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SUMMARY AS OF:
9/16/2008--Passed Senate amended. (There are 2 other summaries)
Title I: Compensation and Pension Matters - (Sec. 101)
Directs the Secretary of Veterans Affairs (Secretary) to
prescribe regulations specifying the contents of a currently-required
notice to claimants of a complete or substantially complete
application, including regarding: (1) different contents
for notice depending on whether the claim is an original
claim, a claim for reopening a prior decision on a claim,
or a claim for increased benefits; (2) additional or alternative
contents depending on the benefit or services sought; (3)
for each type of claim for benefits, the general information
and evidence required; and (4) applicable time limitations.
(Sec. 102) Authorizes the U.S. Court of Appeals for Veterans
Claims to review actions taken by the Secretary with respect
to the adoption and revision of the Department of Veterans
Affairs (VA) schedule for the rating of veterans' disabilities.
(Sec. 103) Requires that, whenever there is an increase
in benefit amounts payable under title II (Old Age, Survivors
and Disability Insurance) of the Social Security Act, the
Secretary shall increase by the same percentage the amounts
payable as veterans' disability compensation, additional
compensation for dependents, the clothing allowance for
certain disabled adult children, and dependency and indemnity
compensation for surviving spouses and children.
(Sec. 104) Makes a technical correction to the Wounded Warrior
Act.
(Sec. 105) Directs the Secretary to report to the congressional
veterans committees on progress in addressing the causes
of variances in compensation payments for veterans for service-connected
disabilities.
(Sec. 106) Requires a report from the Secretary to Congress
on findings and actions proposed after the completion of
studies concerning: (1) appropriate levels of disability
compensation for loss of earning capacity and quality of
life as a result of service-related disabilities; and (2)
the feasibility and appropriate level of long-term transition
payments to veterans separated from the Armed Forces due
to disability while undergoing rehabilitation for such disability.
Title II: Housing Matters - (Sec. 201) Provides a
temporary increase, from the date of enactment of this Act
through December 31, 2011, in the maximum veterans' loan
guaranty amount for certain housing loans guaranteed by
the VA.
(Sec. 202) Increases, for veterans with home loans, the
maximum percentage of an existing loan that the VA will
refinance.
(Sec. 203) Extends through FY2012 VA demonstration projects
involving adjustable rate and hybrid adjustable rate mortgages.
(Sec. 204) Allows the VA to provide residence assistance
grants to active-duty personnel suffering from a disability
incurred in or aggravated by such service.
(Sec. 205) Requires a report from the Secretary to the veterans
committees on the effects of mortgage foreclosures on veterans.
Title III: Labor and Education Matters - Subtitle
A: Labor and Employment Matters - (Sec. 301) Allows the
VA program of independent living services and assistance
for severely-disabled veterans to extend beyond its normal
24-month limit in the case of veterans who served on active
duty during the post-9/11 Global Operations period and whose
severe disability was incurred in such service.
(Sec. 302) Amends provisions concerning servicemembers'
employment and reemployment rights and benefits under the
Uniformed Services Employment and Reemployment Rights Act
of 1994 (USERRA) to require: (1) complainants to be notified
of their rights within five days after receipt of the complaint
by the Department of Labor's Veterans' Employment and Training
Service; (2) complaint investigation and resolution to be
completed within 90 days after their receipt; and (3) the
Office of Special Counsel or Attorney General, within 60
days after receiving a complaint referral, to determine
whether to provide legal representation to the claimant,
and to notify the complainant in writing of such decision.
Makes inapplicable any statute of limitations against claims
under USERRA.
(Sec. 303) Modifies requirements for annual USERRA case
reporting by the Secretary of Labor to require the inclusion
of: (1) the number of actions initiated by the Office of
Special Counsel before the Merit Systems Protection Board;
(2) data of the National Committee for Employer Support
of the Guard and Reserve; and (3) data concerning those
with disabilities. Requires: (1) quarterly reports to Congress
from the Secretary of Labor, the Special Counsel, and the
Attorney General on their compliance with the deadlines
established in the previous section; and (2) a one-time
report from the Comptroller General assessing the information
received in the quarterly reports.
(Sec. 304) Directs the head of each federal agency to provide
training to its human resources personnel on the rights,
benefits, and obligations of servicemembers under USERRA,
and the agency's application and administration of USERRA
requirements with respect to such servicemembers.
(Sec. 305) Requires the Secretary of Labor to report to
Congress an assessment of the employment needs of Native
American veterans living in or on tribal lands, Alaska Native
villages, and Hawaiian home lands.
(Sec. 306) Directs the Secretary to: (1) study measures
to assist and encourage veterans in completing vocational
rehabilitation; and (2) report study results to the veterans
committees.
Subtitle B: Education Matters - (Sec. 311) Extends from
10 to 20 years the time limit for the use of educational
benefits under the VA's survivors' and dependents' educational
assistance program by the spouse of a member who dies, or
is permanently disabled, as the result of a service-connected
disability.
(Sec. 312) Eliminates the requirement that educational institutions
providing non-accredited courses report to the VA any credit
that was granted by that institution for a veteran's prior
training.
(Sec. 313) Reduces from 10 to 5 days the required waiting
period prior to a veteran student's affirmation of an enrollment
agreement with an institution to pursue a program of education
exclusively by correspondence.
(Sec. 314) Eliminates the requirement that a veteran or
beneficiary make a separate application with hte VA for
a program change at an educational institution.
(Sec. 315) Eliminates a minimum wage-earning requirement
in the case of self-employment on-job training.
Subtitle C: Other Matters - (Sec. 321) Designates the VA
office which supports contracting with small businesses
as the Office of Small Business Programs of the Department
of Veterans Affairs.
Title IV: Court Matters - (Sec. 401) Increases, as
of December 31, 2009, from seven to nine the maximum number
of judges on the U.S. Court of Appeals for Veterans Claims
(Court). Provides that, as of January 1, 2013, no appointment
may be made to the Court that would result in there being
more than nine judges.
(Sec. 402) Directs the Court to prescribe rules to protect
privacy and security concerns relating to all filing of
documents and the public availability of documents retained
by, or filed electronically with, the Court.
(Sec. 403) Repeals the 180-day limit on the number of days
per year a recall-eligible retired Court judge may voluntarily
serve on the Court in a recall status. Establishes a three-tiered
retirement pay structure with respect to Court judges appointed
on or after the date of enactment of this Act, with tier
one representing retired judges recalled to active service,
tier two representing recall-eligible retired judges, and
tier three representing non-recall-eligible retired judges.
Exempts current and future recall-eligible retired judges
from involuntary recall once they have served an aggregate
of five years of recall service.
(Sec. 404) Requires the Court's chief judge to report annually
to the veterans committees on the Court's workload.
Title V: Insurance Matters - (Sec. 501) Directs the
Secretary to report to the defense and veterans committees
an assessment of the feasibility and advisability of including
severe and acute post-traumatic stress disorder (PTSD) among
the conditions covered by the traumatic injury protection
coverage under Servicemembers' Group Life Insurance (SGLI).
(Sec. 502) Makes a stillborn child an insurable dependent
under SGLI for veterans and their survivors and dependents.
(Sec. 503) Extends full-time and family SGLI coverage to
certain members of the Individual Ready Reserve. Terminates
a dependent's SGLI coverage 120 days after a member's separation
or release from service (rather than 120 days after the
member's SGLI coverage terminates). Allows the VA to set
premiums for SGLI coverage for the spouses of members of
the Individual Ready Reserve based on the spouse's age.
Forfeits all rights to Veterans' Group Life Insurance coverage
in the case of any individual: (1) found guilty of mutiny,
treason, spying, or desertion; or (2) who, because of conscientious
objections, refuses to perform military service or wear
a military uniform.
Title VI: Other Matters - (Sec. 601) Authorizes the
Secretary to: (1) suspend or terminate the collection of
debts owed to the United States by individuals who die while
serving on active duty; and (2) refund to the estate of
an individual any debt previously paid under such circumstances.
(Sec. 602) Extends eligibility for memorial headstones or
markers to deceased remarried surviving spouses of veterans,
whether or not the remarriage ended by death or divorce.
(Sec. 603) Extends through FY2011 VA authority to obtain
information from the Internal Revenue Service (IRS) and
the Social Security Administration for income verification
purposes for VA needs-based benefits.
(Sec. 604) Amends the Veterans Benefits Act of 2003 to extend
through 2012 VA authority to use appropriated funds to contract
with non-VA physicians to perform veterans' medical disability
examinations.
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