[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 3023 Enrolled Bill (ENR)]
S.3023
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To amend title 38, United States Code, to improve and enhance
compensation and pension, housing, labor and education, and insurance
benefits for veterans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Veterans' Benefits
Improvement Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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the Department of Veterans Affairs regarding the
substantiation of claims.

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TITLE I

-COMPENSATION AND PENSION MATTERS

Veterans Affairs of the schedule of ratings for disabilities
of veterans.

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veterans' disability compensation of disability severance pay
for disabilities incurred by members of the Armed Forces in
combat zones.

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addressing causes for variances in compensation payments for
veterans for service-connected disabilities.

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medical disability examinations by contract physicians.

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service-connected in former prisoners of war with post-
traumatic stress disorder.
COMPENSATION SYSTEM
Subtitle A--Benefits Matters

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capacity and quality of life and on long-term transition
payments to veterans undergoing rehabilitation for service-
connected disabilities.

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TITLE II

-MODERNIZATION OF DEPARTMENT OF VETERANS AFFAIRS DISABILITY

Subtitle B--Assistance and Processing Matters

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claims and provision of checklists to individuals submitting
claims.

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indemnity compensation to maintain survivors of veterans who
die from service-connected disabilities.

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Benefits Administration responsible for processing claims.

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TITLE III

-LABOR AND EDUCATION MATTERS

employment and reemployment rights of members of the uniformed
services.

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of Post 9/11 Global Operations.
Subtitle B--Education Matters

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Dependents' Educational Assistance of certain spouses of
individuals with service-connected disabilities total and
permanent in nature.

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applications for approval of self-employment on-job training.

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education benefits.
Subtitle C--Vocational Rehabilitation Matters

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services and assistance for veterans with a severe disability
incurred in the Post-9/11 Global Operations period.

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disorder among conditions covered by traumatic injury
protection coverage under Servicemembers' Group Life
Insurance.

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TITLE IV

-INSURANCE MATTERS

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housing loans guaranteed by Secretary of Veterans Affairs.

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TITLE V

-HOUSING MATTERS

furnished to veterans eligible for specially adapted housing
assistance by Secretary of Veterans Affairs.

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United States Court of Appeals for Veterans Claims.

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TITLE VI

-COURT MATTERS

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TITLE VII

-ASSISTANCE TO UNITED STATES PARALYMPIC INTEGRATED ADAPTIVE

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United States against individuals who died while serving on
active duty in the Armed Forces.

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TITLE VIII

-OTHER MATTERS

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sclerosis as a result of certain service in the Persian Gulf
War and Post 9/11 Global Operations theaters.

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promote awareness of benefits under laws administered by the
Secretary.

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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.

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CLAIMANTS BY THE DEPARTMENT OF VETERANS AFFAIRS REGARDING THE
SUBSTANTIATION OF CLAIMS.
(a) In General.--Section 5103(a) is amended--
(1) by inserting ``(1)'' before ``Upon receipt''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The Secretary shall prescribe in regulations requirements
relating to the contents of notice to be provided under this
subsection.
``(B) The regulations required by this paragraph--
``(i) shall specify different contents for notice based on
whether the claim concerned is an original claim, a claim for
reopening a prior decision on a claim, or a claim for an increase
in benefits;
``(ii) shall provide that the contents for such notice be
appropriate to the type of benefits or services sought under the
claim;
``(iii) shall specify for each type of claim for benefits the
general information and evidence required to substantiate the basic
elements of such type of claim; and
``(iv) shall specify the time period limitations required
pursuant to subsection (b).''.
(b) Applicability.--The regulations required by paragraph (2) of
section 5103(a) of title 38, United States Code (as amended by
subsection (a) of this section), shall apply with respect to notices
provided to claimants on or after the effective date of such
regulations.

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OF VETERANS AFFAIRS OF THE SCHEDULE OF RATINGS FOR DISABILITIES
OF VETERANS.
Section 502 is amended by striking ``(other than an action relating
to the adoption or revision of the schedule of ratings for disabilities
adopted under section 1155 of this title)''.

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VETERANS' DISABILITY COMPENSATION OF DISABILITY SEVERANCE PAY FOR
DISABILITIES INCURRED BY MEMBERS OF THE ARMED FORCES IN COMBAT
ZONES.
(a) Conforming Amendment.--Section 1646 of the Wounded Warrior Act
(title XVI of Public Law 110-181; 122 Stat. 472) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Conforming Amendment.--Section 1161 of title 38, United
States Code, is amended by striking `as required by section 1212(c) of
title 10' and inserting `to the extent required by section 1212(d) of
title 10'.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 28, 2008 (the date of the enactment of the
Wounded Warrior Act), as if included in that Act, to which they relate.

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IN ADDRESSING CAUSES FOR VARIANCES IN COMPENSATION PAYMENTS FOR
VETERANS FOR SERVICE-CONNECTED DISABILITIES.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
describing the progress of the Secretary in addressing the causes of
unacceptable variances in compensation payments for veterans for
service-connected disabilities.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A description of the efforts of the Veterans Benefits
Administration to coordinate with the Veterans Health
Administration to improve the quality of examinations of veterans
with service-connected disabilities that are performed by the
Veterans Health Administration and contract clinicians, including
efforts relating to the use of approved templates for such
examinations and of reports on such examinations that are based on
such templates prepared in an easily-readable format.
(2) An assessment of the current personnel requirements of the
Veterans Benefits Administration, including an assessment of the
adequacy of the number of personnel assigned to each regional
office of the Administration for each type of claim adjudication
position.
(3) A description of the differences, if any, in current
patterns of 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.

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MEDICAL DISABILITY EXAMINATIONS BY CONTRACT PHYSICIANS.
Section 704(c) of the Veterans Benefits Act of 2003 (Public Law
108-183; 117 Stat. 2651; 38 U.S.C. 5101 note) is amended by striking
``December 31, 2009'' and inserting ``December 31, 2010''.

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SERVICE-CONNECTED IN FORMER PRISONERS OF WAR WITH POST-TRAUMATIC
STRESS DISORDER.
Section 1112(b)(2) is amended by adding at the end the following
new subparagraph:
``(F) Osteoporosis, if the Secretary determines that the
veteran has post-traumatic stress disorder (PTSD).''.
COMPENSATION SYSTEM
Subtitle A--Benefits Matters

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(a) In General.--Chapter 11 is amended by inserting after section
1155 the following new section:
``Sec. 1156. Temporary disability ratings
``(a) Assignment of Temporary Ratings.--(1) For the purpose of
providing disability compensation under this chapter to veterans, the
Secretary shall assign a temporary disability rating to a veteran as
follows:
``(A) To a veteran who--
``(i) was discharged or released from active duty not more
than 365 days before the date such veteran submits a claim for
disability compensation under this chapter;
``(ii) has one or more disabilities for which a rating of
total is not immediately assignable--
``(I) under the regular provisions of the schedule of
ratings; or
``(II) on the basis of individual unemployability; and
``(iii) has one or more--
``(I) severe disabilities that result in substantially
gainful employment not being feasible or advisable; or
``(II) healed, unhealed, or incompletely healed wounds
or injuries that make material impairment of employability
likely.
``(B) To a veteran who, as a result of a highly stressful in-
service event, has a mental disorder that is severe enough to bring
about the veteran's discharge or release from active duty.
``(C) To a veteran who has a service-connected disability that
requires hospital treatment or observation in a Department of
Veterans Affairs or approved hospital for a period in excess of 21
days.
``(D) To a veteran who has a service-connected disability that
has required convalescent care or treatment at hospital discharge
(regular discharge or release to non-bed care) or outpatient
release that meets the requirements of regulations prescribed by
the Secretary.
``(2) With respect to a veteran described in paragraph (1)(A), the
Secretary may assign a temporary disability rating to such veteran
regardless of whether such veteran has obtained a medical examination
or a medical opinion concerning such veteran's disability.
``(3) With respect to a veteran described in paragraph (1)(B), the
Secretary shall schedule a medical examination for such veteran not
later than six months after the separation or discharge of such veteran
from active duty.
``(b) Termination of Temporary Disability Ratings.--(1) Except as
provided in paragraph (2), a temporary disability rating assigned to a
veteran under this section shall remain in effect as follows:
``(A) For a veteran who is assigned a temporary disability
rating under subsection (a)(1)(A), until the later of the date that
is--
``(i) 12 months after the date of discharge or release from
active duty; or
``(ii) provided in regulations prescribed by the Secretary.
``(B) For a veteran who is assigned a temporary disability
rating under subsection (a)(1)(B), until the date on which a rating
decision is issued to such veteran following the medical
examination scheduled under subsection (a)(3).
``(C) For a veteran who is assigned a temporary disability
rating under subsection (a)(1)(C), until the later of the date that
is--
``(i) the last day of the month in which the veteran is
discharged from the hospital as described in such subsection
(a)(1)(C); or
``(ii) provided in regulations prescribed by the Secretary.
``(D) For a veteran who is assigned a temporary disability
rating under subsection (a)(1)(D), until the date that is provided
in regulations prescribed by the Secretary.
``(2) The Secretary may extend a temporary disability rating
assigned to a veteran under subsection (a) beyond the applicable
termination date under paragraph (1) if the Secretary determines that
such an extension is appropriate.
``(c) Regulations.--The Secretary shall prescribe regulations to
carry out the provisions of this section.
``(d) Construction.--Nothing in this section shall be construed to
preclude the Secretary from providing a temporary disability rating
under an authority other than this section.''.
(b) Application.--Section 1156(a)(1) of title 38, United States
Code, as added by subsection (a), shall apply with respect to a veteran
who is discharged or released from active duty (as defined in section
101 of title 38, United States Code) on or after the date of the
enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 11 is amended by inserting after the item relating to section
1155 the following new item:
``1156. Temporary disability ratings.''.

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(a) In General.--Chapter 51 is amended by inserting after section
5121 the following new section:
``Sec. 5121A. Substitution in case of death of claimant
``(a) Substitution.--(1) If a claimant dies while a claim for any
benefit under a law administered by the Secretary, or an appeal of a
decision with respect to such a claim, is pending, a living person who
would be eligible to receive accrued benefits due to the claimant under
section 5121(a) of this title may, not later than one year after the
date of the death of such claimant, file a request to be substituted as
the claimant for the purposes of processing the claim to completion.
``(2) Any person seeking to be substituted for the claimant shall
present evidence of the right to claim such status within such time as
prescribed by the Secretary in regulations.
``(3) Substitution under this subsection shall be in accordance
with such regulations as the Secretary may prescribe.
``(b) Limitation.--Those who are eligible to make a claim under
this section shall be determined in accordance with section 5121 of
this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 51 is amended by inserting after the item relating to section
5121 the following new item:
``5121A. Substitution in case of death of claimant.''.
(c) Effective Date.--Section 5121A of title 38, United States Code,
as added by subsection (a), shall apply with respect to the claim of
any claimant who dies on or after the date of the enactment of this
Act.

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CAPACITY AND QUALITY OF LIFE AND ON LONG-TERM TRANSITION PAYMENTS
TO VETERANS UNDERGOING REHABILITATION FOR SERVICE-CONNECTED
DISABILITIES.
(a) Report Required.--Not later than 210 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the findings of the Secretary as a result of
the following studies:
(1) The most recent study of the Secretary on the appropriate
levels of disability compensation to be paid to veterans to
compensate for loss of earning capacity and quality of life as a
result of service-related disabilities.
(2) The most recent study of the Secretary on the feasability
and appropriate level of long-term transition payments to veterans
who are separated from the Armed Forces due to disability while
such veterans are undergoing rehabilitation for such disability.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A comprehensive description of the findings and
recommendations of the Secretary as a result of the studies
described in subsection (a).
(2) A description of the actions proposed to be taken by the
Secretary in light of such findings and recommendations, including
a description of any modification of the schedule for rating
disabilities of veterans under section 1155 of title 38, United
States Code, proposed to be undertaken by the Secretary and of any
other modification of policy or regulations proposed to be
undertaken by the Secretary.
(3) For each action proposed to be taken as described in
paragraph (2), a proposed schedule for the taking of such action,
including a schedule for the commencement and completion of such
action.
(4) A description of any legislative action required in order
to authorize, facilitate, or enhance the taking of any action
proposed to be taken as described in paragraph (2).

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(a) In General.--Subchapter III of chapter 5 is amended by adding
at the end the following new section:
``Sec. 546. Advisory Committee on Disability Compensation
``(a) Establishment.--(1) There is in the Department the Advisory
Committee on Disability Compensation (in this section referred to as
the `Committee').
``(2) The Committee shall consist of not more than 18 members
appointed by the Secretary from among individuals who--
``(A) have experience with the provision of disability
compensation by the Department; or
``(B) are leading medical or scientific experts in relevant
fields.
``(3)(A) Except as provided in subparagraph (B), the Secretary
shall determine the terms of service and pay and allowances of the
members of the Committee.
``(B) A term of service may not exceed four years and shall be
staggered to ensure that the dates for the termination of the members'
terms are not all the same.
``(C) The Secretary may reappoint any member for one or more
additional terms of service.
``(4) The Secretary shall select a Chair from among the members of
the Committee.
``(b) Responsibilities of Committee.--(1) The Secretary shall, on a
regular basis, consult with and seek the advice of the Committee with
respect to the maintenance and periodic readjustment of the schedule
for rating disabilities under section 1155 of this title.
``(2)(A) In providing advice to the Secretary under this
subsection, the Committee shall--
``(i) assemble and review relevant information relating to the
needs of veterans with disabilities;
``(ii) provide information relating to the nature and character
of disabilities arising from service in the Armed Forces;
``(iii) provide an on-going assessment of the effectiveness of
the schedule for rating disabilities; and
``(iv) provide on-going advice on the most appropriate means of
responding to the needs of veterans relating to disability
compensation in the future.
``(B) In carrying out its duties under subparagraph (A), the
Committee shall take into special account the needs of veterans who
have served in a theater of combat operations.
``(c) Resources.--The Secretary shall ensure that appropriate
personnel, funding, and other resources are provided to the Committee
to carry out its responsibilities.
``(d) Biennial Reports to the Secretary.--(1) Not later than
October 31, 2010, and not less frequently than every two years
thereafter, the Committee shall submit to the Secretary a report on the
programs and activities of the Department that relate to the payment of
disability compensation. Each such report shall include--
``(A) an assessment of the needs of veterans with respect to
disability compensation; and
``(B) such recommendations (including recommendations for
administrative or legislative action) as the Committee considers
appropriate.
``(2) The Committee may submit to the Secretary such other reports
and recommendations as the Committee considers appropriate.
``(e) Biennial Reports to Congress.--(1) Not later than 90 days
after the receipt of a report required under subsection (d)(1), the
Secretary shall transmit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a copy of such report, together with such comments and
recommendations concerning such report as the Secretary considers
appropriate.
``(2) The Secretary shall submit with each report required under
paragraph (1) a summary of all reports and recommendations of the
Committee submitted to the Secretary under subsection (d)(2) since the
previous report transmitted by the Secretary under paragraph (1) of
this subsection.
``(f) Applicability of Federal Advisory Committee Act.--(1) Except
as provided in paragraph (2), the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the activities of the
Committee under this section.
``(2) Section 14 of such Act shall not apply to the Committee.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end of the items relating to
subchapter III the following new item:
``546. Advisory Committee on Disability Compensation.''.
Subtitle B--Assistance and Processing Matters

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CLAIMS AND PROVISION OF CHECKLISTS TO INDIVIDUALS SUBMITTING
CLAIMS.
(a) Pilot Program on Expedited Treatment of Fully Developed
Claims.--
(1) In general.--The Secretary of Veterans Affairs shall carry
out a pilot program to assess the feasibility and advisability of
providing expeditious treatment of fully developed compensation or
pension claims to ensure that such claims are adjudicated not later
than 90 days after the date on which such claim is submitted as
fully developed.
(2) Duration of pilot program.--The pilot program under this
subsection shall be carried out during the one-year period
beginning on the date that is 60 days after the date of the
enactment of this Act.
(3) Program locations.--The pilot program under this subsection
shall be carried out at 10 regional offices of the Department of
Veterans Affairs selected by the Secretary for purposes of such
pilot program.
(4) Fully developed claim defined.--For purposes of this
subsection, the term ``fully developed claim'' means a claim for a
benefit under a law administered by the Secretary--
(A) for which the claimant--
(i) received assistance from a veterans service
officer, a State or country veterans service officer, an
agent, or an attorney; or
(ii) submits along with the claim an appropriate
indication that the claimant does not intend to submit any
additional information or evidence in support of the claim
and does not require additional assistance with respect to
the claim; and
(B) for which the claimant--
(i) submits a certification in writing that is signed
and dated by the claimant stating that, as of such date, no
additional information or evidence is available or needs to
be submitted in order for the claim to be adjudicated; and
(ii) for which the claimant's representative, if any,
submits a certification in writing that is signed and dated
by the representative stating that, as of such date, no
additional information or evidence is available or needs to
be submitted in order for the claim to be adjudicated.
(b) Pilot Program on Provision of Checklists to Individuals
Submitting Claims.--
(1) In general.--The Secretary shall carry out a pilot program
to assess the feasibility and advisability of providing to a
claimant for whom the Secretary is required under section 5103(a)
of title 38, United States Code, to provide notice of required
information and evidence to such claimant and such claimant's
representative, if any, a checklist that includes information or
evidence required to be submitted by the claimant to substantiate
the claim.
(2) Duration of pilot program.--The pilot program under this
subsection shall be carried out--
(A) for original claims filed after the date of the
enactment of this Act, during the one-year period beginning on
the date that is 60 days after the date of the enactment of
this Act; and
(B) for claims to reopen and for claims for increased
ratings that were filed after the date of the enactment of this
Act, during the three-year period beginning on the date that is
60 days after the date of the enactment of this Act.
(3) Program locations.--The pilot program under this subsection
shall be carried out at four regional offices of the Department
selected by the Secretary for purposes of such pilot program.
(4) Construction.--A checklist provided under the pilot program
under this subsection--
(A) shall be construed to be an addendum to a notice
provided under section 5103(a) of title 38, United Sates Code;
and
(B) shall not be considered as part of such notice for
purposes of reversal or remand of a decision of the Secretary.
(c) Reports.--
(1) First initial report.--Not later than 335 days after the
date of the enactment of this Act, the Secretary shall submit to
Congress a report on the pilot program under subsection (a) and the
pilot program under subsection (b) with respect to claims described
in subsection (b)(2)(A).
(2) Second interim report.--Not later than 1,065 days after the
date of the enactment of this Act, the Secretary shall submit to
Congress a report on the pilot program under subsection (b) with
respect to claims described in subsection (b)(2)(B).
(3) Elements of interim reports.--The reports required by
paragraphs (1) and (2) shall include the following:
(A) Data concerning the number and type of claims covered
by the respective pilot program.
(B) The findings of the Secretary with respect to the
respective pilot program.
(C) The recommendations of the Secretary on the feasibility
and advisability of continuing or expanding the respective
pilot program and any necessary modifications to such pilot
program for continuation or expansion.
(D) Such other information as the Secretary considers
appropriate.
(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.

c28fb8026175d0ccb9c2449bc7a4b247566b911a5241e97c2778875c7474bc21

(a) In General.--Chapter 3 is amended by adding at the end the
following new section:
``Sec. 321. Office of Survivors Assistance
``(a) Establishment.--The Secretary shall establish in the
Department an Office of Survivors Assistance (in this section referred
to as the `Office') to serve as a resource regarding all benefits and
services furnished by the Department--
``(1) to survivors and dependents of deceased veterans; and
``(2) to survivors and dependents of deceased members of the
Armed Forces.
``(b) Advisory Duties.--The Office shall serve as a primary advisor
to the Secretary on all matters related to the policies, programs,
legislative issues, and other initiatives affecting the survivors and
dependents described in subsection (a).
``(c) Guidance From Stakeholders.--In establishing the Office, the
Secretary shall seek guidance from interested stakeholders.
``(d) Resources.--The Secretary shall ensure that appropriate
personnel, funding, and other resources are provided to the Office to
carry out its responsibilities.
``(e) Inclusion of Information on Office in Annual Report on
Department Activities.--The Secretary shall include in each annual
Performance and Accountability report submitted by the Secretary to
Congress a description of the activities of the Office during the
fiscal year covered by such report.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``321. Office of Survivors Assistance.''.

cd6bf5386b819739c2542634e7ae0edae5dc908545e43430f2830c7184f3f973

INDEMNITY COMPENSATION TO MAINTAIN SURVIVORS OF VETERANS WHO DIE
FROM SERVICE-CONNECTED DISABILITIES.
(a) Report Required.--Not later than 10 months after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Veterans' Affairs and Appropriations
of the Senate and the Committees on Veterans' Affairs and
Appropriations of the House of Representatives a report on the adequacy
of dependency and indemnity compensation payable under chapter 13 of
title 38, United States Code, to surviving spouses and dependents of
veterans who die as a result of a service-connected disability in
replacing the deceased veteran's income.
(b) Elements.--The report required by subsection (a) shall
include--
(1) a description of the current system for the payment of
dependency and indemnity compensation to surviving spouses and
dependents described in subsection (a), including a statement of
the rates of such compensation so payable;
(2) an assessment of the adequacy of such payments in replacing
the deceased veteran's income; and
(3) such recommendations as the Comptroller General considers
appropriate in order to improve or enhance the effects of such
payments in replacing the deceased veteran's income.

077866418d67522195a6375bf229ba6b67903c3d8b82a5129c5e2cb3ffb5b462

(a) In General.--Section 7731 is amended by adding at the end the
following new subsection:
``(c)(1) The Secretary shall enter into a contract with an
independent third-party entity to conduct, during the three-year period
beginning on the date of the enactment of the Veterans' Benefits
Improvement Act of 2008, an assessment of the quality assurance program
carried out under subsection (a).
``(2) The assessment conducted under paragraph (1) shall evaluate
the following:
``(A) The quality and accuracy of the work of employees of the
Veterans Benefits Administration, using a statistically valid
sample of such employees and a statistically valid sample of such
work.
``(B) The performance of each regional office of the Veterans
Benefits Administration.
``(C) The accuracy of the disability ratings assigned under the
schedule for rating disabilities under section 1155 of this title.
``(D) The consistency of disability ratings among regional
offices of the Veterans Benefits Administration, based on a sample
of specific disabilities.
``(E) The performance of employees and managers of the Veterans
Benefits Administration.
``(3) The Secretary shall develop a mechanism for the automated
gathering and producing of data that can be used to monitor and assess
trends relating to the items described in paragraph (2).
``(4)(A) Beginning on the date that is six months after the date of
the enactment of the Veterans' Benefits Improvement Act of 2008, the
Secretary shall--
``(i) for each claim for disability compensation under laws
administered by the Secretary submitted to the Secretary on or
after such date, retain, monitor, and store in an accessible format
the data described in subparagraph (B); and
``(ii) develop a demographic baseline for the data retained,
monitored, and stored under subparagraph (A).
``(B) The data described in this subparagraph includes the
following:
``(i) For each claim for disability compensation under laws
administered by the Secretary submitted by a claimant--
``(I) the State in which the claimant resided when the
claim was submitted;
``(II) the decision of the Secretary with respect to the
claim and each issue claimed; and
``(III) the regional office and individual employee of the
Department responsible for rating the claim.
``(ii) The State in which the claimant currently resides.
``(iii) Such other data as the Secretary determines is
appropriate for monitoring the accuracy and consistency of
decisions with respect to such claims.
``(5) Nothing in this subsection shall be construed to require the
Secretary to replace the quality assurance program under subsection (a)
that was in effect on the day before the date of the enactment of this
subsection.''.
(b) Report to Congress.--Not later than the end of the three-year
period beginning on the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to Congress a report
containing the results and findings of the independent third-party
entity described in section 7731(c)(1) of title 38, United States Code,
as added by subsection (a), with respect to the assessment conducted
under such section 7731(c)(1).

fe235ac17416b153a3b987081072a8192862e92d37f1346fbf75db67e9de65e4

BENEFITS ADMINISTRATION RESPONSIBLE FOR PROCESSING CLAIMS.
(a) Employee Certification Required.--
(1) In general.--Subchapter II of chapter 77 is amended by
inserting after section 7732 the following new section:
``Sec. 7732A. Employee certification
``(a) Development of Certification Examination.--(1) The Secretary
shall provide for an examination of appropriate employees and managers
of the Veterans Benefits Administration who are responsible for
processing claims for compensation and pension benefits under the laws
administered by the Secretary.
``(2) In developing the examination required by paragraph (1), the
Secretary shall--
``(A) consult with appropriate individuals or entities,
including examination development experts, interested stakeholders,
and employee representatives; and
``(B) consider the data gathered and produced under section
7731(c)(3) of this title.
``(b) Employee and Manager Requirement.--The Secretary shall
require appropriate employees and managers of the Veterans Benefits
Administration who are responsible for processing claims for
compensation and pension benefits under the laws administered by the
Secretary to take the examination provided under subsection (a).''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter 77 is amended by inserting after the item relating
to section 7732 the following new item:
``7732A. Employee certification.''.
(3) Deadlines for implementation.--The Secretary of Veterans
Affairs shall--
(A) develop an updated certification examination required
under section 7732A of title 38, United States Code, as added
by subsection (a), not later than one year after the date of
the enactment of this Act; and
(B) begin administering such certification examination
required under such section not later than 90 days after the
date on which the development of such certification examination
is complete.
(b) Evaluation of Training.--Not later than one year after the date
of the enactment of this Act, the Comptroller General of the United
States shall--
(1) evaluate the training programs administered for employees
of the Veterans Benefits Administration of the Department of
Veterans Affairs; and
(2) submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Comptroller General
with respect to the evaluation described in paragraph (1).

b6a55c09d8ab82d1784bf5565d7068e20f9914a312532ae91101475f77455d98

THE VETERANS BENEFITS ADMINISTRATION.
(a) Study of Work Credit System and Work Management System
Required.--The Secretary of Veterans Affairs shall conduct a study on
the effectiveness of the current employee work credit system and work
management system of the Veterans Benefits Administration of the
Department of Veterans Affairs, which is used--
(1) to measure and manage the work production of employees of
the Veterans Benefits Administration who handle claims for
compensation and pension benefits; and
(2) to evaluate more effective means of improving performance.
(b) Contents of Study.--In carrying out the study under subsection
(a), the Secretary shall consider--
(1) measures to improve the accountability, quality, and
accuracy for processing claims for compensation and pension
benefits under laws administered by the Secretary that are
adjudicated by the Veterans Benefits Administration;
(2) accountability for claims adjudication outcomes;
(3) the quality of claims adjudicated;
(4) a simplified process to adjudicate claims;
(5) the maximum use of information technology applications;
(6) rules-based applications and tools for processing and
adjudicating claims efficiently and effectively;
(7) methods of reducing the time required to obtain information
from outside sources; and
(8) the elements needed to implement--
(A) performance standards and accountability measures,
intended to ensure that--
(i) claims for benefits under the laws administered by
the Secretary are processed in an objective, accurate,
consistent, and efficient manner; and
(ii) final decisions with respect to such claims are
consistent and issued within the target identified in the
most recent annual Performance and Accountability report
submitted by the Secretary to Congress for the most recent
fiscal year;
(B) guidelines and procedures for the identification and
prompt processing of such claims that are ready to rate upon
submittal;
(C) guidelines and procedures for the identification and
prompt processing of such claims submitted by severely injured
and very severely injured veterans, as determined by the
Secretary; and
(D) requirements for assessments of claims processing at
each regional office for the purpose of producing lessons
learned and best practices.
(c) Report to Congress.--Not later than October 31, 2009, the
Secretary shall submit to Congress a report on--
(1) the study conducted under subsection (a); and
(2) the components required to implement the updated system for
evaluating employees of the Veterans Benefits Administration
required under subsection (d).
(d) Evaluation of Certain Veterans Benefits Administration
Employees Responsible for Processing Claims for Compensation and
Pension Benefits.--Not later than 210 days after the date on which the
Secretary submits to Congress the report required under subsection (c),
the Secretary shall establish an updated system for evaluating the
performance and accountability of employees of the Veterans Benefits
Administration who are responsible for processing claims for
compensation or pension benefits. Such system shall be based on the
findings of the study conducted by the Secretary under subsection (a).

bd375515d4b56a99c01896c8bc5cf11935cdd48e22461beb99b5c9a89f70ace7

IN VETERANS BENEFITS ADMINISTRATION.
(a) Review and Comprehensive Plan.--Not later than one year after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall--
(1) conduct a review of the use of information technology in
the Veterans Benefits Administration with respect to the processing
of claims for compensation and pension benefits; and
(2) develop a comprehensive plan for the use of such technology
in processing such claims so as to reduce subjectivity, avoidable
remands, and regional office variances in disability ratings for
specific disabilities.
(b) Information Technology.--The plan developed under subsection
(a)(2) shall include the following:
(1) The use of rules-based processing or information technology
systems utilizing automated decision support software at all levels
of processing such claims.
(2) The enhancement of the use of information technology for
all aspects of the claims process.
(3) Development of a technological platform that--
(A) allows for the use of information that members of the
Armed Forces, veterans, and dependents have submitted
electronically, including uploaded military records, medical
evidence, and other appropriate documentation; and
(B) to the extent practicable--
(i) provides the capability to such members, veterans,
and dependents to view applications for benefits submitted
online; and
(ii) complies with the provisions of subchapter III of
chapter 35 of title 44, United States Code, section 552a of
title 5, United States Code, and other relevant security
policies and guidelines.
(4) The use of electronic examination templates in conjunction
with the schedule for rating disabilities under section 1155 of
title 38, United States Code.
(5) Such changes as may be required to the electronic health
record system of the Department of Veterans Affairs and the
Department of Defense to ensure that Veterans Benefits
Administration claims examiners can access the available electronic
medical information of the Department of Veterans Affairs and the
Department of Defense.
(6) The provision of bi-directional access to medical records
and service records between the Department of Veterans Affairs and
the Department of Defense.
(7) The availability, on a secure Internet website of the
Department of Veterans Affairs, of a portal that can be used by a
claimant to check on the status of any claim submitted by that
claimant and that provides information, if applicable, on--
(A) whether a decision has been reached with respect to
such a claim and notice of the decision; or
(B) if no such decision has been reached, notice of--
(i) whether the application submitted by the claimant
is complete;
(ii) whether the Secretary requires additional
information or evidence to substantiate the claim;
(iii) the estimated date on which a decision with
respect to the claim is expected to be made; and
(iv) the stage at which the claim is being processed as
of the date on which such status is checked.
(c) Review of Best Practices and Lessons Learned.--In carrying out
this section, the Secretary shall review--
(1) best practices and lessons learned within the Department of
Veterans Affairs; and
(2) the use of the technology known as ``VistA'' by other
Government entities and private sector organizations who employ
information technology and automated decision support software.
(d) Reduction of Claims Processing Time.--In carrying out this
section, the Secretary shall ensure that a plan is developed that, not
later than three years after implementation, includes information
technology to the extent possible to reduce the processing time for
each compensation and pension claim processed by the Veterans Benefits
Administration. The performance for claims processing under this plan
shall be adjusted for changes to the numbers of claims filed in a given
period, the complexity of those claims, and any changes to the basic
claims processing rules which occur during the assessment period.
(e) Consultation.--In carrying out this section, the Secretary of
Veterans Affairs shall consult with information technology designers at
the Veterans Benefits Administration, the Veterans Health
Administration, VistA managers, the Secretary of Defense, appropriate
officials of other Government agencies, appropriate individuals in the
private and public sectors, veterans service organizations, and other
relevant service organizations.
(f) Report to Congress.--Not later than April 1, 2010, the
Secretary shall submit to Congress a report on the review and
comprehensive plan required under this section.

27e599d12cb9d930ad70901954501f8106bcb2e118354ad0fbf7a386c532eb93

(a) Study.--The Secretary of Veterans Affairs shall conduct a
study--
(1) to assess the feasibility and advisability of various
mechanisms to improve communication between the Veterans Benefits
Administration and the Veterans Health Administration to provide
Veterans Benefits Administration employees with access to medical
advice from the Veterans Health Administration when needed by such
employees to carry out their duties; and
(2) to evaluate whether additional medical professionals are
necessary to provide the access described in paragraph (1).
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to Congress a
report on the study conducted under subsection (a).
Subtitle A--Labor and Employment Matters

bdf8a49ea3a84e7c42d294f3e2d5aaa254a75f2b00884485988548581f631e80

(a) Notification of Rights With Respect to Complaints.--Subsection
(c) of section 4322 is amended to read as follows:
``(c)(1) Not later than five days after the Secretary receives a
complaint submitted by a person under subsection (a), the Secretary
shall notify such person in writing of his or her rights with respect
to such complaint under this section and section 4323 or 4324, as the
case may be.
``(2) The Secretary shall, upon request, provide technical
assistance to a potential claimant with respect to a complaint under
this subsection, and when appropriate, to such claimant's employer.''.
(b) Notification of Results of Investigation in Writing.--
Subsection (e) of such section is amended by inserting ``in writing''
after ``submitted the complaint''.
(c) Expedition of Attempts To Investigate and Resolve Complaints.--
Section 4322 is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Any action required by subsections (d) and (e) with respect
to a complaint submitted by a person to the Secretary under subsection
(a) shall be completed by the Secretary not later than 90 days after
receipt of such complaint.''.
(d) Expedition of Referrals.--
(1) Expedition of referrals to attorney general.--Section
4323(a)(1) is amended by inserting ``Not later than 60 days after
the Secretary receives such a request with respect to a complaint,
the Secretary shall refer the complaint to the Attorney General.''
after ``to the Attorney General.''.
(2) Expedition of referrals to special counsel.--Section
4324(a)(1) is amended by striking ``The Secretary shall refer'' and
inserting ``Not later than 60 days after the date the Secretary
receives such a request, the Secretary shall refer''.
(e) Notification of Representation.--
(1) Notification by attorney general.--Section 4323(a) is
further amended--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Not later than 60 days after the date the Attorney General
receives a referral under paragraph (1), the Attorney General shall--
``(A) make a decision whether to appear on behalf of, and act
as attorney for, the person on whose behalf the complaint is
submitted; and
``(B) notify such person in writing of such decision.''.
(2) Notification by special counsel.--Subparagraph (B) of
section 4324(a)(2) is amended to read as follows:
``(B) Not later than 60 days after the date the Special Counsel
receives a referral under paragraph (1), the Special Counsel shall--
``(i) make a decision whether to represent a person before the
Merit Systems Protection Board under subparagraph (A); and
``(ii) notify such person in writing of such decision.''.
(f) Deadlines, Statutes of Limitations, and Related Matters.--
(1) In general.--Subchapter III of chapter 43 is amended by
adding at the end the following new section:
``Sec. 4327. Noncompliance of Federal officials with deadlines;
inapplicability of statutes of limitations
``(a) Effect of Noncompliance of Federal Officials With
Deadlines.--(1) The inability of the Secretary, the Attorney General,
or the Special Counsel to comply with a deadline applicable to such
official under section 4322, 4323, or 4324 of this title--
``(A) shall not affect the authority of the Attorney General or
the Special Counsel to represent and file an action or submit a
complaint on behalf of a person under section 4323 or 4324 of this
title;
``(B) shall not affect the right of a person--
``(i) to commence an action under section 4323 of this
title;
``(ii) to submit a complaint under section 4324 of this
title; or
``(iii) to obtain any type of assistance or relief
authorized by this chapter;
``(C) shall not deprive a Federal court, the Merit Systems
Protection Board, or a State court of jurisdiction over an action
or complaint filed by the Attorney General, the Special Counsel, or
a person under section 4323 or 4324 of this title; and
``(D) shall not constitute a defense, including a statute of
limitations period, that any employer (including a State, a private
employer, or a Federal executive agency) or the Office of Personnel
Management may raise in an action filed by the Attorney General,
the Special Counsel, or a person under section 4323 or 4324 of this
title.
``(2) If the Secretary, the Attorney General, or the Special
Counsel is unable to meet a deadline applicable to such official in
section 4322(f), 4323(a)(1), 4323(a)(2), 4324(a)(1), or 4324(a)(2)(B)
of this title, and the person agrees to an extension of time, the
Secretary, the Attorney General, or the Special Counsel, as the case
may be, shall complete the required action within the additional period
of time agreed to by the person.
``(b) Inapplicability of Statutes of Limitations.--If any person
seeks to file a complaint or claim with the Secretary, the Merit
Systems Protection Board, or a Federal or State court under this
chapter alleging a violation of this chapter, there shall be no limit
on the period for filing the complaint or claim.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 43 is amended by inserting after the item relating to
section 4326 the following new item:
``4327. Noncompliance of Federal officials with deadlines;
inapplicability of statutes of limitations.''.
(3) Conforming amendment.--Section 4323 is further amended--
(A) by striking subsection (i); and
(B) by redesignating subsection (j) as subsection (i).

6d206d58f9b7af78734ea2efd5aba056c7549b6cf8e58c3b25c218f119c34f47

RESPECT TO ENFORCEMENT OF USERRA.
(a) Date of Annual Reports.--Section 4332 is amended by striking
``and no later than February 1, 2005'' and all that follows through the
``such February 1:'' and inserting ``, transmit to Congress not later
than July 1 each year a report on matters for the fiscal year ending in
the year before the year in which such report is transmitted as
follows:''.
(b) Modification of Annual Reports by Secretary.--Such section is
further amended--
(1) by striking ``The Secretary shall'' and inserting ``(a)
Annual Report by Secretary.--The Secretary shall'';
(2) in paragraph (3), by inserting before the period at the end
the following: ``and the number of actions initiated by the Office
of Special Counsel before the Merit Systems Protection Board
pursuant to section 4324 during such fiscal year'';
(3) by redesignating paragraphs (6) and (7) as paragraphs (9)
and (10), respectively;
(4) by inserting after paragraph (5) the following new
paragraph (8):
``(8) With respect to the cases reported on pursuant to
paragraphs (1), (2), (3), (4), and (5) the number of such cases
that involve persons with different occupations or persons seeking
different occupations, as designated by the Standard Occupational
Classification System.''.
(5) by redesignating paragraph (5) as paragraph (7);
(6) by inserting after paragraph (4) the following new
paragraphs (5) and (6):
``(5) The number of cases reviewed by the Secretary and the
Secretary of Defense through the National Committee for Employer
Support of the Guard and Reserve of the Department of Defense that
involve the same person.
``(6) With respect to the cases reported on pursuant to
paragraphs (1), (2), (3), (4), and (5)--
``(A) the number of such cases that involve a disability-
related issue; and
``(B) the number of such cases that involve a person who
has a service-connected disability.''; and
(7) in paragraph (7), as redesignated by paragraph (5) of this
subsection, by striking ``or (4)'' and inserting ``(4), or (5)''.
(c) Additional Reports.--Such section is further amended by adding
at the end the following new subsection:
``(b) Quarterly Reports.--
``(1) Quarterly report by secretary.--Not later than 30 days
after the end of each fiscal quarter, the Secretary shall submit to
Congress, the Secretary of Defense, the Attorney General, and the
Special Counsel a report setting forth, for the previous full
quarter, the following:
``(A) The number of cases for which the Secretary did not
meet the requirements of section 4322(f) of this title.
``(B) The number of cases for which the Secretary received
a request for a referral under paragraph (1) of section 4323(a)
of this title but did not make such referral within the time
period required by such paragraph.
``(2) Quarterly report by attorney general.--Not later than 30
days after the end of each fiscal quarter, the Attorney General
shall submit to Congress, the Secretary, the Secretary of Defense,
and the Special Counsel a report setting forth, for the previous
full quarter, the number of cases for which the Attorney General
received a referral under paragraph (1) of section 4323(a) of this
title but did not meet the requirements of paragraph (2) of section
4323(a) of this title for such referral.
``(3) Quarterly report by special counsel.--Not later than 30
days after the end of each fiscal quarter, the Special Counsel
shall submit to Congress, the Secretary, the Secretary of Defense,
and the Attorney General a report setting forth, for the previous
full quarter, the number of cases for which the Special Counsel
received a referral under paragraph (1) of section 4324(a) of this
title but did not meet the requirements of paragraph (2)(B) of
section 4324(a) of this title for such referral.''.
(d) Uniform Categorization of Data.--Such section is further
amended by adding at the end the following new subsection:
``(c) Uniform Categorization of Data.--The Secretary shall
coordinate with the Secretary of Defense, the Attorney General, and the
Special Counsel to ensure that--
``(1) the information in the reports required by this section
is categorized in a uniform way; and
``(2) the Secretary, the Secretary of Defense, the Attorney
General, and the Special Counsel each have electronic access to the
case files reviewed under this chapter by the Secretary, the
Secretary of Defense, the Attorney General, and the Special Counsel
with due regard for the provisions of section 552a of title 5.''.
(e) Comptroller General Report.--Not later than two years after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report that contains the
following:
(1) An assessment of the reliability of the data contained in
the reports submitted under subsection (b) of section 4332 of title
38, United States Code (as amended by subsection (c) of this
section), as of the date of such report.
(2) An assessment of the timeliness of the reports submitted
under subsection (b) of section 4332 of title 38, United States
Code (as so amended), as of such date.
(3) The extent to which the Secretary of Labor is meeting the
timeliness requirements of subsections (c)(1) and (f) of section
4322 of title 38, United States Code (as amended by section 311 of
this Act), and section 4323(a)(1) of title 38, United States Code
(as so amended), as of the date of such report.
(4) The extent to which the Attorney General is meeting the
timeliness requirements of section 4323(a)(2) of title 38, United
States Code (as amended by section 311 of this Act), as of the date
of such report.
(5) The extent to which the Special Counsel is meeting the
timeliness requirements of section 4324(a)(2)(B) of title 38,
United States Code (as amended by section 311 of this Act), as of
the date of such report.
(f) Effective Date.--The amendments made by this section shall
apply with respect to each report required under section 4332 of title
38, United States Code (as amended by this section), after the date of
the enactment of this Act.

f9ca8eeb39e96dd173c44874fe71e26d9c9a253aee7525f119f8fc7c4a45128d

ON EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED
SERVICES.
(a) Training Required.--Subchapter IV of chapter 43 is amended by
adding at the end the following new section:
``Sec. 4335. Training for Federal executive agency human resources
personnel on employment and reemployment rights and limitations
``(a) Training Required.--The head of each Federal executive agency
shall provide training for the human resources personnel of such agency
on the following:
``(1) The rights, benefits, and obligations of members of the
uniformed services under this chapter.
``(2) The application and administration of the requirements of
this chapter by such agency with respect to such members.
``(b) Consultation.--The training provided under subsection (a)
shall be developed and provided in consultation with the Director of
the Office of Personnel Management.
``(c) Frequency.--The training under subsection (a) shall be
provided with such frequency as the Director of the Office of Personnel
Management shall specify in order to ensure that the human resources
personnel of Federal executive agencies are kept fully and currently
informed of the matters covered by the training.
``(d) Human Resources Personnel Defined.--In this section, the term
`human resources personnel', in the case of a Federal executive agency,
means any personnel of the agency who are authorized to recommend,
take, or approve any personnel action that is subject to the
requirements of this chapter with respect to employees of the
agency.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 43 is amended by adding at the end the following new item:
``4335. Training for Federal executive agency human resources personnel
on employment and reemployment rights and limitations.''.

b13ac7d680f8e040fb2c059716ffaa852cb657053cad03fbe7516472ee869364

VETERANS LIVING ON TRIBAL LANDS.
(a) Report.--Not later than December 1, 2009, the Secretary of
Labor shall, in consultation with the Secretary of Veterans Affairs and
the Secretary of the Interior, submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report assessing the employment needs of
Native American (American Indian, Alaska Native, Native Hawaiian, and
Pacific Islander) veterans living on tribal lands, including Indian
reservations, Alaska Native villages, and Hawaiian Home Lands. The
report shall include--
(1) a review of current and prior government-to-government
relationships between tribal organizations and the Veterans'
Employment and Training Service of the Department of Labor; and
(2) recommendations for improving employment and job training
opportunities for Native American veterans on tribal land,
especially through the utilization of resources for veterans.
(b) Tribal Organization Defined.--In this section, the term
``tribal organization'' has the meaning given such term in section
3765(4) of title 38, United States Code.

56d521ad17b0e1871d157dc1c54a78c956d6f52ab5ec29cab6bc0f984bc92655

Section 4323(e) of title 38, United States Code, is amended by
striking ``may use'' and inserting ``shall use, in any case in which
the court determines it is appropriate,''.

baa680f650e49810e2061f618213ae9e3b9efcadf43c5acbd815db87d4a5f1b9

VETERANS' EMPLOYMENT AND TRAINING.
Section 4103(a)(2) is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary may waive the requirement in subparagraph (A)
with respect to a Director for Veterans' Employment and Training if the
Secretary determines that the waiver is in the public interest. Any
such waiver shall be made on a case-by-case basis.''.

52f0c5970f2f70830d2762d023447fee103173350757bd0e35565d9b6a5a8ebb

VETERANS OF POST 9/11 GLOBAL OPERATIONS.
(a) Modification of Study.--Subsection (a)(1) of section 4110A is
amended--
(1) in the matter before subparagraph (A), by striking ``a
study every two years'' and inserting ``an annual study''; and
(2) by striking subparagraphs (A) through (E) and inserting the
following new subparagraphs:
``(A) Veterans who were called to active duty while members of
the National Guard or a Reserve Component.
``(B) Veterans who served in combat or in a war zone in the
Post 9/11 Global Operations theaters.
``(C) Veterans who served on active duty during the Post 9/11
Global Operations period who did not serve in the Post 9/11 Global
Operations theaters.
``(D) Veterans of the Vietnam era who served in the Vietnam
theater of operations during the Vietnam era.
``(E) Veterans who served on active duty during the Vietnam era
who did not serve in the Vietnam theater of operations.
``(F) Veterans discharged or released from active duty within
four years of the applicable study.
``(G) Special disabled veterans.''.
(b) Definitions.--Such section is further amended by adding at the
end the following new subsection:
``(c) In this section:
``(1) The term `Post 9/11 Global Operations period' means the
period of the Persian Gulf War beginning on September 11, 2001, and
ending on the date thereafter prescribed by Presidential
proclamation or law.
``(2) The term `Post 9/11 Global Operations theaters' means
Afghanistan, Iraq, or any other theater in which the Global War on
Terrorism Expeditionary Medal is awarded for service.''.
Subtitle B--Education Matters

6d194ab32bee186c24fe56d3f85382663ce15fed43bdc78db3ae0e9e23bee631

DEPENDENTS' EDUCATIONAL ASSISTANCE OF CERTAIN SPOUSES OF
INDIVIDUALS WITH SERVICE-CONNECTED DISABILITIES TOTAL AND
PERMANENT IN NATURE.
Section 3512(b)(1) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B) or
(C)'' and inserting ``subparagraph (B), (C), or (D)''; and
(2) by adding at the end the following new subparagraph:
``(D) Notwithstanding subparagraph (A), an eligible person referred
to in that subparagraph who is made eligible under section
3501(a)(1)(D)(i) of this title by reason of a service-connected
disability that was determined to be a total disability permanent in
nature not later than three years after discharge from service may be
afforded educational assistance under this chapter during the 20-year
period beginning on the date the disability was so determined to be a
total disability permanent in nature, but only if the eligible person
remains the spouse of the disabled person throughout the period.''.

9d8b575f1d27a22286833da6f03fe0331b956da143b1c526d891f2ce5df92bff

VETERANS AFFAIRS ON PRIOR TRAINING.
Section 3676(c)(4) is amended by striking ``and the Secretary''.

69f92ad5644ed5e04708bffe4ba672022008c721942e0b6f5a1ccfa17dc42a1b

ENROLLMENT IN A CORRESPONDENCE COURSE.
Section 3686(b) is amended by striking ``ten'' and inserting
``five''.

78dfbb241db080b8e1ad1b4c89dc0b54d4fb9961d9438133d9d6476901c5dc65

INSTITUTION.
Section 3691(d) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively;
(2) by inserting ``(1)'' after ``(d)'';
(3) in subparagraph (C) of paragraph (1), as redesignated by
paragraphs (1) and (2) of this section, by striking ``or'' at the
end;
(4) in subparagraph (D) of paragraph (1), as so redesignated,
by striking the period at the end and inserting ``; or''; and
(5) by adding at the end the following:
``(E) the change from the program to another program is at the
same educational institution and such educational institution
determines that the new program is suitable to the aptitudes,
interests, and abilities of the veteran or eligible person and
certifies to the Secretary the enrollment of the veteran or
eligible person in the new program.
``(2) A veteran or eligible person undergoing a change from one
program of education to another program of education as described in
paragraph (1)(E) shall not be required to apply to the Secretary for
approval of such change.''.

c177811be41b541f0625dea9cda14776869abffb601b2de5deaa993d2230be40

APPLICATIONS FOR APPROVAL OF SELF-EMPLOYMENT ON-JOB TRAINING.
Section 3677(b) is amended by adding at the end the following new
paragraph:
``(3) The requirement for certification under paragraph (1) shall
not apply to training described in section 3452(e)(2) of this title.''.

23b2259822f86b6a162bf59755f84ef8ffaeef2a4c7983ad3e8f82e3f49d9eb9

OF EDUCATION BENEFITS.
(a) Coordination.--
(1) In general.--Section 3673 is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Coordination of Activities.--The Secretary shall take
appropriate actions to ensure the coordination of approval activities
performed by State approving agencies under this chapter and chapters
34 and 35 of this title and approval activities performed by the
Department of Labor, the Department of Education, and other entities in
order to reduce overlap and improve efficiency in the performance of
such activities.''.
(2) Conforming and clerical amendments.--(A) The heading of
such section is amended to read as follows:
``Sec. 3673. Approval activities: cooperation and coordination of
activities''.
(B) The table of sections at the beginning of chapter 36 is
amended by striking the item relating to section 3673 and inserting
the following new item:
``3673. Approval activities: cooperation and coordination of
activities.''.
(3) Stylistic amendments.--Such section is further amended--
(A) in subsection (a), by inserting ``Cooperation in
Activities.--'' after ``(a)''; and
(B) in subsection (c), as redesignated by paragraph (1)(A)
of this subsection, by inserting ``Availability of Information
Material.--'' after ``(c)''.
(b) Report.--Not later than 240 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report setting
forth the following:
(1) The actions taken to establish outcome-oriented performance
standards for State approving agencies created or designated under
section 3671 of title 38, United States Code, including a
description of any plans for, and the status of the implementation
of, such standards as part of the evaluations of State approving
agencies required by section 3674A of title 38, United States Code.
(2) The actions taken to implement a tracking and reporting
system for resources expended for approval and outreach activities
by such agencies.
(3) Any recommendations for legislative action that the
Secretary considers appropriate to achieve the complete
implementation of the standards described in paragraph (1).
Subtitle C--Vocational Rehabilitation Matters

3131941bf4a4016e61cb5061d14480eec9a93103355af02a16feb7857f90ba6a

LIVING SERVICES AND ASSISTANCE FOR VETERANS WITH A SEVERE
DISABILITY INCURRED IN THE POST-9/11 GLOBAL OPERATIONS PERIOD.
Section 3105(d) is amended--
(1) by striking ``Unless the Secretary'' and all that follows
through ``the period of a program'' and inserting ``(1) Except as
provided in paragraph (2), the period of a program''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The period of a program of independent living services and
assistance for a veteran under this chapter may exceed twenty-four
months as follows:
``(i) If the Secretary determines that a longer period is
necessary and likely to result in a substantial increase in the
veteran's level of independence in daily living.
``(ii) If the veteran served on active duty during the Post-9/
11 Global Operations period and has a severe disability (as
determined by the Secretary for purposes of this clause) incurred
or aggravated in such service.
``(B) In this paragraph, the term `Post-9/11 Global Operations
period' means the period of the Persian Gulf War beginning on September
11, 2001, and ending on the date thereafter prescribed by Presidential
proclamation or by law.''.

1b122930d33c709d95aabdff82db34ca8fcc816da1b80253ae9764581c992f55

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

cf3a5eab5f6d13ba5ff0db61bae808429d02375a14fd1ea8365f3c6d0de3e815

COMPLETING VOCATIONAL REHABILITATION.
(a) Study Required.--The Secretary of Veterans Affairs shall
conduct a study on measures to assist and encourage veterans in
completing their vocational rehabilitation plans. The study shall
include an identification of the following elements, to the extent that
such elements do not duplicate studies conducted or reports released by
the Secretary during the one-year period beginning on the date of the
enactment of this Act:
(1) The various factors that may prevent or preclude veterans
from completing their vocational rehabilitation plans through the
Department of Veterans Affairs or otherwise achieving the
vocational rehabilitation objectives of such plans.
(2) The actions to be taken by the Secretary to assist and
encourage veterans in overcoming the factors identified in
paragraph (1) and in otherwise completing their vocational
rehabilitation plans or achieving the vocational rehabilitation
objectives of such plans.
(b) Matters To Be Examined.--In conducting the study required by
subsection (a), the Secretary shall examine the following:
(1) Measures utilized by public and private vocational
rehabilitation service providers for individuals with disabilities
in the United States, and in other countries, that promote
successful outcomes by the program participants.
(2) Any studies or survey data available to the Secretary that
relates to the matters covered by the study.
(3) The extent to which disability compensation may be used as
an incentive to encourage veterans to participate in and complete a
vocational rehabilitation plan.
(4) The report of the Veterans' Disability Benefits Commission
established pursuant to section 1501 of the National Defense
Authorization Act of 2004 (38 U.S.C. 1101 note).
(5) The report of the President's Commission on Care for
America's Returning Wounded Warriors.
(6) Any other matters that the Secretary considers appropriate
for purposes of the study.
(c) Considerations.--In conducting the study required by subsection
(a), the Secretary shall consider--
(1) the extent to which bonus payments or other incentives may
be used to encourage veterans to complete their vocational
rehabilitation plans or otherwise achieve the vocational
rehabilitation objectives of such plans; and
(2) such other matters as the Secretary considers appropriate.
(d) Consultation.--In conducting the study required by subsection
(a), the Secretary--
(1) shall consult with such veterans and military service
organizations, and with such other public and private organizations
and individuals, as the Secretary considers appropriate; and
(2) may employ consultants.
(e) Report.--Not later than 270 days after the commencement of the
study required by subsection (a), the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the
study. The report shall include the following:
(1) The findings of the Secretary under the study.
(2) Any recommendations that the Secretary considers
appropriate for actions to be taken by the Secretary in light of
the study, including a proposal for such legislative or
administrative action as the Secretary considers appropriate to
implement the recommendations.

81842c5d0a5fecac54fdea8fadb44e4e18bb9774c195459f4c264bc0c73fb9ca

VOCATIONAL REHABILITATION PROGRAMS.
(a) Study Required.--Chapter 31 is amended by adding at the end the
following new section:
``Sec. 3122. Longitudinal study of vocational rehabilitation programs
``(a) Study Required.--(1) Subject to the availability of
appropriated funds, the Secretary shall conduct a longitudinal study of
a statistically valid sample of each of the groups of individuals
described in paragraph (2). The Secretary shall study each such group
over a period of at least 20 years.
``(2) The groups of individuals described in this paragraph are the
following:
``(A) Individuals who begin participating in a vocational
rehabilitation program under this chapter during fiscal year 2010.
``(B) Individuals who begin participating in such a program
during fiscal year 2012.
``(C) Individuals who begin participating in such a program
during fiscal year 2014.
``(b) Annual Reports.--By not later than July 1 of each year
covered by the study required under subsection (a), the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on the study during the preceding year.
``(c) Contents of Report.--The Secretary shall include in the
report required under subsection (b) any data the Secretary determines
is necessary to determine the long-term outcomes of the individuals
participating in the vocational rehabilitation programs under this
chapter. The Secretary may add data elements from time to time as
necessary. In addition, each such report shall contain the following
information:
``(1) The number of individuals participating in vocational
rehabilitation programs under this chapter who suspended
participation in such a program during the year covered by the
report.
``(2) The average number of months such individuals served on
active duty.
``(3) The distribution of disability ratings of such
individuals.
``(4) The types of other benefits administered by the Secretary
received by such individuals.
``(5) The types of social security benefits received by such
individuals.
``(6) Any unemployment benefits received by such individuals.
``(7) The average number of months such individuals were
employed during the year covered by the report.
``(8) The average annual starting and ending salaries of such
individuals who were employed during the year covered by the
report.
``(9) The number of such individuals enrolled in an institution
of higher learning, as that term is defined in section 3452(f) of
this title.
``(10) The average number of academic credit hours, degrees,
and certificates obtained by such individuals during the year
covered by the report.
``(11) The average number of visits such individuals made to
Department medical facilities during the year covered by the
report.
``(12) The average number of visits such individuals made to
non-Department medical facilities during the year covered by the
report.
``(13) The average annual income of such individuals.
``(14) The average total household income of such individuals
for the year covered by the report.
``(15) The percentage of such individuals who own their
principal residences.
``(16) The average number of dependents of each such
veteran.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``3122. Longitudinal study of vocational rehabilitation programs.''.

a967d80118dd418733c77ed6211077f2010bb9555eb6009550f3880bd0796e36

STRESS DISORDER AMONG CONDITIONS COVERED BY TRAUMATIC INJURY
PROTECTION COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall, in
consultation with the Secretary of Defense, submit to the appropriate
committees of Congress a report setting forth the assessment of the
Secretary of Veterans Affairs as to the feasability and advisability of
including severe and acute post-traumatic stress disorder (PTSD) among
the conditions covered by traumatic injury protection coverage under
Servicemembers' Group Life Insurance under section 1980A of title 38,
United States Code.
(b) Considerations.--In preparing the assessment required by
subsection (a), the Secretary of Veterans Affairs shall consider the
following:
(1) The advisability of providing traumatic injury protection
coverage under Servicemembers' Group Life Insurance under section
1980A of title 38, United States Code, for post-traumatic stress
disorder incurred by a member of the Armed Forces as a direct
result of military service in a combat zone that renders the member
unable to carry out the daily activities of living after the member
is discharged or released from military service.
(2) The unique circumstances of military service, and the
unique experiences of members of the Armed Forces who are deployed
to a combat zone.
(3) Any financial strain incurred by family members of members
of the Armed Forces who have severe and acute post-traumatic stress
disorder.
(4) The recovery time, and any particular difficulty of the
recovery process, for recovery from severe and acute post-traumatic
stress disorder.
(5) Such other matters as the Secretary considers appropriate.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.

2757dc4ebae1052fab5906d5c0852cd44dc53744f667454527bc064b43d8e2da

UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE.
(a) Treatment.--Section 1965(10) is amended by adding at the end
the following new subparagraph:
``(C) The member's stillborn child.''.
(b) Conforming Amendment.--Section 101(4)(A) is amended by striking
``section 1965(10)(B)'' in the matter preceding clause (i) and
inserting ``subparagraph (B) or (C) of section 1965(10)''.

6d198e5031a3f93ba2a1e037932c8ab442cb4697e0cbe8f88e424bb6bd3cdf67

INSURANCE COVERAGE.
(a) Expansion of Servicemembers' Group Life Insurance To Include
Certain Members of Individual Ready Reserve.--
(1) In general.--Section 1967(a)(1)(C) is amended by striking
``section 1965(5)(B) of this title'' and inserting ``subparagraph
(B) or (C) of section 1965(5) of this title''.
(2) Conforming amendments.--
(A) Section 1967(a)(5)(C) is amended by striking ``section
1965(5)(B) of this title'' and inserting ``subparagraph (B) or
(C) of section 1965(5) of this title''; and
(B) Section 1969(g)(1)(B) is amended by striking ``section
1965(5)(B) of this title'' and inserting ``subparagraph (B) or
(C) of section 1965(5) of this title''.
(b) Reduction in Period of Dependents' Coverage After Member
Separates.--Section 1968(a)(5)(B)(ii) is amended by striking ``120 days
after''.
(c) Authority To Set Premiums for Ready Reservists' Spouses.--
Section 1969(g)(1)(B) is amended by striking ``(which shall be the same
for all such members)''.
(d) Forfeiture of Veterans' Group Life Insurance.--Section 1973 is
amended by striking ``under this subchapter'' and inserting ``and
Veterans' Group Life Insurance under this subchapter''.
(e) Effective and Applicability Dates.--
(1) The amendments made by subsection (a) shall take effect on
the date of the enactment of this Act.
(2) The amendment made by subsection (b) shall apply with
respect to Servicemembers' Group Life Insurance coverage for an
insurable dependent of a member, as defined in section 1965(10) of
title 38, United States Code (as amended by section 402 of this
Act), that begins on or after the date of the enactment of this
Act.
(3) The amendment made by subsection (c) shall take effect as
if enacted on June 5, 2001, immediately after the enactment of the
Veterans' Survivor Benefits Improvements Act of 2001 (Public Law
107-14; 115 Stat. 25).
(4) The amendment made by subsection (d) shall apply with
respect to any act of mutiny, treason, spying, or desertion
committed on or after the date of the enactment of this Act for
which a person is found guilty, or with respect to refusal because
of conscientious objections to perform service in, or to wear the
uniform of, the Armed Forces on or after the date of the enactment
of this Act.

2fff4affb12d535e32f377bacaa437a2387e1cb884693be6c46d58e7be8d39cb

INSURANCE.
Section 1922(a) is amended by striking ``directly from such fund''
and inserting ``directly from such fund; and (5) administrative costs
to the Government for the costs of the program of insurance under this
section shall be paid from premiums credited to the fund under
paragraph (4), and payments for claims against the fund under paragraph
(4) for amounts in excess of amounts credited to such fund under that
paragraph (after such administrative costs have been paid) shall be
paid from appropriations to the fund''.

1713031af22ba65eb950defeae3057ea179aeeab6b044b20d763b0cb6097d3f8

CERTAIN HOUSING LOANS GUARANTEED BY SECRETARY OF VETERANS
AFFAIRS.
Notwithstanding subparagraph (C) of section 3703(a)(1) of title 38,
United States Code, for purposes of any loan described in subparagraph
(A)(i)(IV) of such section that is originated during the period
beginning on the date of the enactment of this Act and ending on
December 31, 2011, the term ``maximum guaranty amount'' shall mean an
amount equal to 25 percent of the higher of--
(1) the limitation determined under section 305(a)(2) of the
Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2))
for the calendar year in which the loan is originated for a single-
family residence; or
(2) 125 percent of the area median price for a single-family
residence, but in no case to exceed 175 percent of the limitation
determined under such section 305(a)(2) for the calendar year in
which the loan is originated for a single-family residence.

1a08189a2d66f3a3a06723e1d64fea59342f5036bb9f2292dbc5a753d226c5b7

(a) Report Required.--Not later than December 31, 2009, the
Secretary of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the effects of mortgage
foreclosures on veterans.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A general assessment of the income of veterans who have
recently separated from the Armed Forces.
(2) An assessment of the effects of any lag or delay in the
adjudication by the Secretary of claims of veterans for disability
compensation on the capacity of veterans to maintain adequate or
suitable housing.
(3) A description of the extent to which the provisions of the
Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.)
protect veterans from mortgage foreclosure, and an assessment of
the adequacy of such protections.
(4) A description and assessment of the adequacy of the home
loan guaranty programs of the Department of Veterans Affairs,
including the authorities of such programs and the assistance
provided individuals in the utilization of such programs, in
preventing foreclosure for veterans recently separated from the
Armed Forces, and for members of the Armed Forces, who have home
loans guaranteed by the Secretary.

1f18f77627c3c82e0814fe7b4fe88247e11408702af988bc59c0e0efb631c0de

FURNISHED TO VETERANS ELIGIBLE FOR SPECIALLY ADAPTED HOUSING
ASSISTANCE BY SECRETARY OF VETERANS AFFAIRS.
Section 2103 is amended--
(1) by striking ``The Secretary'' and inserting ``(a) Plans and
Specifications.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Handbook for Design.--The Secretary shall make available to
veterans eligible for assistance under this chapter, without cost to
the veterans, a handbook containing appropriate designs for specially
adapted housing. The Secretary shall update such handbook at least once
every six years to take into account any new or unique disabilities,
including vision impairments, impairments specific to the upper limbs,
and burn injuries.''.

8700cae7e5496ea0df8a8d64591c9a8ddfccc191987394a29df007f314e2cbe0

(a) Inclusion of Refinancing Loans Among Loans Subject to Guaranty
Maximum.--Section 3703(a)(1)(A)(i)(IV) is amended by inserting ``(5),''
after ``(3),''.
(b) Increase in Maximum Percentage of Loan-to-Value of Refinancing
Loans Subject to Guaranty.--Section 3710(b)(8) is amended by striking
``90 percent'' and inserting ``100 percent''.

d0b31d8bbe7420d0ca7c2fc38ee96843a53789a8eda004934df3cf9ad43955b8

PROGRAMS.
(a) Extension of Demonstration Project on Adjustable Rate
Mortgages.--Section 3707(a) of title 38, United States Code, is amended
by striking ``2008'' and inserting ``2012''.
(b) Extension of Demonstration Project on Hybrid Adjustable Rate
Mortgages.--Section 3707A(a) of such title is amended by striking
``2008'' and inserting ``2012''.

f631af78490635513f52bafdbd97ba9cbd969e5bb2fa359e09650b63746e33b0

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.
Section 7253 is amended by adding at the end the following new
subsection:
``(i) Additional Temporary Expansion of Court.--(1) Subject to
paragraph (2), effective as of December 31, 2009, the authorized number
of judges of the Court specified in subsection (a) is increased by two.
``(2) Effective as of January 1, 2013, an appointment may not be
made to the Court if the appointment would result in there being more
judges of the Court than the authorized number of judges of the Court
specified in subsection (a).''.

513be093b6efbca513bbb853ea7f6f0176002fb91a66471766fbeeaa24de3639

RECORDS.
Section 7268 is amended by adding at the end the following new
subsection:
``(c)(1) The Court shall prescribe rules, in accordance with
section 7264(a) of this title, to protect privacy and security concerns
relating to all filing of documents and the public availability under
this subsection of documents retained by the Court or filed
electronically with the Court.
``(2) The rules prescribed under paragraph (1) shall be consistent
to the extent practicable with rules addressing privacy and security
issues throughout the Federal courts.
``(3) The rules prescribed under paragraph (1) shall take into
consideration best practices in Federal and State courts to protect
private information or otherwise maintain necessary information
security.''.

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APPEALS FOR VETERANS CLAIMS.
(a) Repeal of Limit on Service of Recalled Retired Judges Who
Voluntarily Serve More Than 90 Days.--Section 7257(b)(2) is amended by
striking ``or for more than a total of 180 days (or the equivalent)
during any calendar year''.
(b) New Judges Recalled After Retirement Receive Pay of Current
Judges Only During Period of Recall.--
(1) In general.--Section 7296(c) is amended by striking
paragraph (1) and inserting the following new paragraph:
``(1)(A) A judge who is appointed on or after the date of the
enactment of the Veterans' Benefits Improvement Act of 2008 and who
retires under subsection (b) and elects under subsection (d) to receive
retired pay under this subsection shall (except as provided in
paragraph (2)) receive retired pay as follows:
``(i) In the case of a judge who is a recall-eligible retired
judge under section 7257 of this title, the retired pay of the
judge shall (subject to section 7257(d)(2) of this title) be the
rate of pay applicable to that judge at the time of retirement, as
adjusted from time to time under subsection (f)(3).
``(ii) In the case of a judge other than a recall-eligible
retired judge, the retired pay of the judge shall be the rate of
pay applicable to that judge at the time of retirement.
``(B) A judge who retired before the date of the enactment of the
Veterans' Benefits Improvement Act of 2008 and elected under subsection
(d) to receive retired pay under this subsection, or a judge who
retires under subsection (b) and elects under subsection (d) to receive
retired pay under this subsection, shall (except as provided in
paragraph (2)) receive retired pay as follows:
``(i) In the case of a judge who is a recall-eligible retired
judge under section 7257 of this title or who was a recall-eligible
retired judge under that section and was removed from recall status
under subsection (b)(4) of that section by reason of disability,
the retired pay of the judge shall be the pay of a judge of the
court.
``(ii) In the case of a judge who at the time of retirement did
not provide notice under section 7257 of this title of availability
for service in a recalled status, the retired pay of the judge
shall be the rate of pay applicable to that judge at the time of
retirement.
``(iii) In the case of a judge who was a recall-eligible
retired judge under section 7257 of this title and was removed from
recall status under subsection (b)(3) of that section, the retired
pay of the judge shall be the pay of the judge at the time of the
removal from recall status.''.
(2) Cost-of-living adjustment for retired pay of new judges who
are recall-eligible.--Section 7296(f)(3)(A) is amended by striking
``paragraph (2) of subsection (c)'' and inserting ``paragraph
(1)(A)(i) or (2) of subsection (c)''.
(3) Pay during period of recall.--Subsection (d) of section
7257 is amended to read as follows:
``(d)(1) The pay of a recall-eligible retired judge to whom section
7296(c)(1)(B) of this title applies is the pay specified in that
section.
``(2) A judge who is recalled under this section who retired under
chapter 83 or 84 of title 5 or to whom section 7296(c)(1)(A) of this
title applies shall be paid, during the period for which the judge
serves in recall status, pay at the rate of pay in effect under section
7253(e) of this title for a judge performing active service, less the
amount of the judge's annuity under the applicable provisions of
chapter 83 or 84 of title 5 or the judge's annuity under section
7296(c)(1)(A) of this title, whichever is applicable.''.
(4) Notice.--The last sentence of section 7257(a)(1) is amended
to read as follows: ``Such a notice provided by a retired judge to
whom section 7296(c)(1)(B) of this title applies is irrevocable.''.
(c) Limitation on Involuntary Recalls.--Section 7257(b)(3) is
amended by adding at the end the following new sentence: ``This
paragraph shall not apply to a judge to whom section 7296(c)(1)(A) or
7296(c)(1)(B) of this title applies and who has, in the aggregate,
served at least five years of recalled service on the Court under this
section.''.

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Veterans' Benefits Improvement Act of 2008

Other Sections