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 Depart-
ment 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 proc-
essing 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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122 STAT. 4162 
PUBLIC LAW 110–389—OCT. 10, 2008 
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 Administra-
tion 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 Sec-
retary 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 assist-
ance 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 sub-
section (f): 
‘‘(f) Any action required by subsections (d) and (e) with respect 
to a complaint submitted by a person to the Secretary under sub-
section (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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122 STAT. 4163 
PUBLIC LAW 110–389—OCT. 10, 2008 
(2) EXPEDITION OF REFERRALS TO SPECIAL COUNSEL.—Sec-
tion 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 MAT-
TERS.— 
(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 Gen-
eral, 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 author-
ized 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 sec-
tion 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 addi-
tional period of time agreed to by the person. 
‘‘(b) INAPPLICABILITY OF STATUTES OF LIMITATIONS.—If any per-
son 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 REQUIRE-
MENTS 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 Con-
gress 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 para-
graph (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 para-
graphs (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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122 STAT. 4165 
PUBLIC LAW 110–389—OCT. 10, 2008 
‘‘(6) With respect to the cases reported on pursuant to 
paragraphs (1), (2), (3), (4), and (5)— 
‘‘(A) the number of such cases that involve a disability- 
related issue; and 
‘‘(B) the number of such cases that involve a person 
who has a service-connected disability.’’; and 
(7) in paragraph (7), as redesignated by paragraph (5) 
of this subsection, by striking ‘‘or (4)’’ and inserting ‘‘(4), or 
(5)’’. 
(c) ADDITIONAL REPORTS.—Such section is further amended by 
adding at the end the following new subsection: 
‘‘(b) QUARTERLY REPORTS.— 
‘‘(1) QUARTERLY
REPORT
BY
SECRETARY.—Not later than 
30 days after the end of each fiscal quarter, the Secretary 
shall submit to Congress, the Secretary of Defense, the Attorney 
General, and the Special Counsel a report setting forth, for 
the previous full quarter, the following: 
‘‘(A) The number of cases for which the Secretary did 
not meet the requirements of section 4322(f) of this title. 
‘‘(B) The number of cases for which the Secretary 
received a request for a referral under paragraph (1) of 
section 4323(a) of this title but did not make such referral 
within the time period required by such paragraph. 
‘‘(2) QUARTERLY REPORT BY ATTORNEY GENERAL.—Not later 
than 30 days after the end of each fiscal quarter, the Attorney 
General shall submit to Congress, the Secretary, the Secretary 
of Defense, and the Special Counsel a report setting forth, 
for the previous full quarter, the number of cases for which 
the Attorney General received a referral under paragraph (1) 
of section 4323(a) of this title but did not meet the requirements 
of paragraph (2) of section 4323(a) of this title for such referral. 
‘‘(3) QUARTERLY REPORT BY SPECIAL COUNSEL.—Not later 
than 30 days after the end of each fiscal quarter, the Special 
Counsel shall submit to Congress, the Secretary, the Secretary 
of Defense, and the Attorney General a report setting forth, 
for the previous full quarter, the number of cases for which 
the Special Counsel received a referral under paragraph (1) 
of section 4324(a) of this title but did not meet the requirements 
of paragraph (2)(B) of section 4324(a) of this title for such 
referral.’’. 
(d) UNIFORM CATEGORIZATION OF DATA.—Such section is further 
amended by adding at the end the following new subsection: 
‘‘(c) UNIFORM CATEGORIZATION OF DATA.—The Secretary shall 
coordinate with the Secretary of Defense, the Attorney General, 
and the Special Counsel to ensure that— 
‘‘(1) the information in the reports required by this section 
is categorized in a uniform way; and 
‘‘(2) the Secretary, the Secretary of Defense, the Attorney 
General, and the Special Counsel each have electronic access 
to the case files reviewed under this chapter by the Secretary, 
the Secretary of Defense, the Attorney General, and the Special 
Counsel with due regard for the provisions of section 552a 
of title 5.’’. 
(e) COMPTROLLER GENERAL REPORT.—Not later than two years 
after the date of the enactment of this Act, the Comptroller General 
of the United States shall submit to Congress a report that contains 
the following: 
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122 STAT. 4166 
PUBLIC LAW 110–389—OCT. 10, 2008 
(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 reemploy-
ment 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 Per-
sonnel 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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122 STAT. 4167 
PUBLIC LAW 110–389—OCT. 10, 2008 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 43 is amended by adding at the end the following 
new item: 
‘‘4335. Training for Federal executive agency human resources personnel on employ-
ment 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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122 STAT. 4168 
PUBLIC LAW 110–389—OCT. 10, 2008 
‘‘(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 CER-
TAIN SPOUSES OF INDIVIDUALS WITH SERVICE-CON-
NECTED 
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 dis-
ability 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 EDU-
CATIONAL INSTITUTION. 
Section 3691(d) is amended— 
Deadline. 
38 USC 3512. 
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122 STAT. 4169 
PUBLIC LAW 110–389—OCT. 10, 2008 
(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 redesig-
nated, 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 ADMINIS-
TRATION 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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122 STAT. 4170 
PUBLIC LAW 110–389—OCT. 10, 2008 
(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 Com-
mittee 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 evalua-
tions 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 activi-
ties 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 INDE-
PENDENT LIVING SERVICES AND ASSISTANCE FOR VET-
ERANS WITH A SEVERE DISABILITY INCURRED IN THE 
POST-9/11 GLOBAL OPERATIONS PERIOD. 
Section 3105(d) is amended— 
(1) by striking ‘‘Unless the Secretary’’ and all that follows 
through ‘‘the period of a program’’ and inserting ‘‘(1) Except 
as provided in paragraph (2), the period of a program’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2)(A) The period of a program of independent living services 
and assistance for a veteran under this chapter may exceed twenty- 
four months as follows: 
‘‘(i) If the Secretary determines that a longer period is 
necessary and likely to result in a substantial increase in 
the veteran’s level of independence in daily living. 
‘‘(ii) If the veteran served on active duty during the Post- 
9/11 Global Operations period and has a severe disability (as 
determined by the Secretary for purposes of this clause) 
incurred or aggravated in such service. 
‘‘(B) In this paragraph, the term ‘Post-9/11 Global Operations 
period’ means the period of the Persian Gulf War beginning on 
September 11, 2001, and ending on the date thereafter prescribed 
by Presidential proclamation or by law.’’. 
SEC. 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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122 STAT. 4171 
PUBLIC LAW 110–389—OCT. 10, 2008 
SEC. 333. REPORT ON MEASURES TO ASSIST AND ENCOURAGE VET-
ERANS 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 vet-
erans 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 fol-
lowing: 
(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 Commis-
sion 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 appro-
priate for purposes of the study. 
(c) CONSIDERATIONS.—In conducting the study required by sub-
section (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 appro-
priate. 
(d) CONSULTATION.—In conducting the study required by sub-
section (a), the Secretary— 
(1) shall consult with such veterans and military service 
organizations, and with such other public and private organiza-
tions 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 Com-
mittee on Veterans’ Affairs of the House of Representatives a report 
on the study. The report shall include the following: 
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122 STAT. 4172 
PUBLIC LAW 110–389—OCT. 10, 2008 
(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 pro-
grams 
‘‘(a) STUDY REQUIRED.—(1) Subject to the availability of appro-
priated 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 deter-
mines 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 individ-
uals. 
‘‘(4) The types of other benefits administered by the Sec-
retary received by such individuals. 
‘‘(5) The types of social security benefits received by such 
individuals. 
‘‘(6) Any unemployment benefits received by such individ-
uals. 
‘‘(7) The average number of months such individuals were 
employed during the year covered by the report. 
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122 STAT. 4173 
PUBLIC LAW 110–389—OCT. 10, 2008 
‘‘(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 institu-
tion 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 individ-
uals 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 vet-
eran.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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-TRAU-
MATIC 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 mili-
tary service. 
(2) The unique circumstances of military service, and the 
unique experiences of members of the Armed Forces who are 
deployed to a combat zone. 
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122 STAT. 4174 
PUBLIC LAW 110–389—OCT. 10, 2008 
(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-trau-
matic stress disorder. 
(5) Such other matters as the Secretary considers appro-
priate. 
(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 ‘‘subpara-
graph (B) or (C) of section 1965(5) of this title’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 1967(a)(5)(C) is amended by striking ‘‘sec-
tion 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 ‘‘sec-
tion 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 enact-
ment of this Act. 
38 USC 1968 
note. 
38 USC 1967 
note. 
38 USC 1965. 
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122 STAT. 4175 
PUBLIC LAW 110–389—OCT. 10, 2008 
(3) The amendment made by subsection (c) shall take effect 
as if enacted on June 5, 2001, immediately after the enactment 
of the Veterans’ Survivor Benefits Improvements Act of 2001 
(Public Law 107–14; 115 Stat. 25). 
(4) The amendment made by subsection (d) shall apply 
with respect to any act of mutiny, treason, spying, or desertion 
committed on or after the date of the enactment of this Act 
for which a person is found guilty, or with respect to refusal 
because of conscientious objections to perform service in, or 
to wear the uniform of, the Armed Forces on or after the 
date of the enactment of this Act. 
SEC. 404. ADMINISTRATIVE COSTS OF SERVICE DISABLED VETERANS’ 
INSURANCE. 
Section 1922(a) is amended by striking ‘‘directly from such 
fund’’ and inserting ‘‘directly from such fund; and (5) administrative 
costs to the Government for the costs of the program of insurance 
under this section shall be paid from premiums credited to the 
fund under paragraph (4), and payments for claims against the 
fund under paragraph (4) for amounts in excess of amounts credited 
to such fund under that paragraph (after such administrative costs 
have been paid) shall be paid from appropriations to the fund’’. 
TITLE V—HOUSING MATTERS 
SEC. 501. TEMPORARY INCREASE IN MAXIMUM LOAN GUARANTY 
AMOUNT FOR CERTAIN HOUSING LOANS GUARANTEED BY 
SECRETARY OF VETERANS AFFAIRS. 
Notwithstanding subparagraph (C) of section 3703(a)(1) of title 
38, United States Code, for purposes of any loan described in 
subparagraph (A)(i)(IV) of such section that is originated during 
the period beginning on the date of the enactment of this Act 
and ending on December 31, 2011, the term ‘‘maximum guaranty 
amount’’ shall mean an amount equal to 25 percent of the higher 
of— 
(1) the limitation determined under section 305(a)(2) of 
the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 
1454(a)(2)) for the calendar year in which the loan is originated 
for a single-family residence; or 
(2) 125 percent of the area median price for a single- 
family residence, but in no case to exceed 175 percent of the 
limitation determined under such section 305(a)(2) for the cal-
endar year in which the loan is originated for a single-family 
residence. 
SEC. 502. REPORT ON IMPACT OF MORTGAGE FORECLOSURES ON VET-
ERANS. 
(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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122 STAT. 4176 
PUBLIC LAW 110–389—OCT. 10, 2008 
(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 pro-
grams, 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 SPE-
CIALLY 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 avail-
able 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, impair-
ments specific to the upper limbs, and burn injuries.’’. 
SEC. 504. ENHANCEMENT OF REFINANCING OF HOME LOANS BY VET-
ERANS. 
(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 ADJUST-
ABLE 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 VET-
ERANS CLAIMS. 
Section 7253 is amended by adding at the end the following 
new subsection: 
Deadline. 
38 USC 2103. 
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122 STAT. 4177 
PUBLIC LAW 110–389—OCT. 10, 2008 
‘‘(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 sec-
tion 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 electroni-
cally with the Court. 
‘‘(2) The rules prescribed under paragraph (1) shall be con-
sistent 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 sub-
section (d) to receive retired pay under this subsection, shall (except 
as provided in paragraph (2)) receive retired pay as follows: 
‘‘(i) In the case of a judge who is a recall-eligible retired 
judge under section 7257 of this title or who was a recall- 
eligible retired judge under that section and was removed from 
38 USC 7257. 
Regulations. 
Effective dates. 
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122 STAT. 4178 
PUBLIC LAW 110–389—OCT. 10, 2008 
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 avail-
ability 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 sec-
tion 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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122 STAT. 4179 
PUBLIC LAW 110–389—OCT. 10, 2008 
‘‘(4) The total number of dispositions by each of the fol-
lowing: 
‘‘(A) The Court as a whole. 
‘‘(B) The Clerk of the Court. 
‘‘(C) A single judge of the Court. 
‘‘(D) A multi-judge panel of the Court. 
‘‘(E) The full Court. 
‘‘(5) The number of each type of disposition by the Court, 
including settlement, affirmation, remand, vacation, dismissal, 
reversal, grant, and denial. 
‘‘(6) The median time from filing an appeal to disposition 
by each of the following: 
‘‘(A) The Court as a whole. 
‘‘(B) The Clerk of the Court. 
‘‘(C) A single judge of the Court. 
‘‘(D) Multiple judges of the Court (including a multi- 
judge panel of the Court or the full Court). 
‘‘(7) The median time from filing a petition to disposition 
by the Court. 
‘‘(8) The median time from filing an application under 
section 2412 of title 28 to disposition by the Court. 
‘‘(9) The median time from the completion of briefing 
requirements by the parties to disposition by the Court. 
‘‘(10) The number of oral arguments before the Court. 
‘‘(11) The number of cases appealed to the United States 
Court of Appeals for the Federal Circuit. 
‘‘(12) The number and status of appeals and petitions 
pending with the Court and of applications described in para-
graph (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 begin-
ning 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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122 STAT. 4180 
PUBLIC LAW 110–389—OCT. 10, 2008 
(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 Vet-
erans 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 disabil-
ities 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, psycho-
logical, and social well-being of such participants and reducing 
the incidence of secondary medical conditions in those partici-
pants. 
(6) Because of Operation Iraqi Freedom and Operation 
Enduring Freedom, the number of disabled veterans and dis-
abled 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 partner-
ships among organizations specializing in supporting, training, 
and promoting programs for disabled veterans. 
38 USC 322 note. 
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122 STAT. 4181 
PUBLIC LAW 110–389—OCT. 10, 2008 
(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 ASSIST-
ANCE 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 oper-
ations 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 activi-
ties 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, equip-
ping, encouraging, scheduling, facilitating, supervising, and imple-
menting the participation of disabled veterans and disabled mem-
bers 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 para-
graph (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 adminis-
trators, coaches, recreational therapists, instructors, Depart-
ment employees, and other appropriate individuals; and 
‘‘(C) coordination, Paralympic classification of athletes, ath-
lete 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 facili-
ties 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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122 STAT. 4183 
PUBLIC LAW 110–389—OCT. 10, 2008 
to this subsection shall remain available without fiscal year limita-
tion. 
‘‘(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 begin-
ning 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 Sec-
retary 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 agree-
ment regarding implementation of the integrated adaptive sports 
program under that section. To the extent feasible, such memo-
randum 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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122 STAT. 4184 
PUBLIC LAW 110–389—OCT. 10, 2008 
‘‘§ 322. Office of National Veterans Sports Programs and Spe-
cial 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 Sec-
retary. 
‘‘(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 Sec-
retary 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 dis-
ability 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 sanc-
tioned 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 begin-
ning 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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122 STAT. 4185 
PUBLIC LAW 110–389—OCT. 10, 2008 
(c) ASSISTANCE AT SPORTING EVENTS.—The Secretary of Vet-
erans 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 pro-
grams 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 pro-
vided 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 para-
graph (3): 
‘‘(3) The Secretary of Veterans Affairs may suspend or termi-
nate 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 Sec-
retary 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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122 STAT. 4186 
PUBLIC LAW 110–389—OCT. 10, 2008 
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 avail-
able 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 man-
age 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 para-
graph (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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122 STAT. 4187 
PUBLIC LAW 110–389—OCT. 10, 2008 
subsection (d), including the funding of pilot studies author-
ized 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 MUL-
TIPLE SCLEROSIS AS A RESULT OF CERTAIN SERVICE IN 
THE PERSIAN GULF WAR AND POST 9/11 GLOBAL OPER-
ATIONS 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 sub-
section (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 oper-
ations, 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 CEL-
LULAR 
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 CEL-
LULAR 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 deploy-
ment 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 con-
cerned shall— 
‘‘(1) grant the requested relief without imposition of an 
early termination fee for termination of the contract or a reac-
tivation 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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122 STAT. 4189 
PUBLIC LAW 110–389—OCT. 10, 2008 
term ‘commercial mobile service’ in section 332(d) of the Commu-
nications Act of 1934 (47 U.S.C. 332(d)).’’. 
(b) CLERICAL AMENDMENT.—The table of contents for that Act 
is amended by inserting after the item relating to section 305 
the following new item: 
‘‘Sec. 305A. Termination or suspension of contracts for cellular telephone service.’’. 
SEC. 806. CONTRACTING GOALS AND PREFERENCES FOR VETERAN- 
OWNED SMALL BUSINESS CONCERNS. 
Section 8127 is amended— 
(1) by redesignating subsections (j) and (k) as subsections 
(k) and (l), respectively; and 
(2) by inserting after subsection (i) the following new sub-
section (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 Busi-
ness 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 pro-
vided 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 puni-
tive 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. 
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 begin-
ning 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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