[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3023 Engrossed in Senate (ES)]
110th CONGRESS
2d Session
S. 3023
_______________________________________________________________________
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.
(a) Short Title.--This Act may be cited as the ``Veterans' Benefits
Improvement Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. References to title 38, United States Code.
TITLE I--COMPENSATION AND PENSION MATTERS
Sec. 101. Regulations on contents of notice to be provided claimants
with the Department of Veterans Affairs
regarding the substantiation of claims.
Sec. 102. Judicial review of adoption and revision by the Secretary of
Veterans Affairs of the schedule of ratings
for disabilities of veterans.
Sec. 103. Automatic annual increase in rates of disability compensation
and dependency and indemnity compensation.
Sec. 104. Conforming amendment relating to non-deductibility from
veterans' disability compensation of
disability severance pay for disabilities
incurred by members of the Armed Forces in
combat zones.
Sec. 105. Report on progress of the Secretary of Veterans Affairs in
addressing causes for variances in
compensation payments for veterans for
service-connected disabilities.
Sec. 106. Report on studies regarding compensation of veterans for loss
of earning capacity and quality of life and
on long-term transition payments to
veterans undergoing rehabilitation for
service-connected disabilities.
TITLE II--HOUSING MATTERS
Sec. 201. Temporary increase in maximum loan guaranty amount for
certain housing loans guaranteed by the
Secretary of Veterans Affairs.
Sec. 202. Enhancement of refinancing of home loans by veterans.
Sec. 203. Four-year extension of demonstration projects on adjustable
rate mortgages.
Sec. 204. Eligibility for specially adapted housing benefits and
assistance for members of the Armed Forces
with a service-connected disability.
Sec. 205. Report on impact of mortgage foreclosures on veterans.
TITLE III--LABOR AND EDUCATION MATTERS
Subtitle A--Labor and Employment Matters
Sec. 301. Waiver of 24-month limitation on program of independent
living services and assistance for veterans
with a severe disability incurred in the
Post-9/11 Global Operations period.
Sec. 302. Reform of USERRA complaint process.
Sec. 303. Modification and expansion of reporting requirements with
respect to enforcement of USERRA.
Sec. 304. Training for executive branch human resources personnel on
employment and reemployment rights of
members of the uniformed services.
Sec. 305. Report on the employment needs of Native American veterans
living on tribal lands.
Sec. 306. Report on measures to assist and encourage veterans in
completing vocational rehabilitation.
Subtitle B--Education Matters
Sec. 311. Modification of period of eligibility for Survivors' and
Dependents' Educational Assistance of
certain spouses of individuals with
service-connected disabilities total and
permanent in nature.
Sec. 312. Repeal of requirement for report to the Secretary of Veterans
Affairs on prior training.
Sec. 313. Modification of waiting period before affirmation of
enrollment in a correspondence course.
Sec. 314. Change of programs of education at the same educational
institution.
Sec. 315. Repeal of certification requirement with respect to
applications for approval of self-
employment on-job training.
Subtitle C--Other Matters
Sec. 321. Designation of the Office of Small Business Programs of the
Department of Veterans Affairs.
TITLE IV--COURT MATTERS
Sec. 401. Temporary increase in number of authorized judges of the
United States Court of Appeals for Veterans
Claims.
Sec. 402. Protection of privacy and security concerns in court records.
Sec. 403. Recall of retired judges of the United States Court of
Appeals for Veterans Claims.
Sec. 404. Annual reports on workload of the United States Court of
Appeals for Veterans Claims.
TITLE V--INSURANCE MATTERS
Sec. 501. Report on inclusion of severe and acute Post Traumatic Stress
Disorder among conditions covered by
traumatic injury protection coverage under
Servicemembers' Group Life Insurance.
Sec. 502. Treatment of stillborn children as insurable dependents under
Servicemembers' Group Life Insurance.
Sec. 503. Other enhancements of Servicemembers' Group Life Insurance
coverage.
TITLE VI--OTHER MATTERS
Sec. 601. Authority for suspension or termination of claims of the
United States against individuals who died
while serving on active duty in the Armed
Forces.
Sec. 602. Memorial headstones and markers for deceased remarried
surviving spouses of veterans.
Sec. 603. Three-year extension of authority to carry out income
verification.
Sec. 604. Three-year extension of temporary authority for the
performance of medical disability
examinations by contract physicians.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
TITLE I--COMPENSATION AND PENSION MATTERS
SEC. 101. REGULATIONS ON CONTENTS OF NOTICE TO BE PROVIDED CLAIMANTS
WITH THE DEPARTMENT OF VETERANS AFFAIRS REGARDING THE
SUBSTANTIATION OF CLAIMS.
(a) In General.--Section 5103(a) is amended--
(1) by inserting ``(1)'' before ``Upon receipt''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The Secretary shall prescribe in regulations requirements
relating to the contents of notice to be provided under this
subsection.
``(B) The regulations required by this paragraph--
``(i) shall specify different contents for notice depending
on whether the claim concerned is an original claim, a claim
for reopening a prior decision on a claim, or a claim for
increase in benefits;
``(ii) may provide additional or alternative contents for
notice if appropriate to the benefit or services sought under
the claim;
``(iii) shall specify for each type of claim for benefits
the general information and evidence required to substantiate
the basic elements of such type of claim; and
``(iv) shall specify the time period limitations required
pursuant to subsection (b).''.
(b) Applicability.--The regulations required by paragraph (2) of
section 5103(a) of title 38, United States Code (as amended by
subsection (a) of this section), shall apply with respect to notices
provided to claimants on or after the effective date of such
regulations.
SEC. 102. JUDICIAL REVIEW OF ADOPTION AND REVISION BY THE SECRETARY OF
VETERANS AFFAIRS OF THE SCHEDULE OF RATINGS FOR
DISABILITIES OF VETERANS.
Section 502 is amended by striking ``(other than an action relating
to the adoption or revision of the schedule of ratings for disabilities
adopted under section 1155 of this title)''.
SEC. 103. AUTOMATIC ANNUAL INCREASE IN RATES OF DISABILITY COMPENSATION
AND DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Indexing to Social Security Increases.--Section 5312 is amended
by adding at the end the following new subsection:
``(d)(1) Whenever there is an increase in benefit amounts payable
under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a
result of a determination made under section 215(i) of such Act (42
U.S.C. 415(i)), the Secretary shall, effective on the date of such
increase in benefit amounts, increase the dollar amounts in effect for
the payment of disability compensation and dependency and indemnity
compensation by the Secretary, as specified in paragraph (2), as such
amounts were in effect immediately prior to the date of such increase
in benefit amounts payable under title II of the Social Security Act,
by the same percentage as the percentage by which such benefit amounts
are increased.
``(2) The dollar amounts to be increased pursuant to paragraph (1)
are the following:
``(A) Compensation.--Each of the dollar amounts in effect
under section 1114 of this title.
``(B) Additional compensation for dependents.--Each of the
dollar amounts in effect under section 1115(1) of this title.
``(C) Clothing allowance.--The dollar amount in effect
under section 1162 of this title.
``(D) New dic rates.--Each of the dollar amounts in effect
under paragraphs (1) and (2) of section 1311(a) of this title.
``(E) Old dic rates.--Each of the dollar amounts in effect
under section 1311(a)(3) of this title.
``(F) Additional dic for surviving spouses with minor
children.--The dollar amount in effect under section 1311(b) of
this title.
``(G) Additional dic for disability.--Each of the dollar
amounts in effect under sections 1311(c) and 1311(d) of this
title.
``(H) DIC for dependent children.--Each of the dollar
amounts in effect under sections 1313(a) and 1314 of this
title.
``(3) Whenever there is an increase under paragraph (1) in amounts
in effect for the payment of disability compensation and dependency and
indemnity compensation, the Secretary shall publish such amounts, as
increased pursuant to such paragraph, in the Federal Register at the
same time as the material required by section 215(i)(2)(D) of the
Social Security Act (42 U.S.C. 415(i)(2)(D)) is published by reason of
a determination under section 215(i) of such Act (42 U.S.C. 415(i)).''.
(b) Effective Date.--Subsection (d) of section 5312 of title 38,
United States Code, as added by subsection (a) of this section, shall
take effect on December 1, 2009.
SEC. 104. CONFORMING AMENDMENT RELATING TO NON-DEDUCTIBILITY FROM
VETERANS' DISABILITY COMPENSATION OF DISABILITY SEVERANCE
PAY FOR DISABILITIES INCURRED BY MEMBERS OF THE ARMED
FORCES IN COMBAT ZONES.
(a) Conforming Amendment.--Section 1646 of the Wounded Warrior Act
(title XVI of Public Law 110-181; 122 Stat. 472) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Conforming Amendment.--Section 1161 of title 38, United
States Code, is amended by striking `as required by section 1212(c) of
title 10' and inserting `to the extent required by section 1212(d) of
title 10'.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 28, 2008 (the date of the enactment of the
Wounded Warrior Act), as if included in that Act, to which they relate.
SEC. 105. REPORT ON PROGRESS OF THE SECRETARY OF VETERANS AFFAIRS IN
ADDRESSING CAUSES FOR VARIANCES IN COMPENSATION PAYMENTS
FOR VETERANS FOR SERVICE-CONNECTED DISABILITIES.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
describing the progress of the Secretary in addressing the causes of
unacceptable variances in compensation payments for veterans for
service-connected disabilities.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A description of the efforts of the Veterans Benefits
Administration to coordinate with the Veterans Health
Administration to improve the quality of examinations of
veterans with service-connected disabilities that are performed
by the Veterans Health Administration and contract clinicians,
including efforts relating to the use of approved templates for
such examinations and of reports on such examinations that are
based on such templates prepared in an easily-readable format.
(2) An assessment of the current personnel requirements of
the Veterans Benefits Administration, including an assessment
of the adequacy of the number of personnel assigned to each
regional office of the Administration for each type of claim
adjudication position.
(3) A description of the differences, if any, in current
patterns of submittal rate of claims to the Secretary of
Veterans Affairs regarding service-connected disabilities among
various populations of veterans, including veterans living in
rural and highly rural areas, minority veterans, veterans who
served in the National Guard or Reserve, and veterans who are
retired from the Armed Forces, and a description and assessment
of efforts undertaken to eliminate such differences.
SEC. 106. REPORT ON STUDIES REGARDING COMPENSATION OF VETERANS FOR LOSS
OF EARNING CAPACITY AND QUALITY OF LIFE AND ON LONG-TERM
TRANSITION PAYMENTS TO VETERANS UNDERGOING REHABILITATION
FOR SERVICE-CONNECTED DISABILITIES.
(a) Finding.--Congress finds that the Secretary of Veterans Affairs
entered into a contract in February 2008 to conduct two studies as
follows:
(1) A study on the appropriate levels of disability
compensation to be paid to veterans to compensate for loss of
earning capacity and quality of life as a result of service-
related disabilities.
(2) A study on the feasability and appropriate level of
long-term transition payments to veterans who are separated
from the Armed Forces due to disability while such veterans are
undergoing rehabilitation for such disability.
(b) Report Required.--
(1) In general.--The Secretary of Veterans Affairs shall
submit to Congress a report on the studies referred to in
subsection (a).
(2) Elements.--The report required by this subsection shall
include the following:
(A) A comprehensive description of the findings and
recommendations of the studies.
(B) A description of the actions proposed to be
taken by the Secretary in light of such findings and
recommendations, including a description of any
modification of the schedule for rating disabilities of
veterans under section 1155 of title 38, United States
Code, proposed to be undertaken by the Secretary and of
any other modification of policy or regulations
proposed to be undertaken by the Secretary.
(C) For each action proposed to be taken as
described in subparagraph (B), a proposed schedule for
the taking of such action, including a schedule for the
commencement and completion of such action.
(D) A description of any legislative action
required in order to authorize, facilitate, or enhance
the taking of any action proposed to be taken as
described in subparagraph (B).
(3) Submittal date.--The report required by this subsection
shall be submitted not later than 210 days after the date of
the enactment of this Act.
TITLE II--HOUSING MATTERS
SEC. 201. TEMPORARY INCREASE IN MAXIMUM LOAN GUARANTY AMOUNT FOR
CERTAIN HOUSING LOANS GUARANTEED BY THE SECRETARY OF
VETERANS AFFAIRS.
Notwithstanding subparagraph (C) of section 3703(a)(1) of title 38,
United States Code, for purposes of any loan described in subparagraph
(A)(i)(IV) of such section that is originated during the period
beginning on the date of the enactment of this Act and ending on
December 31, 2011, the term ``maximum guaranty amount'' shall mean an
amount equal to 25 percent of the higher of--
(1) the limitation determined under section 305(a)(2) of
the Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1454(a)(2)) for the calendar year in which the loan is
originated for a single-family residence; or
(2) 125 percent of the area median price for a single-
family residence, but in no case to exceed 175 percent of the
limitation determined under such section 305(a)(2) for the
calendar year in which the loan is originated for a single-
family residence.
SEC. 202. ENHANCEMENT OF REFINANCING OF HOME LOANS BY VETERANS.
(a) Inclusion of Refinancing Loans Among Loans Subject to Guaranty
Maximum.--Section 3703(a)(1)(A)(i)(IV) is amended by inserting ``(5),''
after ``(3),''.
(b) Increase in Maximum Percentage of Loan-to-Value of Refinancing
Loans Subject to Guaranty.--Section 3710(b)(8) is amended by striking
``90 percent'' and inserting ``95 percent''.
SEC. 203. FOUR-YEAR EXTENSION OF DEMONSTRATION PROJECTS ON ADJUSTABLE
RATE MORTGAGES.
(a) Demonstration Project on Adjustable Rate Mortgages.--Section
3707(a) is amended by striking ``during fiscal years 1993 through
2008'' and inserting ``during the period beginning with the beginning
of fiscal year 1993 and ending at the end of fiscal year 2012''.
(b) Demonstration Project on Hybrid Adjustable Rate Mortgages.--
Section 3707A(a) is amended by striking ``through 2008'' and inserting
``through 2012''.
SEC. 204. ELIGIBILITY FOR SPECIALLY ADAPTED HOUSING BENEFITS AND
ASSISTANCE FOR MEMBERS OF THE ARMED FORCES WITH A
SERVICE-CONNECTED DISABILITY.
The Secretary of Veterans Affairs may provide assistance under
chapter 21 of title 38, United States Code, to a member of the Armed
Forces serving on active duty who is suffering from a disability
described in section 2101 of such title if such disability is the
result of an injury incurred or disease contracted in or aggravated in
line of duty in the active military, naval, or air service. Such
assistance shall be provided to the same extent, and subject to the
same limitations, as assistance is provided to veterans under chapter
21 of such title.
SEC. 205. REPORT ON IMPACT OF MORTGAGE FORECLOSURES ON VETERANS.
(a) Report Required.--Not later than December 31, 2009, the
Secretary of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the effects of mortgage
foreclosures on veterans.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A general assessment of the income of veterans who have
recently separated from the Armed Forces.
(2) An assessment of the effects of any lag or delay in the
adjudication by the Secretary of claims of veterans for
disability compensation on the capacity of veterans to maintain
adequate or suitable housing.
(3) A description of the extent to which the provisions of
the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et
seq.) protect veterans from mortgage foreclosure, and an
assessment of the adequacy of such protections.
(4) A description and assessment of the adequacy of the
home loan guaranty programs of the Department of Veterans
Affairs, including the authorities of such programs and the
assistance provided individuals in the utilization of such
programs, in preventing foreclosure for veterans recently
separated from the Armed Forces, and for members of the Armed
Forces, who have home loans guaranteed by the Secretary.
TITLE III--LABOR AND EDUCATION MATTERS
Subtitle A--Labor and Employment Matters
SEC. 301. WAIVER OF 24-MONTH LIMITATION ON PROGRAM OF INDEPENDENT
LIVING SERVICES AND ASSISTANCE FOR VETERANS WITH A SEVERE
DISABILITY INCURRED IN THE POST-9/11 GLOBAL OPERATIONS
PERIOD.
Section 3105(d) is amended--
(1) by striking ``Unless the Secretary'' and all that
follows through ``the period of a program'' and inserting ``(1)
Except as provided in paragraph (2), the period of a program'';
and
(2) by adding at the end the following new paragraph:
``(2)(A) The period of a program of independent living services and
assistance for a veteran under this chapter may exceed twenty-four
months as follows:
``(i) If the Secretary determines that a longer period is
necessary and likely to result in a substantial increase in the
veteran's level of independence in daily living.
``(ii) If the veteran served on active duty during the
Post-9/11 Global Operations period and has a severe disability
(as determined by the Secretary for purposes of this clause)
incurred or aggravated in such service.
``(B) In this paragraph, the term `Post-9/11 Global Operations
period' means the period of the Persian Gulf War beginning on September
11, 2001, and ending on the date thereafter prescribed by Presidential
proclamation or by law.''.
SEC. 302. REFORM OF USERRA COMPLAINT PROCESS.
(a) Notification of Rights With Respect to Complaints.--Subsection
(c) of section 4322 is amended to read as follows:
``(c)(1) Not later than five days after the Secretary receives a
complaint submitted by a person under subsection (a), the Secretary
shall notify such person in writing of his or her rights with respect
to such complaint under this section and section 4323 or 4324, as the
case may be.
``(2) The Secretary shall, upon request, provide technical
assistance to a potential claimant with respect to a complaint under
this subsection, and when appropriate, to such claimant's employer.''.
(b) Notification of Results of Investigation in Writing.--
Subsection (e) of such section is amended by inserting ``in writing''
after ``submitted the complaint''.
(c) Expedition of Attempts To Investigate and Resolve Complaints.--
Section 4322 is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Any action required by subsections (d) and (e) with respect
to a complaint submitted by a person to the Secretary under subsection
(a) shall be completed by the Secretary not later than 90 days after
receipt of such complaint.''.
(d) Expedition of Referrals.--
(1) Expedition of referrals to attorney general.--Section
4323(a)(1) is amended by inserting ``Not later than 60 days
after the Secretary receives such a request with respect to a
complaint, the Secretary shall refer the complaint to the
Attorney General.'' after ``to the Attorney General.''.
(2) Expedition of referrals to special counsel.--Section
4324(a)(1) is amended by striking ``The Secretary shall refer''
and inserting ``Not later than 60 days after the date the
Secretary receives such a request, the Secretary shall refer''.
(e) Notification of Representation.--
(1) Notification by attorney general.--Section 4323(a) is
further amended--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) Not later than 60 days after the date the Attorney General
receives a referral under paragraph (1), the Attorney General shall--
``(A) make a decision whether to appear on behalf of, and
act as attorney for, the person on whose behalf the complaint
is submitted; and
``(B) notify such person in writing of such decision.''.
(2) Notification by special counsel.--Subparagraph (B) of
section 4324(a)(2) is amended to read as follows:
``(B) Not later than 60 days after the date the Special Counsel
receives a referral under paragraph (1), the Special Counsel shall--
``(i) make a decision whether to represent a person before
the Merit Systems Protection Board under subparagraph (A); and
``(ii) notify such person in writing of such decision.''.
(f) Deadlines, Statutes of Limitations, and Related Matters.--
(1) In general.--Subchapter III of chapter 43 is amended by
adding at the end the following new section:
``Sec. 4327. Noncompliance of Federal officials with deadlines;
inapplicability of statutes of limitations
``(a) Effect of Noncompliance of Federal Officials With
Deadlines.--(1) The inability of the Secretary, the Attorney General,
or the Special Counsel to comply with a deadline applicable to such
official under section 4322, 4323, or 4324 of this title--
``(A) shall not affect the authority of the Attorney
General or the Special Counsel to represent and file an action
or submit a complaint on behalf of a person under section 4323
or 4324 of this title;
``(B) shall not affect the right of a person--
``(i) to commence an action under section 4323 of
this title;
``(ii) to submit a complaint under section 4324 of
this title; or
``(iii) to obtain any type of assistance or relief
authorized by this chapter;
``(C) shall not deprive a Federal court, the Merit Systems
Protection Board, or a State court of jurisdiction over an
action or complaint filed by the Attorney General, the Special
Counsel, or a person under section 4323 or 4324 of this title;
and
``(D) shall not constitute a defense, including a statute
of limitations period, that any employer (including a State, a
private employer, or a Federal executive agency) or the Office
of Personnel Management may raise in an action filed by the
Attorney General, the Special Counsel, or a person under
section 4323 or 4324 of this title.
``(2) If the Secretary, the Attorney General, or the Special
Counsel is unable to meet a deadline applicable to such official in
section 4322(f), 4323(a)(1), 4323(a)(2), 4324(a)(1), or 4324(a)(2)(B)
of this title, and the person agrees to an extension of time, the
Secretary, the Attorney General, or the Special Counsel, as the case
may be, shall complete the required action within the additional period
of time agreed to by the person.
``(b) Inapplicability of Statutes of Limitations.--If any person
seeks to file a complaint or claim with the Secretary, the Merit
Systems Protection Board, or a Federal or State court under this
chapter alleging a violation of this chapter, there shall be no limit
on the period for filing the complaint or claim.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 43 is amended by inserting after the item
relating to section 4326 the following new item:
``4327. Noncompliance of Federal officials with deadlines;
inapplicability of statutes of
limitations.''.
(3) Conforming amendment.--Section 4323 is further
amended--
(A) by striking subsection (i); and
(B) by redesignating subsection (j) as subsection
(i).
SEC. 303. MODIFICATION AND EXPANSION OF REPORTING REQUIREMENTS WITH
RESPECT TO ENFORCEMENT OF USERRA.
(a) Date of Annual Reports.--Section 4332 is amended by striking
``and no later than February 1, 2005'' and all that follows through the
``such February 1:'' and inserting ``, transmit to Congress not later
than July 1 each year a report on matters for the fiscal year ending in
the year before the year in which such report is transmitted as
follows:''.
(b) Modification of Annual Reports by Secretary.--Such section is
further amended--
(1) by striking ``The Secretary shall'' and inserting ``(a)
Annual Report by Secretary.--The Secretary shall'';
(2) in paragraph (3), by inserting before the period at the
end the following: ``and the number of actions initiated by the
Office of Special Counsel before the Merit Systems Protection
Board pursuant to section 4324 during such fiscal year'';
(3) by redesignating paragraphs (6) and (7) as paragraphs
(9) and (10), respectively;
(4) by inserting after paragraph (5) the following new
paragraph (8):
``(8) With respect to the cases reported on pursuant to
paragraphs (1), (2), (3), (4), and (5) the number of such cases
that involve persons with different occupations or persons
seeking different occupations, as designated by the Standard
Occupational Classification System.''.
(5) by redesignating paragraph (5) as paragraph (7);
(6) by inserting after paragraph (4) the following new
paragraphs (5) and (6):
``(5) The number of cases reviewed by the Secretary and the
Secretary of Defense through the National Committee for
Employer Support of the Guard and Reserve of the Department of
Defense that involve the same person.
``(6) With respect to the cases reported on pursuant to
paragraphs (1), (2), (3), (4), and (5)--
``(A) the number of such cases that involve a
disability-related issue; and
``(B) the number of such cases that involve a
person who has a service-connected disability.''; and
(7) in paragraph (7), as redesignated by paragraph (5) of
this subsection, by striking ``or (4)'' and inserting ``(4), or
(5)''.
(c) Additional Reports.--Such section is further amended by adding
at the end the following new subsection:
``(b) Quarterly Reports.--
``(1) Quarterly report by secretary.--Not later than 30
days after the end of each fiscal quarter, the Secretary shall
submit to Congress, the Secretary of Defense, the Attorney
General, and the Special Counsel a report setting forth, for
the previous full quarter, the following:
``(A) The number of cases for which the Secretary
did not meet the requirements of section 4322(f) of
this title.
``(B) The number of cases for which the Secretary
received a request for a referral under paragraph (1)
of section 4323(a) of this title but did not make such
referral within the time period required by such
paragraph.
``(2) Quarterly report by attorney general.--Not later than
30 days after the end of each fiscal quarter, the Attorney
General shall submit to Congress, the Secretary, the Secretary
of Defense, and the Special Counsel a report setting forth, for
the previous full quarter, the number of cases for which the
Attorney General received a referral under paragraph (1) of
section 4323(a) of this title but did not meet the requirements
of paragraph (2) of section 4323(a) of this title for such
referral.
``(3) Quarterly report by special counsel.--Not later than
30 days after the end of each fiscal quarter, the Special
Counsel shall submit to Congress, the Secretary, the Secretary
of Defense, and the Attorney General a report setting forth,
for the previous full quarter, the number of cases for which
the Special Counsel received a referral under paragraph (1) of
section 4324(a) of this title but did not meet the requirements
of paragraph (2)(B) of section 4324(a) of this title for such
referral.''.
(d) Uniform Categorization of Data.--Such section is further
amended by adding at the end the following new subsection:
``(c) Uniform Categorization of Data.--The Secretary shall
coordinate with the Secretary of Defense, the Attorney General, and the
Special Counsel to ensure that--
``(1) the information in the reports required by this
section is categorized in a uniform way; and
``(2) the Secretary, the Secretary of Defense, the Attorney
General, and the Special Counsel each have electronic access to
the case files reviewed under this chapter by the Secretary,
the Secretary of Defense, the Attorney General, and the Special
Counsel with due regard for the provisions of section 552a of
title 5.''.
(e) Comptroller General Report.--Not later than two years after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report that contains the
following:
(1) An assessment of the reliability of the data contained
in the reports submitted under subsection (b) of section 4332
of title 38, United States Code (as amended by subsection (c)
of this section), as of the date of such report.
(2) An assessment of the timeliness of the reports
submitted under subsection (b) of section 4332 of title 38,
United States Code (as so amended), as of such date.
(3) The extent to which the Secretary of Labor is meeting
the timeliness requirements of subsections (c)(1) and (f) of
section 4322 of title 38, United States Code (as amended by
section 302 of this Act), and section 4323(a)(1) of title 38,
United States Code (as so amended), as of the date of such
report.
(4) The extent to which the Attorney General is meeting the
timeliness requirements of section 4323(a)(2) of title 38,
United States Code (as amended by section 302 of this Act), as
of the date of such report.
(5) The extent to which the Special Counsel is meeting the
timeliness requirements of section 4324(a)(2)(B) of title 38,
United States Code (as amended by section 302 of this Act), as
of the date of such report.
(f) Effective Date.--The amendments made by this section shall
apply with respect to each report required under section 4332 of title
38, United States Code (as amended by this section), after the date of
the enactment of this Act.
SEC. 304. TRAINING FOR EXECUTIVE BRANCH HUMAN RESOURCES PERSONNEL ON
EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES.
(a) Training Required.--Subchapter IV of chapter 43 is amended by
adding at the end the following new section:
``Sec. 4335. Training for Federal executive agency human resources
personnel on employment and reemployment rights and
limitations
``(a) Training Required.--The head of each Federal executive agency
shall provide training for the human resources personnel of such agency
on the following:
``(1) The rights, benefits, and obligations of members of
the uniformed services under this chapter.
``(2) The application and administration of the
requirements of this chapter by such agency with respect to
such members.
``(b) Consultation.--The training provided under subsection (a)
shall be developed and provided in consultation with the Director of
the Office of Personnel Management.
``(c) Frequency.--The training under subsection (a) shall be
provided with such frequency as the Director of the Office of Personnel
Management shall specify in order to ensure that the human resources
personnel of Federal executive agencies are kept fully and currently
informed of the matters covered by the training.
``(d) Human Resources Personnel Defined.--In this section, the term
`human resources personnel', in the case of a Federal executive agency,
means any personnel of the agency who are authorized to recommend,
take, or approve any personnel action that is subject to the
requirements of this chapter with respect to employees of the
agency.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 43 is amended by adding at the end the following new item:
``4335. Training for Federal executive agency human resources personnel
on employment and reemployment rights and
limitations.''.
SEC. 305. REPORT ON THE EMPLOYMENT NEEDS OF NATIVE AMERICAN VETERANS
LIVING ON TRIBAL LANDS.
(a) Report.--Not later than December 1, 2009, the Secretary of
Labor shall, in consultation with the Secretary of Veterans Affairs and
the Secretary of the Interior, submit to Congress a report assessing
the employment needs of Native American (American Indian, Alaska
Native, Native Hawaiian, and Pacific Islander) veterans living on
tribal lands, including Indian reservations, Alaska Native villages,
and Hawaiian Home Lands. The report shall include--
(1) a review of current and prior government-to-government
relationships between tribal organizations and the Veterans'
Employment and Training Service of the Department of Labor; and
(2) recommendations for improving employment and job
training opportunities for Native American veterans on tribal
land, especially through the utilization of resources for
veterans.
(b) Tribal Organization Defined.--In this section, the term
``tribal organization'' has the meaning given such term in section
3765(4) of title 38, United States Code.
SEC. 306. REPORT ON MEASURES TO ASSIST AND ENCOURAGE VETERANS IN
COMPLETING VOCATIONAL REHABILITATION.
(a) Study Required.--The Secretary of Veterans Affairs shall
conduct a study on measures to assist and encourage veterans in
completing vocational rehabilitation. The study shall include an
identification of the following:
(1) The various factors that may prevent or preclude
veterans from completing their vocational rehabilitation plans
through the Department of Veterans Affairs or otherwise
achieving the vocational rehabilitation objectives of such
plans.
(2) The actions to be taken by the Secretary to assist and
encourage veterans in overcoming the factors identified in
paragraph (1) and in otherwise completing their vocational
rehabilitation plans or achieving the vocational rehabilitation
objectives of such plans.
(b) Matters To Be Examined.--In conducting the study required by
subsection (a), the Secretary shall examine the following:
(1) Measures utilized in other disability systems in the
United States, and in other countries, to encourage completion
of vocational rehabilitation by persons covered by such
systems.
(2) Any studies or survey data available to the Secretary
that relates to the matters covered by the study.
(3) The extent to which disability compensation may be used
as an incentive to encourage veterans to undergo and complete
vocational rehabilitation.
(4) The report of the Veterans' Disability Benefits
Commission established pursuant to section 1501 of the National
Defense Authorization Act of 2004 (38 U.S.C. 1101 note).
(5) The report of the President's Commission on Care for
America's Returning Wounded Warriors.
(6) Any other matters that the Secretary considers
appropriate for purposes of the study.
(c) Considerations.--In conducting the study required by subsection
(a), the Secretary shall consider--
(1) the extent to which bonus payments or other incentives
may be used to encourage veterans to complete their vocational
rehabilitation plans or otherwise achieve the vocational
rehabilitation objectives of such plans; and
(2) such other matters as the Secretary considers
appropriate.
(d) Consultation.--In conducting the study required by subsection
(a), the Secretary--
(1) shall consult with such veterans and military service
organizations, and with such other public and private
organizations and individuals, as the Secretary considers
appropriate; and
(2) may employ consultants.
(e) Report.--Not later than 270 days after the commencement of the
study required by subsection (a), the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the
study. The report shall include the following:
(1) The findings of the Secretary under the study.
(2) Any recommendations that the Secretary considers
appropriate for actions to be taken by the Secretary in light
of the study, including a proposal for such legislative or
administrative action as the Secretary considers appropriate to
implement the recommendations.
Subtitle B--Education Matters
SEC. 311. MODIFICATION OF PERIOD OF ELIGIBILITY FOR SURVIVORS' AND
DEPENDENTS' EDUCATIONAL ASSISTANCE OF CERTAIN SPOUSES OF
INDIVIDUALS WITH SERVICE-CONNECTED DISABILITIES TOTAL AND
PERMANENT IN NATURE.
Section 3512(b)(1) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B) or
(C)'' and inserting ``subparagraph (B), (C), or (D)''; and
(2) by adding at the end the following new subparagraph:
``(D) Notwithstanding subparagraph (A), an eligible person referred
to in that subparagraph who is made eligible under section
3501(a)(1)(D)(i) of this title by reason of a service-connected
disability that was determined to be a total disability permanent in
nature not later than three years after discharge from service may be
afforded educational assistance under this chapter during the 20-year
period beginning on the date the disability was so determined to be a
total disability permanent in nature, but only if the eligible person
remains the spouse of the disabled person throughout the period.''.
SEC. 312. REPEAL OF REQUIREMENT FOR REPORT TO THE SECRETARY OF VETERANS
AFFAIRS ON PRIOR TRAINING.
Section 3676(c)(4) is amended by striking ``and the Secretary''.
SEC. 313. MODIFICATION OF WAITING PERIOD BEFORE AFFIRMATION OF
ENROLLMENT IN A CORRESPONDENCE COURSE.
Section 3686(b) is amended by striking ``ten'' and inserting
``five''.
SEC. 314. CHANGE OF PROGRAMS OF EDUCATION AT THE SAME EDUCATIONAL
INSTITUTION.
Section 3691(d) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively;
(2) by inserting ``(1)'' after ``(d)'';
(3) in subparagraph (C) of paragraph (1), as redesignated
by paragraphs (1) and (2) of this section, by striking ``or''
at the end;
(4) in subparagraph (D) of paragraph (1), as so
redesignated, by striking the period at the end and inserting
``; or''; and
(5) by adding at the end the following:
``(E) the change from the program to another program is at
the same educational institution and such educational
institution determines that the new program is suitable to the
aptitudes, interests, and abilities of the veteran or eligible
person and certifies to the Secretary the enrollment of the
veteran or eligible person in the new program.
``(2) A veteran or eligible person undergoing a change from one
program of education to another program of education as described in
paragraph (1)(E) shall not be required to apply to the Secretary for
approval of such change.''.
SEC. 315. REPEAL OF CERTIFICATION REQUIREMENT WITH RESPECT TO
APPLICATIONS FOR APPROVAL OF SELF-EMPLOYMENT ON-JOB
TRAINING.
Section 3677(b) is amended by adding at the end the following new
paragraph:
``(3) The requirement for certification under paragraph (1) shall
not apply to training described in section 3452(e)(2) of this title.''.
Subtitle C--Other Matters
SEC. 321. DESIGNATION OF THE OFFICE OF SMALL BUSINESS PROGRAMS OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Designation.--The Office of Small Business Programs of the
Department of Veterans Affairs is the office that is established within
the Office of the Secretary of Veterans Affairs under section 15(k) of
the Small Business Act (15 U.S.C. 644(k)).
(b) Head.--The Director of Small Business Programs is the head of
the Office of Small Business Programs of the Department of Veterans
Affairs.
TITLE IV--COURT MATTERS
SEC. 401. TEMPORARY INCREASE IN NUMBER OF AUTHORIZED JUDGES OF THE
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.
Section 7253 is amended by adding at the end the following new
subsection:
``(i) Additional Temporary Expansion of Court.--(1) Subject to
paragraph (2), effective as of December 31, 2009, the authorized number
of judges of the Court specified in subsection (a) is increased by two.
``(2) Effective as of January 1, 2013, an appointment may not be
made to the Court if the appointment would result in there being more
judges of the Court than the authorized number of judges of the Court
specified in subsection (a).''.
SEC. 402. PROTECTION OF PRIVACY AND SECURITY CONCERNS IN COURT RECORDS.
Section 7268 is amended by adding at the end the following new
subsection:
``(c)(1) The Court shall prescribe rules, in accordance with
section 7264(a) of this title, to protect privacy and security concerns
relating to all filing of documents and the public availability under
this subsection of documents retained by the Court or filed
electronically with the Court.
``(2) The rules prescribed under paragraph (1) shall be consistent
to the extent practicable with rules addressing privacy and security
issues throughout the Federal courts.
``(3) The rules prescribed under paragraph (1) shall take into
consideration best practices in Federal and State courts to protect
private information or otherwise maintain necessary information
security.''.
SEC. 403. RECALL OF RETIRED JUDGES OF THE UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS.
(a) Repeal of Limit on Service of Recalled Retired Judges Who
Voluntarily Serve More Than 90 Days.--Section 7257(b)(2) is amended by
striking ``or for more than a total of 180 days (or the equivalent)
during any calendar year''.
(b) New Judges Recalled After Retirement Receive Pay of Current
Judges Only During Period of Recall.--
(1) In general.--Section 7296(c) is amended by striking
paragraph (1) and inserting the following new paragraph:
``(1)(A) A judge who is appointed on or after the date of the
enactment of the Veterans' Benefits Improvement Act of 2008 and who
retires under subsection (b) and elects under subsection (d) to receive
retired pay under this subsection shall (except as provided in
paragraph (2)) receive retired pay as follows:
``(i) In the case of a judge who is a recall-eligible
retired judge under section 7257 of this title, the retired pay
of the judge shall (subject to section 7257(d)(2) of this
title) be the rate of pay applicable to that judge at the time
of retirement, as adjusted from time to time under subsection
(f)(3).
``(ii) In the case of a judge other than a recall-eligible
retired judge, the retired pay of the judge shall be the rate
of pay applicable to that judge at the time of retirement.
``(B) A judge who retired before the date of the enactment of the
Veterans' Benefits Improvement Act of 2008 and elected under subsection
(d) to receive retired pay under this subsection, or a judge who
retires under subsection (b) and elects under subsection (d) to receive
retired pay under this subsection, shall (except as provided in
paragraph (2)) receive retired pay as follows:
``(i) In the case of a judge who is a recall-eligible
retired judge under section 7257 of this title or who was a
recall-eligible retired judge under that section and was
removed from recall status under subsection (b)(4) of that
section by reason of disability, the retired pay of the judge
shall be the pay of a judge of the court.
``(ii) In the case of a judge who at the time of retirement
did not provide notice under section 7257 of this title of
availability for service in a recalled status, the retired pay
of the judge shall be the rate of pay applicable to that judge
at the time of retirement.
``(iii) In the case of a judge who was a recall-eligible
retired judge under section 7257 of this title and was removed
from recall status under subsection (b)(3) of that section, the
retired pay of the judge shall be the pay of the judge at the
time of the removal from recall status.''.
(2) Cost-of-living adjustment for retired pay of new judges
who are recall-eligible.--Section 7296(f)(3)(A) is amended by
striking ``paragraph (2) of subsection (c)'' and inserting
``paragraph (1)(A)(i) or (2) of subsection (c)''.
(3) Pay during period of recall.--Subsection (d) of section
7257 is amended to read as follows:
``(d)(1) The pay of a recall-eligible retired judge to whom section
7296(c)(1)(B) of this title applies is the pay specified in that
section.
``(2) A judge who is recalled under this section who retired under
chapter 83 or 84 of title 5 or to whom section 7296(c)(1)(A) of this
title applies shall be paid, during the period for which the judge
serves in recall status, pay at the rate of pay in effect under section
7253(e) of this title for a judge performing active service, less the
amount of the judge's annuity under the applicable provisions of
chapter 83 or 84 of title 5 or the judge's annuity under section
7296(c)(1)(A) of this title, whichever is applicable.''.
(4) Notice.--The last sentence of section 7257(a)(1) is
amended to read as follows: ``Such a notice provided by a
retired judge to whom section 7296(c)(1)(B) of this title
applies is irrevocable.''.
(c) Limitation on Involuntary Recalls.--Section 7257(b)(3) is
amended by adding at the end the following new sentence: ``This
paragraph shall not apply to a judge to whom section 7296(c)(1)(A) or
7296(c)(1)(B) of this title applies and who has, in the aggregate,
served at least five years of recalled service on the Court under this
section.''.
SEC. 404. ANNUAL REPORTS ON WORKLOAD OF THE UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS.
(a) In General.--Subchapter III of chapter 72 is amended by adding
at the end the following new section:
``Sec. 7288. Annual report
``(a) In General.--The chief judge of the Court shall submit to the
appropriate committees of Congress each year a report summarizing the
workload of the Court for the fiscal year ending during the preceding
year.
``(b) Elements.--Each report under subsection (a) shall include,
with respect to the fiscal year covered by such report, the following
information:
``(1) The number of appeals filed with the Court.
``(2) The number of petitions filed with the Court.
``(3) The number of applications filed with the Court under
section 2412 of title 28.
``(4) The total number of dispositions by each of the
following:
``(A) The Court as a whole.
``(B) The Clerk of the Court.
``(C) A single judge of the Court.
``(D) A multi-judge panel of the Court.
``(E) The full Court.
``(5) The number of each type of disposition by the Court,
including settlement, affirmation, remand, vacation, dismissal,
reversal, grant, and denial.
``(6) The median time from filing an appeal to disposition
by each of the following:
``(A) The Court as a whole.
``(B) The Clerk of the Court.
``(C) A single judge of the Court.
``(D) Multiple judges of the Court (including a
multi-judge panel of the Court or the full Court).
``(7) The median time from filing a petition to disposition
by the Court.
``(8) The median time from filing an application under
section 2412 of title 28 to disposition by the Court.
``(9) The median time from the completion of briefing
requirements by the parties to disposition by the Court.
``(10) The number of oral arguments before the Court.
``(11) The number of cases appealed to the United States
Court of Appeals for the Federal Circuit.
``(12) The number and status of appeals and petitions
pending with the Court and of applications described in
paragraph (3) as of the end of such fiscal year.
``(13) The number of cases pending with the Court more than
18 months as of the end of such fiscal year.
``(14) A summary of any service performed for the Court by
a recalled retired judge of the Court.
``(15) An assessment of the workload of each judge of the
Court, including consideration of the following:
``(A) The time required of each judge for
disposition of each type of case.
``(B) The number of cases reviewed by the Court.
``(C) The average workload of other Federal judges.
``(c) Appropriate Committees of Congress Defined.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Committee on Veterans' Affairs of the Senate; and
``(2) the Committee on Veterans' Affairs of the House of
Representatives.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 72 is amended by inserting after the item related to section
7287 the following new item:
``7288. Annual report.''.
TITLE V--INSURANCE MATTERS
SEC. 501. REPORT ON INCLUSION OF SEVERE AND ACUTE POST TRAUMATIC STRESS
DISORDER AMONG CONDITIONS COVERED BY TRAUMATIC INJURY
PROTECTION COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE
INSURANCE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall, in
consultation with the Secretary of Defense, submit to the appropriate
committees of Congress a report setting forth the assessment of the
Secretary of Veterans Affairs as to the feasability and advisability of
including severe and acute Post Traumatic Stress Disorder (PTSD) among
the conditions covered by traumatic injury protection coverage under
Servicemembers' Group Life Insurance under section 1980A of title 38,
United States Code.
(b) Considerations.--In preparing the assessment required by
subsection (a), the Secretary of Veterans Affairs shall consider the
following:
(1) The advisability of providing traumatic injury
protection coverage under Servicemembers' Group Life Insurance
under section 1980A of title 38, United States Code, for Post
Traumatic Stress Disorder incurred by a member of the Armed
Forces as a direct result of military service in a combat zone
that renders the member unable to carry out the daily
activities of living after the member is discharged or released
from military service.
(2) The unique circumstances of military service, and the
unique experiences of members of the Armed Forces who are
deployed to a combat zone.
(3) Any financial strain incurred by family members of
members of the Armed Forces who suffer severe and acute from
Post Traumatic Stress Disorder.
(4) The recovery time, and any particular difficulty of the
recovery process, for recovery from severe and acute Post
Traumatic Stress Disorder.
(5) Such other matters as the Secretary considers
appropriate.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
SEC. 502. TREATMENT OF STILLBORN CHILDREN AS INSURABLE DEPENDENTS UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE.
(a) Treatment.--Section 1965(10) is amended by adding at the end
the following new subparagraph:
``(C) The member's stillborn child.''.
(b) Conforming Amendment.--Section 101(4)(A) is amended by striking
``section 1965(10)(B)'' in the matter preceding clause (i) and
inserting ``subparagraph (B) or (C) of section 1965(10)''.
SEC. 503. OTHER ENHANCEMENTS OF SERVICEMEMBERS' GROUP LIFE INSURANCE
COVERAGE.
(a) Expansion of Servicemembers' Group Life Insurance To Include
Certain Members of Individual Ready Reserve.--
(1) In general.--Section 1967(a)(1)(C) is amended by
striking ``section 1965(5)(B) of this title'' and inserting
``subparagraph (B) or (C) of section 1965(5) of this title''.
(2) Conforming amendments.--
(A) Section 1967(a)(5)(C) is amended by striking
``section 1965(5)(B) of this title'' and inserting
``subparagraph (B) or (C) of section 1965(5) of this
title''; and
(B) Section 1969(g)(1)(B) is amended by striking
``section 1965(5)(B) of this title'' and inserting
``subparagraph (B) or (C) of section 1965(5) of this
title''.
(b) Reduction in Period of Dependents' Coverage After Member
Separates.--Section 1968(a)(5)(B)(ii) is amended by striking ``120 days
after''.
(c) Authority To Set Premiums for Ready Reservists' Spouses.--
Section 1969(g)(1)(B) is amended by striking ``(which shall be the same
for all such members)''.
(d) Forfeiture of Veterans' Group Life Insurance.--Section 1973 is
amended by striking ``under this subchapter'' and inserting ``and
Veterans' Group Life Insurance under this subchapter''.
(e) Effective and Applicability Dates.--
(1) The amendments made by subsection (a) shall take effect
on the date of the enactment of this Act.
(2) The amendment made by subsection (b) shall apply with
respect to Servicemembers' Group Life Insurance coverage for an
insurable dependent of a member, as defined in section 1965(10)
of title 38, United States Code (as amended by section 502 of
this Act), that begins on or after the date of the enactment of
this Act.
(3) The amendment made by subsection (c) shall take effect
as if enacted on June 5, 2001, immediately after the enactment
of the Veterans' Survivor Benefits Improvements Act of 2001
(Public Law 107-14; 115 Stat. 25).
(4) The amendment made by subsection (d) shall apply with
respect to any act of mutiny, treason, spying, or desertion
committed on or after the date of the enactment of this Act for
which a person is found guilty, or with respect to refusal
because of conscientious objections to perform service in, or
to wear the uniform of, the Armed Forces on or after the date
of the enactment of this Act.
TITLE VI--OTHER MATTERS
SEC. 601. AUTHORITY FOR SUSPENSION OR TERMINATION OF CLAIMS OF THE
UNITED STATES AGAINST INDIVIDUALS WHO DIED WHILE SERVING
ON ACTIVE DUTY IN THE ARMED FORCES.
(a) Authority.--Section 3711(f) of title 31, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The Secretary of Veterans Affairs may suspend or terminate an
action by the Secretary under subsection (a) to collect a claim against
the estate of a person who died while serving on active duty as a
member of the Army, Navy, Air Force, Marine Corps, or Coast Guard
during a period when the Coast Guard is operating as a service in the
Navy if the Secretary determines that, under the circumstances
applicable with respect to the deceased person, it is appropriate to do
so.''.
(b) Equitable Refund of Amounts Collected.--The Secretary of
Veterans Affairs may refund to the estate of such person any amount
collected by the Secretary (whether before, on, or after the date of
the enactment of this Act) from a person who died while serving on
active duty as a member of the Armed Forces if the Secretary determines
that, under the circumstances applicable with respect to the deceased
person, it is appropriate to do so.
SEC. 602. MEMORIAL HEADSTONES AND MARKERS FOR DECEASED REMARRIED
SURVIVING SPOUSES OF VETERANS.
(a) In General.--Section 2306(b)(4)(B) is amended by striking ``an
unremarried surviving spouse whose subsequent remarriage was terminated
by death or divorce'' and inserting ``a surviving spouse who had a
subsequent remarriage''.
(b) Effective Date.--The amendment made by this section shall apply
to deaths occurring on or after the date of the enactment of this Act.
SEC. 603. THREE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT INCOME
VERIFICATION.
Section 5317(g) is amended by striking ``September 30, 2008'' and
inserting ``September 30, 2011''.
SEC. 604. THREE-YEAR EXTENSION OF TEMPORARY AUTHORITY FOR THE
PERFORMANCE OF MEDICAL DISABILITY EXAMINATIONS BY
CONTRACT PHYSICIANS.
Section 704(c) of the Veterans Benefits Act of 2003 (Public Law
108-183; 117 Stat. 2651; 38 U.S.C. 5101 note) is amended by striking
``December 31, 2009'' and inserting ``December 31, 2012''.
Passed the Senate September 16, 2008.
Attest:
Secretary.
110th CONGRESS
2d Session
S. 3023
_______________________________________________________________________
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.