U.S. Congress - Text of S.3023 as Enrolled Bill Veterans' Notice Clarification Act of 2008
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Donate NowS.3023 - Veterans' Notice Clarification Act of 2008
A bill to amend title 38, United States Code, to require the Secretary of Veterans Affairs to prescribe regulations relating to the notice to be provided claimants with the Department of Veterans Affairs regarding the substantiation of claims.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in Senate | 344 | n/a | n/a |
| Reported in Senate | 10,525 | 45 | 98% |
| Engrossed in Senate | 9,805 | 28 | 16% |
| Engrossed Amendment House | 21,416 | 301 | 78% |
| Enrolled Bill | 20,729 | 36 Show Changes Hide Changes | 1% |
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S 3023 EAHIn the House of Representatives, U. S.,
Begun and held at the City of Washington on Thursday,CommentsClose CommentsPermalink
the third day of January, two thousand and eightCommentsClose CommentsPermalink
An ActCommentsClose CommentsPermalink
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’, do pass with the followingAMENDMENT:Strike out all after the enacting clause and insert:.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.CommentsClose CommentsPermalink
(a) Short Title- This Act may be cited as the ‘Veterans’ Benefits Improvement Act of 2008’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Reference to title 38, United States Code.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 102. Judicial review of adoption and revision by the Secretary of Veterans Affairs of the schedule of ratings for disabilities of veterans.CommentsClose CommentsPermalink
Sec. 103. Conforming amendment relating to non-deductibility from veterans’ disability compensation of disability severance pay for disabilities incurred by members of the Armed Forces in combat zones.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 105. Extension of temporary authority for the performance of medical disability examinations by contract physicians.CommentsClose CommentsPermalink
Sec. 106. Addition of osteoporosis to disabilities presumed to be service-connected in former prisoners of war with post-traumatic stress disorder.CommentsClose CommentsPermalink
TITLE II--MODERNIZATION OF DEPARTMENT OF VETERANS AFFAIRS DISABILITY COMPENSATION SYSTEM
Subtitle A--Benefits Matters
Sec. 211. Authority for temporary disability ratings.CommentsClose CommentsPermalink
Sec. 212. Substitution upon death of claimant.CommentsClose CommentsPermalink
Sec. 213. Report on compensation of veterans for loss of earning capacity and quality of life and on long-term transition payments to veterans undergoing rehabilitation for service-connected disabilities.CommentsClose CommentsPermalink
Sec. 214. Advisory Committee on Disability Compensation.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 222. Office of Survivors Assistance.CommentsClose CommentsPermalink
Sec. 223. Comptroller General report on adequacy of dependency and indemnity compensation to maintain survivors of veterans who die from service-connected disabilities.CommentsClose CommentsPermalink
Sec. 224. Independent assessment of quality assurance program.CommentsClose CommentsPermalink
Sec. 225. Certification and training of employees of the Veterans Benefits Administration responsible for processing claims.CommentsClose CommentsPermalink
Sec. 226. Study of performance measures for claims adjudications of the Veterans Benefits Administration.CommentsClose CommentsPermalink
Sec. 227. Review and enhancement of use of information technology in Veterans Benefits Administration.CommentsClose CommentsPermalink
Sec. 228. Study and report on improving access to medical advice.CommentsClose CommentsPermalink
TITLE III--LABOR AND EDUCATION MATTERS
Subtitle A--Labor and Employment Matters
Sec. 311. Reform of USERRA complaint process.CommentsClose CommentsPermalink
Sec. 312. Modification and expansion of reporting requirements with respect to enforcement of USERRA.CommentsClose CommentsPermalink
Sec. 313. Training for executive branch human resources personnel on employment and reemployment rights of members of the uniformed services.CommentsClose CommentsPermalink
Sec. 314. Report on the employment needs of Native American veterans living on tribal lands.CommentsClose CommentsPermalink
Sec. 315. Equity powers.CommentsClose CommentsPermalink
Sec. 316. Waiver of residency requirement for Directors for Veterans’ Employment and Training.CommentsClose CommentsPermalink
Sec. 317. Modification of special unemployment study to cover veterans of Post 9/11 Global Operations.CommentsClose CommentsPermalink
Subtitle B--Education Matters
Sec. 321. Modification of period of eligibility for Survivors’ and Dependents’ Educational Assistance of certain spouses of individuals with service-connected disabilities total and permanent in nature.CommentsClose CommentsPermalink
Sec. 322. Repeal of requirement for report to the Secretary of Veterans Affairs on prior training.CommentsClose CommentsPermalink
Sec. 323. Modification of waiting period before affirmation of enrollment in a correspondence course.CommentsClose CommentsPermalink
Sec. 324. Change of programs of education at the same educational institution.CommentsClose CommentsPermalink
Sec. 325. Repeal of certification requirement with respect to applications for approval of self-employment on-job training.CommentsClose CommentsPermalink
Sec. 326. Coordination of approval activities in the administration of education benefits.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 332. Increase in cap of number of veterans participating in independent living program.CommentsClose CommentsPermalink
Sec. 333. Report on measures to assist and encourage veterans in completing vocational rehabilitation.CommentsClose CommentsPermalink
Sec. 334. Longitudinal study of Department of Veterans Affairs vocational rehabilitation programs.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 402. Treatment of stillborn children as insurable dependents under Servicemembers’ Group Life Insurance.CommentsClose CommentsPermalink
Sec. 403. Other enhancements of Servicemembers’ Group Life Insurance coverage.CommentsClose CommentsPermalink
Sec. 404. Administrative costs of service disabled veterans’ insurance.CommentsClose CommentsPermalink
TITLE V--HOUSING MATTERS
Sec. 501. Temporary increase in maximum loan guaranty amount for certain housing loans guaranteed by Secretary of Veterans Affairs.CommentsClose CommentsPermalink
Sec. 502. Report on impact of mortgage foreclosures on veterans.CommentsClose CommentsPermalink
Sec. 503. Requirement for regular updates to handbook for design furnished to veterans eligible for specially adapted housing assistance by Secretary of Veterans Affairs.CommentsClose CommentsPermalink
Sec. 504. Enhancement of refinancing of home loans by veterans.CommentsClose CommentsPermalink
Sec. 505. Extension of certain veterans home loan guaranty programs.CommentsClose CommentsPermalink
TITLE VI--COURT MATTERS
Sec. 601. Temporary increase in number of authorized judges of the United States Court of Appeals for Veterans Claims.CommentsClose CommentsPermalink
Sec. 602. Protection of privacy and security concerns in court records.CommentsClose CommentsPermalink
Sec. 603. Recall of retired judges of the United States Court of Appeals for Veterans Claims.CommentsClose CommentsPermalink
Sec. 604. Annual reports on workload of the United States Court of Appeals for Veterans Claims.CommentsClose CommentsPermalink
Sec. 605. Additional discretion in imposition of practice and registration fees.CommentsClose CommentsPermalink
TITLE VII--ASSISTANCE TO UNITED STATES PARALYMPIC INTEGRATED ADAPTIVE SPORTS PROGRAM
Sec. 701. Findings and purpose.CommentsClose CommentsPermalink
Sec. 702. Department of Veterans Affairs provision of assistance to United States Paralympics, Inc.CommentsClose CommentsPermalink
Sec. 703. Department of Veterans Affairs Office of National Veterans Sports Programs and Special Events.CommentsClose CommentsPermalink
Sec. 704. Comptroller General report.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 802. Three-year extension of authority to carry out income verification.CommentsClose CommentsPermalink
Sec. 803. Maintenance, management, and availability for research of assets of Air Force Health Study.CommentsClose CommentsPermalink
Sec. 804. National Academies study on risk of developing multiple sclerosis as a result of certain service in the Persian Gulf War and Post 9/11 Global Operations theaters.CommentsClose CommentsPermalink
Sec. 805. Termination or suspension of contracts for cellular telephone service for certain servicemembers.CommentsClose CommentsPermalink
Sec. 806. Contracting goals and preferences for veteran-owned small business concerns.CommentsClose CommentsPermalink
Sec. 807. Penalties for violation of interest rate limitation under Servicemembers Civil Relief Act.CommentsClose CommentsPermalink
Sec. 808. Five-year extension of sunset provision for Advisory Committee on Minority Veterans.CommentsClose CommentsPermalink
Sec. 809. Authority of Secretary of Veterans Affairs to advertise to promote awareness of benefits under laws administered by the Secretary.CommentsClose CommentsPermalink
Sec. 810. Memorial headstones and markers for deceased remarried surviving spouses of veterans.CommentsClose CommentsPermalink
SEC. 2. REFERENCE TO TITLE 38, UNITED STATES CODE.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
TITLE I--COMPENSATION AND PENSION MATTERSCommentsClose CommentsPermalink
SEC. 101. REGULATIONS ON CONTENTS OF NOTICE TO BE PROVIDED CLAIMANTS BY THE DEPARTMENT OF VETERANS AFFAIRS REGARDING THE SUBSTANTIATION OF CLAIMS.CommentsClose CommentsPermalink
(a) In General- Section 5103(a) is amended--CommentsClose CommentsPermalink
(1) by inserting ‘(1)’ before ‘Upon receipt’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2)(A) The Secretary shall prescribe in regulations requirements relating to the contents of notice to be provided under this subsection.CommentsClose CommentsPermalink
‘(B) The regulations required by this paragraph--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(ii) shall provide that the contents for such notice be appropriate to the type of benefits or services sought under the claim;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(iv) shall specify the time period limitations required pursuant to subsection (b).’.CommentsClose CommentsPermalink
(b) Applicability- The regulations required by paragraph (2) of
SEC. 102. JUDICIAL REVIEW OF ADOPTION AND REVISION BY THE SECRETARY OF VETERANS AFFAIRS OF THE SCHEDULE OF RATINGS FOR DISABILITIES OF VETERANS.CommentsClose CommentsPermalink
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)’.CommentsClose CommentsPermalink
SEC. 103. CONFORMING AMENDMENT RELATING TO NON-DEDUCTIBILITY FROM VETERANS’ DISABILITY COMPENSATION OF DISABILITY SEVERANCE PAY FOR DISABILITIES INCURRED BY MEMBERS OF THE ARMED FORCES IN COMBAT ZONES.CommentsClose CommentsPermalink
(a) Conforming Amendment- Section 1646 of the Wounded Warrior Act (title XVI of
(1) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following new subsection (c):CommentsClose CommentsPermalink
‘(c) Conforming Amendment-
, 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’.’.CommentsClose CommentsPermalink Section 1161 of title 38, United States Code
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Elements- The report required under subsection (a) shall include the following:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) A description of the differences, if any, in current patterns of claims submitted to the Secretary of Veterans Affairs regarding ratings for service-connected disabilities among various populations of veterans, including veterans living in rural and highly rural areas, minority veterans, veterans who served in the National Guard or Reserve, and veterans who are retired from the Armed Forces, and a description and assessment of efforts undertaken to reduce such differences.CommentsClose CommentsPermalink
SEC. 105. EXTENSION OF TEMPORARY AUTHORITY FOR THE PERFORMANCE OF MEDICAL DISABILITY EXAMINATIONS BY CONTRACT PHYSICIANS.CommentsClose CommentsPermalink
Section 704(c) of the Veterans Benefits Act of 2003 (
SEC. 106. ADDITION OF OSTEOPOROSIS TO DISABILITIES PRESUMED TO BE SERVICE-CONNECTED IN FORMER PRISONERS OF WAR WITH POST-TRAUMATIC STRESS DISORDER.CommentsClose CommentsPermalink
Section 1112(b)(2) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(F) Osteoporosis, if the Secretary determines that the veteran has post-traumatic stress disorder (PTSD).’.CommentsClose CommentsPermalink
TITLE II--MODERNIZATION OF DEPARTMENT OF VETERANS AFFAIRS DISABILITY COMPENSATION SYSTEMCommentsClose CommentsPermalink
Subtitle A--Benefits MattersCommentsClose CommentsPermalink
SEC. 211. AUTHORITY FOR TEMPORARY DISABILITY RATINGS.CommentsClose CommentsPermalink
(a) In General- Chapter 11 is amended by inserting after section 1155 the following new section:CommentsClose CommentsPermalink
-‘Sec. 1156. Temporary disability ratingsCommentsClose CommentsPermalink
‘(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:CommentsClose CommentsPermalink
‘(A) To a veteran who--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(ii) has one or more disabilities for which a rating of total is not immediately assignable--CommentsClose CommentsPermalink
‘(I) under the regular provisions of the schedule of ratings; orCommentsClose CommentsPermalink
‘(II) on the basis of individual unemployability; andCommentsClose CommentsPermalink
‘(iii) has one or more--CommentsClose CommentsPermalink
‘(I) severe disabilities that result in substantially gainful employment not being feasible or advisable; orCommentsClose CommentsPermalink
‘(II) healed, unhealed, or incompletely healed wounds or injuries that make material impairment of employability likely.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) With respect to a veteran described in paragraph (1)(A), the Secretary may assign a temporary disability rating to such veteran regardless of whether such veteran has obtained a medical examination or a medical opinion concerning such veteran’s disability.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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:CommentsClose CommentsPermalink
‘(A) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(A), until the later of the date that is--CommentsClose CommentsPermalink
‘(i) 12 months after the date of discharge or release from active duty; orCommentsClose CommentsPermalink
‘(ii) provided in regulations prescribed by the Secretary.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(C) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(C), until the later of the date that is--CommentsClose CommentsPermalink
‘(i) the last day of the month in which the veteran is discharged from the hospital as described in such subsection (a)(1)(C); orCommentsClose CommentsPermalink
‘(ii) provided in regulations prescribed by the Secretary.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(c) Regulations- The Secretary shall prescribe regulations to carry out the provisions of this section.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Application-
, as added by subsection (a), shall apply with respect to a veteran who is discharged or released from active duty (as defined in Section 1156(a)(1) of title 38, United States Code ) on or after the date of the enactment of this Act.CommentsClose CommentsPermalink section 101 of title 38, United States Code (c) Clerical Amendment- The table of sections at the beginning of chapter 11 is amended by inserting after the item relating to section 1155 the following new item:CommentsClose CommentsPermalink
‘1156. Temporary disability ratings.’.CommentsClose CommentsPermalink
SEC. 212. SUBSTITUTION UPON DEATH OF CLAIMANT.CommentsClose CommentsPermalink
(a) In General- Chapter 51 is amended by inserting after section 5121 the following new section:CommentsClose CommentsPermalink
‘Sec. 5121A. Substitution in case of death of claimantCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(3) Substitution under this subsection shall be in accordance with such regulations as the Secretary may prescribe.CommentsClose CommentsPermalink
‘(b) Limitation- Those who are eligible to make a claim under this section shall be determined in accordance with section 5121 of this title.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 51 is amended by inserting after the item relating to section 5121 the following new item:CommentsClose CommentsPermalink
‘5121A. Substitution in case of death of claimant.’.CommentsClose CommentsPermalink
(c) Effective Date-
, 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.CommentsClose CommentsPermalink Section 5121A of title 38, United States Code
SEC. 213. REPORT ON COMPENSATION OF VETERANS FOR LOSS OF EARNING CAPACITY AND QUALITY OF LIFE AND ON LONG-TERM TRANSITION PAYMENTS TO VETERANS UNDERGOING REHABILITATION FOR SERVICE-CONNECTED DISABILITIES.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(1) The most recent study of the Secretary on the appropriate levels of disability compensation to be paid to veterans to compensate for loss of earning capacity and quality of life as a result of service-related disabilities.CommentsClose CommentsPermalink
(2) The most recent study of the Secretary on the feasability and appropriate level of long-term transition payments to veterans who are separated from the Armed Forces due to disability while such veterans are undergoing rehabilitation for such disability.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) A comprehensive description of the findings and recommendations of the Secretary as a result of the studies described in subsection (a).CommentsClose CommentsPermalink
(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
(3) For each action proposed to be taken as described in paragraph (2), a proposed schedule for the taking of such action, including a schedule for the commencement and completion of such action.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
SEC. 214. ADVISORY COMMITTEE ON DISABILITY COMPENSATION.CommentsClose CommentsPermalink
(a) In General- Subchapter III of chapter 5 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
-‘Sec. 546. Advisory Committee on Disability CompensationCommentsClose CommentsPermalink
‘(a) Establishment- (1) There is in the Department the Advisory Committee on Disability Compensation (in this section referred to as the ‘Committee’).CommentsClose CommentsPermalink
‘(2) The Committee shall consist of not more than 18 members appointed by the Secretary from among individuals who--CommentsClose CommentsPermalink
‘(A) have experience with the provision of disability compensation by the Department; orCommentsClose CommentsPermalink
‘(B) are leading medical or scientific experts in relevant fields.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(C) The Secretary may reappoint any member for one or more additional terms of service.CommentsClose CommentsPermalink
‘(4) The Secretary shall select a Chair from among the members of the Committee.CommentsClose CommentsPermalink
‘(b) Responsibilities of Committee- (1) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the maintenance and periodic readjustment of the schedule for rating disabilities under section 1155 of this title.CommentsClose CommentsPermalink
‘(2)(A) In providing advice to the Secretary under this subsection, the Committee shall--CommentsClose CommentsPermalink
‘(i) assemble and review relevant information relating to the needs of veterans with disabilities;CommentsClose CommentsPermalink
‘(ii) provide information relating to the nature and character of disabilities arising from service in the Armed Forces;CommentsClose CommentsPermalink
‘(iii) provide an on-going assessment of the effectiveness of the schedule for rating disabilities; andCommentsClose CommentsPermalink
‘(iv) provide on-going advice on the most appropriate means of responding to the needs of veterans relating to disability compensation in the future.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(c) Resources- The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Committee to carry out its responsibilities.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) an assessment of the needs of veterans with respect to disability compensation; andCommentsClose CommentsPermalink
‘(B) such recommendations (including recommendations for administrative or legislative action) as the Committee considers appropriate.CommentsClose CommentsPermalink
‘(2) The Committee may submit to the Secretary such other reports and recommendations as the Committee considers appropriate.CommentsClose CommentsPermalink
‘(e) Biennial Reports to Congress- (1) Not later than 90 days after the receipt of a report required under subsection (d)(1), the Secretary shall transmit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a copy of such report, together with such comments and recommendations concerning such report as the Secretary considers appropriate.CommentsClose CommentsPermalink
‘(2) The Secretary shall submit with each report required under paragraph (1) a summary of all reports and recommendations of the Committee submitted to the Secretary under subsection (d)(2) since the previous report transmitted by the Secretary under paragraph (1) of this subsection.CommentsClose CommentsPermalink
‘(f) Applicability of Federal Advisory Committee Act- (1) Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Committee under this section.CommentsClose CommentsPermalink
‘(2) Section 14 of such Act shall not apply to the Committee.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to subchapter III the following new item:CommentsClose CommentsPermalink
‘546. Advisory Committee on Disability Compensation.’.CommentsClose CommentsPermalink
Subtitle B--Assistance and Processing MattersCommentsClose CommentsPermalink
SEC. 221. PILOT PROGRAMS ON EXPEDITED TREATMENT OF FULLY DEVELOPED CLAIMS AND PROVISION OF CHECKLISTS TO INDIVIDUALS SUBMITTING CLAIMS.CommentsClose CommentsPermalink
(a) Pilot Program on Expedited Treatment of Fully Developed Claims-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of providing expeditious treatment of fully developed compensation or pension claims to ensure that such claims are adjudicated not later than 90 days after the date on which such claim is submitted as fully developed.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) for which the claimant--CommentsClose CommentsPermalink
(i) received assistance from a veterans service officer, a State or country veterans service officer, an agent, or an attorney; orCommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(B) for which the claimant--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Pilot Program on Provision of Checklists to Individuals Submitting Claims-CommentsClose CommentsPermalink
(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
(2) DURATION OF PILOT PROGRAM- The pilot program under this subsection shall be carried out--CommentsClose CommentsPermalink
(A) for original claims filed after the date of the enactment of this Act, during the one-year period beginning on the date that is 60 days after the date of the enactment of this Act; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(4) CONSTRUCTION- A checklist provided under the pilot program under this subsection--CommentsClose CommentsPermalink
(A) shall be construed to be an addendum to a notice provided under section 5103(a) of title 38, United Sates Code; andCommentsClose CommentsPermalink
(B) shall not be considered as part of such notice for purposes of reversal or remand of a decision of the Secretary.CommentsClose CommentsPermalink
(c) Reports-CommentsClose CommentsPermalink
(1) FIRST INITIAL REPORT- Not later than 335 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the pilot program under subsection (a) and the pilot program under subsection (b) with respect to claims described in subsection (b)(2)(A).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(3) ELEMENTS OF INTERIM REPORTS- The reports required by paragraphs (1) and (2) shall include the following:CommentsClose CommentsPermalink
(A) Data concerning the number and type of claims covered by the respective pilot program.CommentsClose CommentsPermalink
(B) The findings of the Secretary with respect to the respective pilot program.CommentsClose CommentsPermalink
(C) The recommendations of the Secretary on the feasibility and advisability of continuing or expanding the respective pilot program and any necessary modifications to such pilot program for continuation or expansion.CommentsClose CommentsPermalink
(D) Such other information as the Secretary considers appropriate.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 222. OFFICE OF SURVIVORS ASSISTANCE.CommentsClose CommentsPermalink
(a) In General- Chapter 3 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
-‘Sec. 321. Office of Survivors AssistanceCommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(1) to survivors and dependents of deceased veterans; andCommentsClose CommentsPermalink
‘(2) to survivors and dependents of deceased members of the Armed Forces.CommentsClose CommentsPermalink
‘(b) Advisory Duties- The Office shall serve as a primary advisor to the Secretary on all matters related to the policies, programs, legislative issues, and other initiatives affecting the survivors and dependents described in subsection (a).CommentsClose CommentsPermalink
‘(c) Guidance From Stakeholders- In establishing the Office, the Secretary shall seek guidance from interested stakeholders.CommentsClose CommentsPermalink
‘(d) Resources- The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Office to carry out its responsibilities.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘321. Office of Survivors Assistance.’.CommentsClose CommentsPermalink
SEC. 223. COMPTROLLER GENERAL REPORT ON ADEQUACY OF DEPENDENCY AND INDEMNITY COMPENSATION TO MAINTAIN SURVIVORS OF VETERANS WHO DIE FROM SERVICE-CONNECTED DISABILITIES.CommentsClose CommentsPermalink
(a) Report Required- Not later than 10 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Veterans’ Affairs and Appropriations of the Senate and the Committees on Veterans’ Affairs and Appropriations of the House of Representatives a report on the adequacy of dependency and indemnity compensation payable under chapter 13 of title 38, United States Code, to surviving spouses and dependents of veterans who die as a result of a service-connected disability in replacing the deceased veteran’s income.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall include--CommentsClose CommentsPermalink
(1) a description of the current system for the payment of dependency and indemnity compensation to surviving spouses and dependents described in subsection (a), including a statement of the rates of such compensation so payable;CommentsClose CommentsPermalink
(2) an assessment of the adequacy of such payments in replacing the deceased veteran’s income; andCommentsClose CommentsPermalink
(3) such recommendations as the Comptroller General considers appropriate in order to improve or enhance the effects of such payments in replacing the deceased veteran’s income.CommentsClose CommentsPermalink
SEC. 224. INDEPENDENT ASSESSMENT OF QUALITY ASSURANCE PROGRAM.CommentsClose CommentsPermalink
(a) In General- Section 7731 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(c)(1) The Secretary shall enter into a contract with an independent third-party entity to conduct, during the three-year period beginning on the date of the enactment of the Veterans’ Benefits Improvement Act of 2008, an assessment of the quality assurance program carried out under subsection (a).CommentsClose CommentsPermalink
‘(2) The assessment conducted under paragraph (1) shall evaluate the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(B) The performance of each regional office of the Veterans Benefits Administration.CommentsClose CommentsPermalink
‘(C) The accuracy of the disability ratings assigned under the schedule for rating disabilities under section 1155 of this title.CommentsClose CommentsPermalink
‘(D) The consistency of disability ratings among regional offices of the Veterans Benefits Administration, based on a sample of specific disabilities.CommentsClose CommentsPermalink
‘(E) The performance of employees and managers of the Veterans Benefits Administration.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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); andCommentsClose CommentsPermalink
‘(ii) develop a demographic baseline for the data retained, monitored, and stored under subparagraph (A).CommentsClose CommentsPermalink
‘(B) The data described in this subparagraph includes the following:CommentsClose CommentsPermalink
‘(i) For each claim for disability compensation under laws administered by the Secretary submitted by a claimant--CommentsClose CommentsPermalink
‘(I) the State in which the claimant resided when the claim was submitted;CommentsClose CommentsPermalink
‘(II) the decision of the Secretary with respect to the claim and each issue claimed; andCommentsClose CommentsPermalink
‘(III) the regional office and individual employee of the Department responsible for rating the claim.CommentsClose CommentsPermalink
‘(ii) The State in which the claimant currently resides.CommentsClose CommentsPermalink
‘(iii) Such other data as the Secretary determines is appropriate for monitoring the accuracy and consistency of decisions with respect to such claims.CommentsClose CommentsPermalink
‘(5) Nothing in this subsection shall be construed to require the Secretary to replace the quality assurance program under subsection (a) that was in effect on the day before the date of the enactment of this subsection.’.CommentsClose CommentsPermalink
(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
SEC. 225. CERTIFICATION AND TRAINING OF EMPLOYEES OF THE VETERANS BENEFITS ADMINISTRATION RESPONSIBLE FOR PROCESSING CLAIMS.CommentsClose CommentsPermalink
(a) Employee Certification Required-CommentsClose CommentsPermalink
(1) IN GENERAL- Subchapter II of chapter 77 is amended by inserting after section 7732 the following new section:CommentsClose CommentsPermalink
‘Sec. 7732A. Employee certificationCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) In developing the examination required by paragraph (1), the Secretary shall--CommentsClose CommentsPermalink
‘(A) consult with appropriate individuals or entities, including examination development experts, interested stakeholders, and employee representatives; andCommentsClose CommentsPermalink
‘(B) consider the data gathered and produced under section 7731(c)(3) of this title.CommentsClose CommentsPermalink
‘(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).’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘7732A. Employee certification.’.CommentsClose CommentsPermalink
(3) DEADLINES FOR IMPLEMENTATION- The Secretary of Veterans Affairs shall--CommentsClose CommentsPermalink
(A) develop an updated certification examination required under
, as added by subsection (a), not later than one year after the date of the enactment of this Act; andCommentsClose CommentsPermalink section 7732A of title 38, United States Code (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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) evaluate the training programs administered for employees of the Veterans Benefits Administration of the Department of Veterans Affairs; andCommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
SEC. 226. STUDY OF PERFORMANCE MEASURES FOR CLAIMS ADJUDICATIONS OF THE VETERANS BENEFITS ADMINISTRATION.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) to measure and manage the work production of employees of the Veterans Benefits Administration who handle claims for compensation and pension benefits; andCommentsClose CommentsPermalink
(2) to evaluate more effective means of improving performance.CommentsClose CommentsPermalink
(b) Contents of Study- In carrying out the study under subsection (a), the Secretary shall consider--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(2) accountability for claims adjudication outcomes;CommentsClose CommentsPermalink
(3) the quality of claims adjudicated;CommentsClose CommentsPermalink
(4) a simplified process to adjudicate claims;CommentsClose CommentsPermalink
(5) the maximum use of information technology applications;CommentsClose CommentsPermalink
(6) rules-based applications and tools for processing and adjudicating claims efficiently and effectively;CommentsClose CommentsPermalink
(7) methods of reducing the time required to obtain information from outside sources; andCommentsClose CommentsPermalink
(8) the elements needed to implement--CommentsClose CommentsPermalink
(A) performance standards and accountability measures, intended to ensure that--CommentsClose CommentsPermalink
(i) claims for benefits under the laws administered by the Secretary are processed in an objective, accurate, consistent, and efficient manner; andCommentsClose CommentsPermalink
(ii) final decisions with respect to such claims are consistent and issued within the target identified in the most recent annual Performance and Accountability report submitted by the Secretary to Congress for the most recent fiscal year;CommentsClose CommentsPermalink
(B) guidelines and procedures for the identification and prompt processing of such claims that are ready to rate upon submittal;CommentsClose CommentsPermalink
(C) guidelines and procedures for the identification and prompt processing of such claims submitted by severely injured and very severely injured veterans, as determined by the Secretary; andCommentsClose CommentsPermalink
(D) requirements for assessments of claims processing at each regional office for the purpose of producing lessons learned and best practices.CommentsClose CommentsPermalink
(c) Report to Congress- Not later than October 31, 2009, the Secretary shall submit to Congress a report on--CommentsClose CommentsPermalink
(1) the study conducted under subsection (a); andCommentsClose CommentsPermalink
(2) the components required to implement the updated system for evaluating employees of the Veterans Benefits Administration required under subsection (d).CommentsClose CommentsPermalink
(d) Evaluation of Certain Veterans Benefits Administration Employees Responsible for Processing Claims for Compensation and Pension Benefits- Not later than 210 days after the date on which the Secretary submits to Congress the report required under subsection (c), the Secretary shall establish an updated system for evaluating the performance and accountability of employees of the Veterans Benefits Administration who are responsible for processing claims for compensation or pension benefits. Such system shall be based on the findings of the study conducted by the Secretary under subsection (a).CommentsClose CommentsPermalink
SEC. 227. REVIEW AND ENHANCEMENT OF USE OF INFORMATION TECHNOLOGY IN VETERANS BENEFITS ADMINISTRATION.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(2) develop a comprehensive plan for the use of such technology in processing such claims so as to reduce subjectivity, avoidable remands, and regional office variances in disability ratings for specific disabilities.CommentsClose CommentsPermalink
(b) Information Technology- The plan developed under subsection (a)(2) shall include the following:CommentsClose CommentsPermalink
(1) The use of rules-based processing or information technology systems utilizing automated decision support software at all levels of processing such claims.CommentsClose CommentsPermalink
(2) The enhancement of the use of information technology for all aspects of the claims process.CommentsClose CommentsPermalink
(3) Development of a technological platform that--CommentsClose CommentsPermalink
(A) allows for the use of information that members of the Armed Forces, veterans, and dependents have submitted electronically, including uploaded military records, medical evidence, and other appropriate documentation; andCommentsClose CommentsPermalink
(B) to the extent practicable--CommentsClose CommentsPermalink
(i) provides the capability to such members, veterans, and dependents to view applications for benefits submitted online; andCommentsClose CommentsPermalink
(ii) complies with the provisions of subchapter III of chapter 35 of title 44, United States Code,
(4) The use of electronic examination templates in conjunction with the schedule for rating disabilities under
(5) Such changes as may be required to the electronic health record system of the Department of Veterans Affairs and the Department of Defense to ensure that Veterans Benefits Administration claims examiners can access the available electronic medical information of the Department of Veterans Affairs and the Department of Defense.CommentsClose CommentsPermalink
(6) The provision of bi-directional access to medical records and service records between the Department of Veterans Affairs and the Department of Defense.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) whether a decision has been reached with respect to such a claim and notice of the decision; orCommentsClose CommentsPermalink
(B) if no such decision has been reached, notice of--CommentsClose CommentsPermalink
(i) whether the application submitted by the claimant is complete;CommentsClose CommentsPermalink
(ii) whether the Secretary requires additional information or evidence to substantiate the claim;CommentsClose CommentsPermalink
(iii) the estimated date on which a decision with respect to the claim is expected to be made; andCommentsClose CommentsPermalink
(iv) the stage at which the claim is being processed as of the date on which such status is checked.CommentsClose CommentsPermalink
(c) Review of Best Practices and Lessons Learned- In carrying out this section, the Secretary shall review--CommentsClose CommentsPermalink
(1) best practices and lessons learned within the Department of Veterans Affairs; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Reduction of Claims Processing Time- In carrying out this section, the Secretary shall ensure that a plan is developed that, not later than three years after implementation, includes information technology to the extent possible to reduce the processing time for each compensation and pension claim processed by the Veterans Benefits Administration. The performance for claims processing under this plan shall be adjusted for changes to the numbers of claims filed in a given period, the complexity of those claims, and any changes to the basic claims processing rules which occur during the assessment period.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 228. STUDY AND REPORT ON IMPROVING ACCESS TO MEDICAL ADVICE.CommentsClose CommentsPermalink
(a) Study- The Secretary of Veterans Affairs shall conduct a study--CommentsClose CommentsPermalink
(1) to assess the feasibility and advisability of various mechanisms to improve communication between the Veterans Benefits Administration and the Veterans Health Administration to provide Veterans Benefits Administration employees with access to medical advice from the Veterans Health Administration when needed by such employees to carry out their duties; andCommentsClose CommentsPermalink
(2) to evaluate whether additional medical professionals are necessary to provide the access described in paragraph (1).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
TITLE III--LABOR AND EDUCATION MATTERSCommentsClose CommentsPermalink
Subtitle A--Labor and Employment MattersCommentsClose CommentsPermalink
SEC. 311. REFORM OF USERRA COMPLAINT PROCESS.CommentsClose CommentsPermalink
(a) Notification of Rights With Respect to Complaints- Subsection (c) of section 4322 is amended to read as follows:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Notification of Results of Investigation in Writing- Subsection (e) of such section is amended by inserting ‘in writing’ after ‘submitted the complaint’.CommentsClose CommentsPermalink
(c) Expedition of Attempts To Investigate and Resolve Complaints- Section 4322 is further amended--CommentsClose CommentsPermalink
(1) by redesignating subsection (f) as subsection (g); andCommentsClose CommentsPermalink
(2) by inserting after subsection (e) the following new subsection (f):CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(d) Expedition of Referrals-CommentsClose CommentsPermalink
(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.’.CommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink
(e) Notification of Representation-CommentsClose CommentsPermalink
(1) NOTIFICATION BY ATTORNEY GENERAL- Section 4323(a) is further amended--CommentsClose CommentsPermalink
(A) by redesignating paragraph (2) as paragraph (3); andCommentsClose CommentsPermalink
(B) by inserting after paragraph (1) the following new paragraph (2):CommentsClose CommentsPermalink
‘(2) Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall--CommentsClose CommentsPermalink
‘(A) make a decision whether to appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted; andCommentsClose CommentsPermalink
‘(B) notify such person in writing of such decision.’.CommentsClose CommentsPermalink
(2) NOTIFICATION BY SPECIAL COUNSEL- Subparagraph (B) of section 4324(a)(2) is amended to read as follows:CommentsClose CommentsPermalink
‘(B) Not later than 60 days after the date the Special Counsel receives a referral under paragraph (1), the Special Counsel shall--CommentsClose CommentsPermalink
‘(i) make a decision whether to represent a person before the Merit Systems Protection Board under subparagraph (A); andCommentsClose CommentsPermalink
‘(ii) notify such person in writing of such decision.’.CommentsClose CommentsPermalink
(f) Deadlines, Statutes of Limitations, and Related Matters-CommentsClose CommentsPermalink
(1) IN GENERAL- Subchapter III of chapter 43 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
-‘Sec. 4327. Noncompliance of Federal officials with deadlines; inapplicability of statutes of limitationsCommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(B) shall not affect the right of a person--CommentsClose CommentsPermalink
‘(i) to commence an action under section 4323 of this title;CommentsClose CommentsPermalink
‘(ii) to submit a complaint under section 4324 of this title; orCommentsClose CommentsPermalink
‘(iii) to obtain any type of assistance or relief authorized by this chapter;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘4327. Noncompliance of Federal officials with deadlines; inapplicability of statutes of limitations.’.CommentsClose CommentsPermalink
(3) CONFORMING AMENDMENT- Section 4323 is further amended--CommentsClose CommentsPermalink
(A) by striking subsection (i); andCommentsClose CommentsPermalink
(B) by redesignating subsection (j) as subsection (i).CommentsClose CommentsPermalink
SEC. 312. MODIFICATION AND EXPANSION OF REPORTING REQUIREMENTS WITH RESPECT TO ENFORCEMENT OF USERRA.CommentsClose CommentsPermalink
(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:’.CommentsClose CommentsPermalink
(b) Modification of Annual Reports by Secretary- Such section is further amended--CommentsClose CommentsPermalink
(1) by striking ‘The Secretary shall’ and inserting ‘(a) Annual Report by Secretary- The Secretary shall’;CommentsClose CommentsPermalink
(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’;CommentsClose CommentsPermalink
(3) by redesignating paragraphs (6) and (7) as paragraphs (9) and (10), respectively;CommentsClose CommentsPermalink
(4) by inserting after paragraph (5) the following new paragraph (8):CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(5) by redesignating paragraph (5) as paragraph (7);CommentsClose CommentsPermalink
(6) by inserting after paragraph (4) the following new paragraphs (5) and (6):CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(6) With respect to the cases reported on pursuant to paragraphs (1), (2), (3), (4), and (5)--CommentsClose CommentsPermalink
‘(A) the number of such cases that involve a disability-related issue; andCommentsClose CommentsPermalink
‘(B) the number of such cases that involve a person who has a service-connected disability.’; andCommentsClose CommentsPermalink
(7) in paragraph (7), as redesignated by paragraph (5) of this subsection, by striking ‘or (4)’ and inserting ‘(4), or (5)’.CommentsClose CommentsPermalink
(c) Additional Reports- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(b) Quarterly Reports-CommentsClose CommentsPermalink
‘(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:CommentsClose CommentsPermalink
‘(A) The number of cases for which the Secretary did not meet the requirements of section 4322(f) of this title.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(d) Uniform Categorization of Data- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(c) Uniform Categorization of Data- The Secretary shall coordinate with the Secretary of Defense, the Attorney General, and the Special Counsel to ensure that--CommentsClose CommentsPermalink
‘(1) the information in the reports required by this section is categorized in a uniform way; andCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(1) An assessment of the reliability of the data contained in the reports submitted under subsection (b) of
(2) An assessment of the timeliness of the reports submitted under subsection (b) of
(3) The extent to which the Secretary of Labor is meeting the timeliness requirements of subsections (c)(1) and (f) of
(4) The extent to which the Attorney General is meeting the timeliness requirements of
(5) The extent to which the Special Counsel is meeting the timeliness requirements of
(f) Effective Date- The amendments made by this section shall apply with respect to each report required under
SEC. 313. TRAINING FOR EXECUTIVE BRANCH HUMAN RESOURCES PERSONNEL ON EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.CommentsClose CommentsPermalink
(a) Training Required- Subchapter IV of chapter 43 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
-‘Sec. 4335. Training for Federal executive agency human resources personnel on employment and reemployment rights and limitationsCommentsClose CommentsPermalink
‘(a) Training Required- The head of each Federal executive agency shall provide training for the human resources personnel of such agency on the following:CommentsClose CommentsPermalink
‘(1) The rights, benefits, and obligations of members of the uniformed services under this chapter.CommentsClose CommentsPermalink
‘(2) The application and administration of the requirements of this chapter by such agency with respect to such members.CommentsClose CommentsPermalink
‘(b) Consultation- The training provided under subsection (a) shall be developed and provided in consultation with the Director of the Office of Personnel Management.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 43 is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘4335. Training for Federal executive agency human resources personnel on employment and reemployment rights and limitations.’.CommentsClose CommentsPermalink
SEC. 314. REPORT ON THE EMPLOYMENT NEEDS OF NATIVE AMERICAN VETERANS LIVING ON TRIBAL LANDS.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(2) recommendations for improving employment and job training opportunities for Native American veterans on tribal land, especially through the utilization of resources for veterans.CommentsClose CommentsPermalink
(b) Tribal Organization Defined- In this section, the term ‘tribal organization’ has the meaning given such term in
SEC. 315. EQUITY POWERS.CommentsClose CommentsPermalink
SEC. 316. WAIVER OF RESIDENCY REQUIREMENT FOR DIRECTORS FOR VETERANS’ EMPLOYMENT AND TRAINING.CommentsClose CommentsPermalink
Section 4103(a)(2) is amended--CommentsClose CommentsPermalink
(1) by inserting ‘(A)’ after ‘(2)’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 317. MODIFICATION OF SPECIAL UNEMPLOYMENT STUDY TO COVER VETERANS OF POST 9/11 GLOBAL OPERATIONS.CommentsClose CommentsPermalink
(a) Modification of Study- Subsection (a)(1) of section 4110A is amended--CommentsClose CommentsPermalink
(1) in the matter before subparagraph (A), by striking ‘a study every two years’ and inserting ‘an annual study’; andCommentsClose CommentsPermalink
(2) by striking subparagraphs (A) through (E) and inserting the following new subparagraphs:CommentsClose CommentsPermalink
‘(A) Veterans who were called to active duty while members of the National Guard or a Reserve Component.CommentsClose CommentsPermalink
‘(B) Veterans who served in combat or in a war zone in the Post 9/11 Global Operations theaters.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(D) Veterans of the Vietnam era who served in the Vietnam theater of operations during the Vietnam era.CommentsClose CommentsPermalink
‘(E) Veterans who served on active duty during the Vietnam era who did not serve in the Vietnam theater of operations.CommentsClose CommentsPermalink
‘(F) Veterans discharged or released from active duty within four years of the applicable study.CommentsClose CommentsPermalink
‘(G) Special disabled veterans.’.CommentsClose CommentsPermalink
(b) Definitions- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(c) In this section:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
Subtitle B--Education MattersCommentsClose CommentsPermalink
SEC. 321. MODIFICATION OF PERIOD OF ELIGIBILITY FOR SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE OF CERTAIN SPOUSES OF INDIVIDUALS WITH SERVICE-CONNECTED DISABILITIES TOTAL AND PERMANENT IN NATURE.CommentsClose CommentsPermalink
Section 3512(b)(1) is amended--CommentsClose CommentsPermalink
(1) in subparagraph (A), by striking ‘subparagraph (B) or (C)’ and inserting ‘subparagraph (B), (C), or (D)’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 322. REPEAL OF REQUIREMENT FOR REPORT TO THE SECRETARY OF VETERANS AFFAIRS ON PRIOR TRAINING.CommentsClose CommentsPermalink
Section 3676(c)(4) is amended by striking ‘and the Secretary’.CommentsClose CommentsPermalink
SEC. 323. MODIFICATION OF WAITING PERIOD BEFORE AFFIRMATION OF ENROLLMENT IN A CORRESPONDENCE COURSE.CommentsClose CommentsPermalink
Section 3686(b) is amended by striking ‘ten’ and inserting ‘five’.CommentsClose CommentsPermalink
SEC. 324. CHANGE OF PROGRAMS OF EDUCATION AT THE SAME EDUCATIONAL INSTITUTION.CommentsClose CommentsPermalink
Section 3691(d) is amended--CommentsClose CommentsPermalink
(1) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively;CommentsClose CommentsPermalink
(2) by inserting ‘(1)’ after ‘(d)’;CommentsClose CommentsPermalink
(3) in subparagraph (C) of paragraph (1), as redesignated by paragraphs (1) and (2) of this section, by striking ‘or’ at the end;CommentsClose CommentsPermalink
(4) in subparagraph (D) of paragraph (1), as so redesignated, by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink
(5) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 325. REPEAL OF CERTIFICATION REQUIREMENT WITH RESPECT TO APPLICATIONS FOR APPROVAL OF SELF-EMPLOYMENT ON-JOB TRAINING.CommentsClose CommentsPermalink
Section 3677(b) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(3) The requirement for certification under paragraph (1) shall not apply to training described in section 3452(e)(2) of this title.’.CommentsClose CommentsPermalink
SEC. 326. COORDINATION OF APPROVAL ACTIVITIES IN THE ADMINISTRATION OF EDUCATION BENEFITS.CommentsClose CommentsPermalink
(a) Coordination-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 3673 is amended--CommentsClose CommentsPermalink
(A) by redesignating subsection (b) as subsection (c); andCommentsClose CommentsPermalink
(B) by inserting after subsection (a) the following new subsection (b):CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(2) CONFORMING AND CLERICAL AMENDMENTS- (A) The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
-‘Sec. 3673. Approval activities: cooperation and coordination of activities’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘3673. Approval activities: cooperation and coordination of activities.’.CommentsClose CommentsPermalink
(3) STYLISTIC AMENDMENTS- Such section is further amended--CommentsClose CommentsPermalink
(A) in subsection (a), by inserting ‘Cooperation in Activities- ’ after ‘(a)’; andCommentsClose CommentsPermalink
(B) in subsection (c), as redesignated by paragraph (1)(A) of this subsection, by inserting ‘Availability of Information Material- ’ after ‘(c)’.CommentsClose CommentsPermalink
(b) Report- Not later than 240 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth the following:CommentsClose CommentsPermalink
(1) The actions taken to establish outcome-oriented performance standards for State approving agencies created or designated under
(2) The actions taken to implement a tracking and reporting system for resources expended for approval and outreach activities by such agencies.CommentsClose CommentsPermalink
(3) Any recommendations for legislative action that the Secretary considers appropriate to achieve the complete implementation of the standards described in paragraph (1).CommentsClose CommentsPermalink
Subtitle C--Vocational Rehabilitation MattersCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Section 3105(d) is amended--CommentsClose CommentsPermalink
(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’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(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:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 332. INCREASE IN CAP OF NUMBER OF VETERANS PARTICIPATING IN INDEPENDENT LIVING PROGRAM.CommentsClose CommentsPermalink
SEC. 333. REPORT ON MEASURES TO ASSIST AND ENCOURAGE VETERANS IN COMPLETING VOCATIONAL REHABILITATION.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Matters To Be Examined- In conducting the study required by subsection (a), the Secretary shall examine the following:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) Any studies or survey data available to the Secretary that relates to the matters covered by the study.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(4) The report of the Veterans’ Disability Benefits Commission established pursuant to section 1501 of the National Defense Authorization Act of 2004 (
(5) The report of the President’s Commission on Care for America’s Returning Wounded Warriors.CommentsClose CommentsPermalink
(6) Any other matters that the Secretary considers appropriate for purposes of the study.CommentsClose CommentsPermalink
(c) Considerations- In conducting the study required by subsection (a), the Secretary shall consider--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(2) such other matters as the Secretary considers appropriate.CommentsClose CommentsPermalink
(d) Consultation- In conducting the study required by subsection (a), the Secretary--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(2) may employ consultants.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(1) The findings of the Secretary under the study.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 334. LONGITUDINAL STUDY OF DEPARTMENT OF VETERANS AFFAIRS VOCATIONAL REHABILITATION PROGRAMS.CommentsClose CommentsPermalink
(a) Study Required- Chapter 31 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
-‘Sec. 3122. Longitudinal study of vocational rehabilitation programsCommentsClose CommentsPermalink
‘(a) Study Required- (1) Subject to the availability of appropriated funds, the Secretary shall conduct a longitudinal study of a statistically valid sample of each of the groups of individuals described in paragraph (2). The Secretary shall study each such group over a period of at least 20 years.CommentsClose CommentsPermalink
‘(2) The groups of individuals described in this paragraph are the following:CommentsClose CommentsPermalink
‘(A) Individuals who begin participating in a vocational rehabilitation program under this chapter during fiscal year 2010.CommentsClose CommentsPermalink
‘(B) Individuals who begin participating in such a program during fiscal year 2012.CommentsClose CommentsPermalink
‘(C) Individuals who begin participating in such a program during fiscal year 2014.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(c) Contents of Report- The Secretary shall include in the report required under subsection (b) any data the Secretary determines is necessary to determine the long-term outcomes of the individuals participating in the vocational rehabilitation programs under this chapter. The Secretary may add data elements from time to time as necessary. In addition, each such report shall contain the following information:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) The average number of months such individuals served on active duty.CommentsClose CommentsPermalink
‘(3) The distribution of disability ratings of such individuals.CommentsClose CommentsPermalink
‘(4) The types of other benefits administered by the Secretary received by such individuals.CommentsClose CommentsPermalink
‘(5) The types of social security benefits received by such individuals.CommentsClose CommentsPermalink
‘(6) Any unemployment benefits received by such individuals.CommentsClose CommentsPermalink
‘(7) The average number of months such individuals were employed during the year covered by the report.CommentsClose CommentsPermalink
‘(8) The average annual starting and ending salaries of such individuals who were employed during the year covered by the report.CommentsClose CommentsPermalink
‘(9) The number of such individuals enrolled in an institution of higher learning, as that term is defined in section 3452(f) of this title.CommentsClose CommentsPermalink
‘(10) The average number of academic credit hours, degrees, and certificates obtained by such individuals during the year covered by the report.CommentsClose CommentsPermalink
‘(11) The average number of visits such individuals made to Department medical facilities during the year covered by the report.CommentsClose CommentsPermalink
‘(12) The average number of visits such individuals made to non-Department medical facilities during the year covered by the report.CommentsClose CommentsPermalink
‘(13) The average annual income of such individuals.CommentsClose CommentsPermalink
‘(14) The average total household income of such individuals for the year covered by the report.CommentsClose CommentsPermalink
‘(15) The percentage of such individuals who own their principal residences.CommentsClose CommentsPermalink
‘(16) The average number of dependents of each such veteran.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘3122. Longitudinal study of vocational rehabilitation programs.’.CommentsClose CommentsPermalink
TITLE IV--INSURANCE MATTERSCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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
(b) Considerations- In preparing the assessment required by subsection (a), the Secretary of Veterans Affairs shall consider the following:CommentsClose CommentsPermalink
(1) The advisability of providing traumatic injury protection coverage under Servicemembers’ Group Life Insurance under
(2) The unique circumstances of military service, and the unique experiences of members of the Armed Forces who are deployed to a combat zone.CommentsClose CommentsPermalink
(3) Any financial strain incurred by family members of members of the Armed Forces who have severe and acute post-traumatic stress disorder.CommentsClose CommentsPermalink
(4) The recovery time, and any particular difficulty of the recovery process, for recovery from severe and acute post-traumatic stress disorder.CommentsClose CommentsPermalink
(5) Such other matters as the Secretary considers appropriate.CommentsClose CommentsPermalink
(c) Appropriate Committees of Congress Defined- In this section, the term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink
(1) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate; andCommentsClose CommentsPermalink
(2) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives.CommentsClose CommentsPermalink
SEC. 402. TREATMENT OF STILLBORN CHILDREN AS INSURABLE DEPENDENTS UNDER SERVICEMEMBERS’ GROUP LIFE INSURANCE.CommentsClose CommentsPermalink
(a) Treatment- Section 1965(10) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(C) The member’s stillborn child.’.CommentsClose CommentsPermalink
(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)’.CommentsClose CommentsPermalink
SEC. 403. OTHER ENHANCEMENTS OF SERVICEMEMBERS’ GROUP LIFE INSURANCE COVERAGE.CommentsClose CommentsPermalink
(a) Expansion of Servicemembers’ Group Life Insurance To Include Certain Members of Individual Ready Reserve-CommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink
(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’; andCommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink
(b) Reduction in Period of Dependents’ Coverage After Member Separates- Section 1968(a)(5)(B)(ii) is amended by striking ‘120 days after’.CommentsClose CommentsPermalink
(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)’.CommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink
(e) Effective and Applicability Dates-CommentsClose CommentsPermalink
(1) The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
(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
(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 (
(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.CommentsClose CommentsPermalink
SEC. 404. ADMINISTRATIVE COSTS OF SERVICE DISABLED VETERANS’ INSURANCE.CommentsClose CommentsPermalink
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’.CommentsClose CommentsPermalink
TITLE V--HOUSING MATTERSCommentsClose CommentsPermalink
SEC. 501. TEMPORARY INCREASE IN MAXIMUM LOAN GUARANTY AMOUNT FOR CERTAIN HOUSING LOANS GUARANTEED BY SECRETARY OF VETERANS AFFAIRS.CommentsClose CommentsPermalink
Notwithstanding subparagraph (C) of
(1) the limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (
(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.CommentsClose CommentsPermalink
SEC. 502. REPORT ON IMPACT OF MORTGAGE FORECLOSURES ON VETERANS.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) A general assessment of the income of veterans who have recently separated from the Armed Forces.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 503. REQUIREMENT FOR REGULAR UPDATES TO HANDBOOK FOR DESIGN FURNISHED TO VETERANS ELIGIBLE FOR SPECIALLY ADAPTED HOUSING ASSISTANCE BY SECRETARY OF VETERANS AFFAIRS.CommentsClose CommentsPermalink
Section 2103 is amended--CommentsClose CommentsPermalink
(1) by striking ‘The Secretary’ and inserting ‘(a) Plans and Specifications- The Secretary’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(b) Handbook for Design- The Secretary shall make available to veterans eligible for assistance under this chapter, without cost to the veterans, a handbook containing appropriate designs for specially adapted housing. The Secretary shall update such handbook at least once every six years to take into account any new or unique disabilities, including vision impairments, impairments specific to the upper limbs, and burn injuries.’.CommentsClose CommentsPermalink
SEC. 504. ENHANCEMENT OF REFINANCING OF HOME LOANS BY VETERANS.CommentsClose CommentsPermalink
(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),’.CommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink
SEC. 505. EXTENSION OF CERTAIN VETERANS HOME LOAN GUARANTY PROGRAMS.CommentsClose CommentsPermalink
(a) Extension of Demonstration Project on Adjustable Rate Mortgages-
(b) Extension of Demonstration Project on Hybrid Adjustable Rate Mortgages- Section 3707A(a) of such title is amended by striking ‘2008’ and inserting ‘2012’.CommentsClose CommentsPermalink
TITLE VI--COURT MATTERSCommentsClose CommentsPermalink
SEC. 601. TEMPORARY INCREASE IN NUMBER OF AUTHORIZED JUDGES OF THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.CommentsClose CommentsPermalink
Section 7253 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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).’.CommentsClose CommentsPermalink
SEC. 602. PROTECTION OF PRIVACY AND SECURITY CONCERNS IN COURT RECORDS.CommentsClose CommentsPermalink
Section 7268 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 603. RECALL OF RETIRED JUDGES OF THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.CommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink
(b) New Judges Recalled After Retirement Receive Pay of Current Judges Only During Period of Recall-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 7296(c) is amended by striking paragraph (1) and inserting the following new paragraph:CommentsClose CommentsPermalink
‘(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:CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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)’.CommentsClose CommentsPermalink
(3) PAY DURING PERIOD OF RECALL- Subsection (d) of section 7257 is amended to read as follows:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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.’.CommentsClose CommentsPermalink
(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.’.CommentsClose CommentsPermalink
SEC. 604. ANNUAL REPORTS ON WORKLOAD OF THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.CommentsClose CommentsPermalink
(a) In General- Subchapter III of chapter 72 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
-‘Sec. 7288. Annual reportCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(b) Elements- Each report under subsection (a) shall include, with respect to the fiscal year covered by such report, the following information:CommentsClose CommentsPermalink
‘(1) The number of appeals filed with the Court.CommentsClose CommentsPermalink
‘(2) The number of petitions filed with the Court.CommentsClose CommentsPermalink
‘(3) The number of applications filed with the Court under section 2412 of title 28.CommentsClose CommentsPermalink
‘(4) The total number of dispositions by each of the following:CommentsClose CommentsPermalink
‘(A) The Court as a whole.CommentsClose CommentsPermalink
‘(B) The Clerk of the Court.CommentsClose CommentsPermalink
‘(C) A single judge of the Court.CommentsClose CommentsPermalink
‘(D) A multi-judge panel of the Court.CommentsClose CommentsPermalink
‘(E) The full Court.CommentsClose CommentsPermalink
‘(5) The number of each type of disposition by the Court, including settlement, affirmation, remand, vacation, dismissal, reversal, grant, and denial.CommentsClose CommentsPermalink
‘(6) The median time from filing an appeal to disposition by each of the following:CommentsClose CommentsPermalink
‘(A) The Court as a whole.CommentsClose CommentsPermalink
‘(B) The Clerk of the Court.CommentsClose CommentsPermalink
‘(C) A single judge of the Court.CommentsClose CommentsPermalink
‘(D) Multiple judges of the Court (including a multi-judge panel of the Court or the full Court).CommentsClose CommentsPermalink
‘(7) The median time from filing a petition to disposition by the Court.CommentsClose CommentsPermalink
‘(8) The median time from filing an application under section 2412 of title 28 to disposition by the Court.CommentsClose CommentsPermalink
‘(9) The median time from the completion of briefing requirements by the parties to disposition by the Court.CommentsClose CommentsPermalink
‘(10) The number of oral arguments before the Court.CommentsClose CommentsPermalink
‘(11) The number of cases appealed to the United States Court of Appeals for the Federal Circuit.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(13) The number of cases pending with the Court more than 18 months as of the end of such fiscal year.CommentsClose CommentsPermalink
‘(14) A summary of any service performed for the Court by a recalled retired judge of the Court.CommentsClose CommentsPermalink
‘(15) An assessment of the workload of each judge of the Court, including consideration of the following:CommentsClose CommentsPermalink
‘(A) The time required of each judge for disposition of each type of case.CommentsClose CommentsPermalink
‘(B) The number of cases reviewed by the Court.CommentsClose CommentsPermalink
‘(C) The average workload of other Federal judges.CommentsClose CommentsPermalink
‘(c) Appropriate Committees of Congress Defined- In this section, the term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink
‘(1) the Committee on Veterans’ Affairs of the Senate; andCommentsClose CommentsPermalink
‘(2) the Committee on Veterans’ Affairs of the House of Representatives.’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘7288. Annual report.’.CommentsClose CommentsPermalink
SEC. 605. ADDITIONAL DISCRETION IN IMPOSITION OF PRACTICE AND REGISTRATION FEES.CommentsClose CommentsPermalink
Section 7285(a) is amended--CommentsClose CommentsPermalink
(1) in the first sentence, by inserting ‘reasonable’ after ‘impose a’;CommentsClose CommentsPermalink
(2) in the second sentence, by striking ‘, except that such amount may not exceed $30 per year’; andCommentsClose CommentsPermalink
(3) in the third sentence, by inserting ‘reasonable’ after ‘impose a’.CommentsClose CommentsPermalink
TITLE VII--ASSISTANCE TO UNITED STATES PARALYMPIC INTEGRATED ADAPTIVE SPORTS PROGRAMCommentsClose CommentsPermalink
SEC. 701. FINDINGS AND PURPOSE.CommentsClose CommentsPermalink
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) In 1998, Congress enacted the Olympic and Amateur Sports Act Amendments of 1998 (
(2) The United States Olympic Committee manages and administers the Paralympic Program for physically disabled athletes.CommentsClose CommentsPermalink
(3) The Department of Veterans Affairs provides health care to veterans and administers recreational activities for patients including the Golden Age Games, the National Veterans Wheelchair Games, and the Winter Sports Clinic.CommentsClose CommentsPermalink
(4) In 2005, the United States Olympic Committee entered into a memorandum of understanding with the Secretary of Veterans Affairs to increase interest in and access to Paralympic sports programs for veterans with physical disabilities by coordinating the activities of the United States Olympic Committee with the Department of Veterans Affairs.CommentsClose CommentsPermalink
(5) The Paralympic Program has a significant positive effect on the quality of life of disabled veterans and disabled members of the Armed Forces who participate in the program, including helping to improve the mobility, vitality, and physical, psychological, and social well-being of such participants and reducing the incidence of secondary medical conditions in those participants.CommentsClose CommentsPermalink
(6) Because of Operation Iraqi Freedom and Operation Enduring Freedom, the number of disabled veterans and disabled members of the Armed Forces has increased substantially and it is therefore desirable to supplement the rehabilitation and recreation programs of the Department of Veterans Affairs through sports for disabled veterans and members of the Armed Forces.CommentsClose CommentsPermalink
(b) Purpose- The purposes of this title are as follows:CommentsClose CommentsPermalink
(1) To promote the lifelong health of disabled veterans and disabled members of the Armed Forces through regular participation in physical activity and sports.CommentsClose CommentsPermalink
(2) To enhance the recreation activities provided by the Department of Veterans Affairs by promoting disabled sports from the local level through elite levels and by creating partnerships among organizations specializing in supporting, training, and promoting programs for disabled veterans.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 702. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ASSISTANCE TO UNITED STATES PARALYMPICS, INC.CommentsClose CommentsPermalink
(a) Provision of Assistance Authorized- Subchapter II of chapter 5 is amended by inserting after section 521 the following new section:CommentsClose CommentsPermalink
-‘Sec. 521A. Assistance for United States Paralympics, Inc.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) The application shall include--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(B) for any fiscal year for which a grant is sought, the amount of private donations received by the United States Paralympics, Inc., expected to be expended to support operations during that fiscal year.CommentsClose CommentsPermalink
‘(3) Partnerships referred to in this paragraph are agreements between the United States Paralympics, Inc., and organizations with significant experience in the training and support of disabled athletes and the promotion of disabled sports at the local and national levels. Such organizations may include Disabled Sports USA, Blaze Sports, Paralyzed Veterans of America, and Disabled American Veterans. The agreements shall detail the scope of activities and funding to be provided by the United States Paralympics, Inc., to the partner.CommentsClose CommentsPermalink
‘(d) Use of Funds- (1) The United States Paralympics, Inc., with the assistance and cooperation of the Secretary and the heads of other appropriate Federal and State departments and agencies and partnerships referred to in subsection (c)(3), shall use a grant under this section to reimburse grantees with which the United States Paralympics, Inc., has entered into a partnership under subsection (c) for the direct costs of recruiting, supporting, equipping, encouraging, scheduling, facilitating, supervising, and implementing the participation of disabled veterans and disabled members of the Armed Forces in the activities described in paragraph (3) by supporting a program described in paragraph (2).CommentsClose CommentsPermalink
‘(2) A program described in this paragraph is a sports program that--CommentsClose CommentsPermalink
‘(A) promotes basic physical activity, games, recreation, training, and competition;CommentsClose CommentsPermalink
‘(B) is approved by the Secretary; andCommentsClose CommentsPermalink
‘(C)(i) provides services and activities described in paragraph (3) for disabled veterans and disabled members of the Armed Forces; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(3) Activities described in this paragraph are--CommentsClose CommentsPermalink
‘(A) instruction, participation, and competition in Paralympic sports;CommentsClose CommentsPermalink
‘(B) training and technical assistance to program administrators, coaches, recreational therapists, instructors, Department employees, and other appropriate individuals; andCommentsClose CommentsPermalink
‘(C) coordination, Paralympic classification of athletes, athlete assessment, sport-specific training techniques, program development (including programs at the local level), sports equipment, supplies, program evaluation, and other activities related to the implementation and operation of the program.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(f) Coordination- The Secretary shall ensure access to and use of appropriate Department sports, recreation, and fitness facilities by disabled veterans and disabled members of the Armed Forces participating in the integrated adaptive sports program to the maximum extent possible. The Secretary shall ensure that such access does not adversely affect any other assistance provided to veterans.CommentsClose CommentsPermalink
‘(g) Authorization of Appropriations- There is authorized to be appropriated $8,000,000 for each of fiscal years 2010 through 2013 to carry out this section. Amounts appropriated pursuant to this subsection shall remain available without fiscal year limitation.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) A report under this subsection may be audited by the Secretary.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(l) Termination- The Secretary may only provide assistance under this section during fiscal years 2010 through 2013.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 521 the following new item:CommentsClose CommentsPermalink
‘521A. Assistance for United States Paralympics, Inc.’.CommentsClose CommentsPermalink
(c) Deadline for Memorandum of Understanding- The Secretary of Veterans Affairs may not award a grant under
, as added by subsection (a), until the United States Paralympics, Inc., and the Secretary have entered into a memorandum of understanding or cooperative agreement regarding implementation of the integrated adaptive sports program under that section. To the extent feasible, such memorandum or agreement shall be concluded not later than 240 days after the date of the enactment of this Act.CommentsClose CommentsPermalink section 521A of title 38, United States Code
SEC. 703. DEPARTMENT OF VETERANS AFFAIRS OFFICE OF NATIONAL VETERANS SPORTS PROGRAMS AND SPECIAL EVENTS.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
-‘Sec. 322. Office of National Veterans Sports Programs and Special EventsCommentsClose CommentsPermalink
‘(a) Establishment- There is in the Department an Office of National Veterans Sports Programs and Special Events. There is at the head of the Office a Director, who shall report to an appropriate official of the Veterans Benefits Administration, as determined by the Secretary, or to the Deputy Secretary or Secretary.CommentsClose CommentsPermalink
‘(b) Responsibilities of Director- Subject to the direction of the Secretary, the Director--CommentsClose CommentsPermalink
‘(1) shall establish and carry out qualifying programs and events;CommentsClose CommentsPermalink
‘(2) may provide for sponsorship by the Department of qualifying programs and events;CommentsClose CommentsPermalink
‘(3) may provide for, facilitate, and encourage participation by disabled veterans in qualifying programs and events;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(6) may carry out such other responsibilities as the Secretary determines are appropriate.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(d) Monthly Assistance Allowance- (1) Subject to the availability of appropriations for such purpose, the Secretary may provide a monthly assistance allowance to a veteran with a disability invited by the United States Paralympics, Inc., to compete for a slot on, or selected for, the Paralympic Team for any month in which the veteran is training or competing in any event sanctioned by the United States Paralympics, Inc., or who is residing at a United States Paralympics, Inc., training center.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(3) In providing assistance under this subsection, the Secretary shall give priority to veterans with service-connected disabilities.CommentsClose CommentsPermalink
‘(4) There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2010 through 2013.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘322. Office of National Veterans Sports Programs and Special Events.’.CommentsClose CommentsPermalink
(c) Assistance at Sporting Events- The Secretary of Veterans Affairs shall direct the Under Secretary for Health of the Department of Veterans Affairs--CommentsClose CommentsPermalink
(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.; andCommentsClose CommentsPermalink
(2) to allow such personnel to provide support to the programs of the United States Paralympics, Inc., without requiring the use of personal leave.CommentsClose CommentsPermalink
SEC. 704. COMPTROLLER GENERAL REPORT.CommentsClose CommentsPermalink
Not later than the last day of fiscal year 2012, the Comptroller General shall submit to Congress a report on the assistance provided to the United States Paralympics, Inc., under
TITLE VIII--OTHER MATTERSCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(a) Authority-
(1) by redesignating paragraph (3) as paragraph (4); andCommentsClose CommentsPermalink
(2) by inserting after paragraph (2) the following new paragraph (3):CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 802. THREE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT INCOME VERIFICATION.CommentsClose CommentsPermalink
Section 5317(g) is amended by striking ‘September 30, 2008’ and inserting ‘September 30, 2011’.CommentsClose CommentsPermalink
SEC. 803. MAINTENANCE, MANAGEMENT, AND AVAILABILITY FOR RESEARCH OF ASSETS OF AIR FORCE HEALTH STUDY.CommentsClose CommentsPermalink
(a) Purpose- The purpose of this section is to ensure that the assets transferred to the Medical Follow-Up Agency from the Air Force Health Study are maintained, managed, and made available as a resource for future research for the benefit of veterans and their families, and for other humanitarian purposes.CommentsClose CommentsPermalink
(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 (
(c) Maintenance and Management of Transferred Assets- The Medical Follow-Up Agency shall maintain and manage the assets transferred to the Agency from the Air Force Health Study.CommentsClose CommentsPermalink
(d) Additional Near-Term Research-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) Additional Medium-Term Research-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) DISPOSITION OF ASSETS- If the report required by paragraph (1) includes an assessment that the research described in that paragraph would be feasible and advisable, the Agency shall, utilizing amounts available under subsection (f)(2), make any disposition of the assets transferred to the Agency from the Air Force Health Study as the Agency considers appropriate in preparation for such research.CommentsClose CommentsPermalink
(f) Funding-CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) $250,000 shall be available in each such fiscal year for the conduct of additional research authorized by subsection (d), including the funding of pilot studies authorized by paragraph (2) of that subsection.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
SEC. 804. NATIONAL ACADEMIES STUDY ON RISK OF DEVELOPING MULTIPLE SCLEROSIS AS A RESULT OF CERTAIN SERVICE IN THE PERSIAN GULF WAR AND POST 9/11 GLOBAL OPERATIONS THEATERS.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Elements- In conducting the study required under subsection (a), the Institute of Medicine shall do the following:CommentsClose CommentsPermalink
(1) Determine whether service in the Armed Forces during the Persian Gulf War in the Southwest Asia theater of operations, or in the Post 9/11 Global Operations theaters, increased the risk of developing multiple sclerosis.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(A) Members of the Armed Forces who served during the Persian Gulf War in the Southwest Asia theater of operations.CommentsClose CommentsPermalink
(B) Members of the Armed Forces who served in the Post 9/11 Global Operations theaters.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Reports-CommentsClose CommentsPermalink
(1) INTERIM REPORT- The contract required by subsection (a) shall require the Institute of Medicine to submit to the Secretary, and to appropriate committees of Congress, interim progress reports on the study required under subsection (a). Such reports shall not be required to include a description of interim results on the work under the study.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(e) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink
(A) the Committee on Veterans’ Affairs of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Veterans’ Affairs of the House of Representatives.CommentsClose CommentsPermalink
(2) The term ‘Persian Gulf War’ has the meaning given that term in
(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.CommentsClose CommentsPermalink
SEC. 805. TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR TELEPHONE SERVICE FOR CERTAIN SERVICEMEMBERS.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘SEC. 305A. TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR TELEPHONE SERVICE.CommentsClose CommentsPermalink
‘(a) In General- A servicemember who receives orders to deploy outside of the continental United States for not less than 90 days or for a permanent change of duty station within the United States may request the termination or suspension of any contract for cellular telephone service entered into by the servicemember before the date of the commencement of such deployment or permanent change if the servicemember’s ability to satisfy the contract or to utilize the service will be materially affected by such deployment or permanent change. The request shall include a copy of the servicemember’s military orders.CommentsClose CommentsPermalink
‘(b) Relief- Upon receiving the request of a servicemember under subsection (a), the cellular telephone service contractor concerned shall--CommentsClose CommentsPermalink
‘(1) grant the requested relief without imposition of an early termination fee for termination of the contract or a reactivation fee for suspension of the contract; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(c) Cellular Telephone Service Defined- In this section, the term ‘cellular telephone service’ has the meaning given the term ‘commercial mobile service’ in section 332(d) of the Communications Act of 1934 (
).’.CommentsClose CommentsPermalink 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:CommentsClose CommentsPermalink
‘Sec. 305A. Termination or suspension of contracts for cellular telephone service.’.CommentsClose CommentsPermalink
SEC. 806. CONTRACTING GOALS AND PREFERENCES FOR VETERAN-OWNED SMALL BUSINESS CONCERNS.CommentsClose CommentsPermalink
Section 8127 is amended--CommentsClose CommentsPermalink
(1) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (i) the following new subsection (j):CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) Nothing in this subsection shall be construed to supersede or otherwise affect the authorities provided under the Small Business Act (
et seq.).’.CommentsClose CommentsPermalink 15 U.S.C. 631
SEC. 807. PENALTIES FOR VIOLATION OF INTEREST RATE LIMITATION UNDER SERVICEMEMBERS CIVIL RELIEF ACT.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(f) Preservation of Other Remedies- The penalties provided under subsection (e) are in addition to and do not preclude any other remedy available under law to a person claiming relief under this section, including any award for consequential or punitive damages.’.CommentsClose CommentsPermalink
SEC. 808. FIVE-YEAR EXTENSION OF SUNSET PROVISION FOR ADVISORY COMMITTEE ON MINORITY VETERANS.CommentsClose CommentsPermalink
Subsection (e) of section 544 is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2014’.CommentsClose CommentsPermalink
SEC. 809. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO ADVERTISE TO PROMOTE AWARENESS OF BENEFITS UNDER LAWS ADMINISTERED BY THE SECRETARY.CommentsClose CommentsPermalink
(a) Authority To Advertise- Subchapter II of chapter 5 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
-‘Sec. 532. Authority to advertise in national mediaCommentsClose CommentsPermalink
‘The Secretary may purchase advertising in national media outlets for the purpose of promoting awareness of benefits under laws administered by the Secretary, including promoting awareness of assistance provided by the Secretary, including assistance for programs to assist homeless veterans, to promote veteran-owned small businesses, and to provide opportunities for employment in the Department of Veterans Affairs and for education, training, compensation, pension, vocational rehabilitation, and healthcare benefits, and mental healthcare (including the prevention of suicide among veterans).’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 531 the following:CommentsClose CommentsPermalink
‘532. Authority to advertise in national media.’.CommentsClose CommentsPermalink
SEC. 810. MEMORIAL HEADSTONES AND MARKERS FOR DECEASED REMARRIED SURVIVING SPOUSES OF VETERANS.CommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Attest:
Clerk.
Vice President of the United States andCommentsClose CommentsPermalink
President of the Senate.CommentsClose CommentsPermalink
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