106TH CONGRESS

2D SESSION S. 1402

AMENDMENTS

In the House of Representatives, U. S.,

May 23, 2000.

Resolved, That the bill from the Senate (S. 1402) entitled ‘‘An Act to amend title 38, United States Code, to enhance programs providing education benefits for veterans,

and for other purposes’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF2 ERENCES TO TITLE 38, UNITED STATES CODE.

3 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet4 erans and Dependents Millennium Education Act’’.

5 (b) TABLE OF CONTENTS.—The table of contents of this

6 Act is as follows:

Sec. 1. Short title; table of contents; references to title 38, United States Code.

Sec. 2. Increase in rates of basic educational assistance under Montgomery GI

Bill.

Sec. 3. Additional opportunity for certain VEAP participants to enroll in basic

educational assistance under Montgomery GI Bill.

Sec. 4. Increase in rates of survivors and dependents educational assistance.

Sec. 5. Adjusted effective date for award of survivors’ and dependents’ educational assistance.

Sec. 6. Revision of educational assistance interval payment requirements.

Sec. 7. Availability of education benefits for payment for licensing or certification tests.

Sec. 8. Extension of certain temporary authorities.

Sec. 9. Codification of recurring provisions in annual Department of Veterans

Affairs appropriations Acts.

Sec. 10. Preservation of certain reporting requirements.
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1 (c) REFERENCES TO TITLE 38, UNITED STATES

2 CODE.—Except as otherwise expressly provided, whenever

3 in this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a section

6 or other provision of title 38, United States Code.

7 SEC. 2. INCREASE IN RATES OF BASIC EDUCATIONAL AS8 SISTANCE UNDER MONTGOMERY GI BILL.

9 (a) ACTIVE DUTY EDUCATIONAL ASSISTANCE.—(1)

10 Section 3015 is amended—

11 (A) in subsection (a)(1), by striking ‘‘$528’’ and

12 inserting ‘‘$720’’; and

13 (B) in subsection (b)(1), by striking ‘‘$429’’ and

14 inserting ‘‘$585’’.

15 (2) The amendments made by paragraph (1) shall take

16 effect on October 1, 2002, and shall apply with respect to

17 educational assistance allowances paid for months after

18 September 2002.

19 (3) In the case of an educational assistance allowance

20 paid for a month after September 2000, and before October

21 2002 under section 3015 of such title—

22 (A) subsection (a)(1) of such section shall be ap23 plied by substituting ‘‘$600’’ for ‘‘$528’’; and

24 (B) subsection (b)(1) of such section shall be ap25 plied by substituting ‘‘$487’’ for ‘‘$429’’.
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1 (b) CPI ADJUSTMENT.—No adjustment in rates of

2 educational assistance shall be made under section 3015(g)

3 of title 38, United States Code, for fiscal years 2001 and

4 2003.

5 SEC. 3. ADDITIONAL OPPORTUNITY FOR CERTAIN VEAP

6 PARTICIPANTS TO ENROLL IN BASIC EDU7 CATIONAL ASSISTANCE UNDER MONT8 GOMERY GI BILL.

9 (a) SPECIAL ENROLLMENT PERIOD.—Section 3018C

10 is amended by adding at the end the following new sub11 section:

12 ‘‘(e)(1) A qualified individual (described in paragraph

13 (2)) may make an irrevocable election under this subsection,

14 during the 1-year period beginning on the date of the enact15 ment of this subsection, to become entitled to basic edu16 cational assistance under this chapter. Such an election

17 shall be made in the same manner as elections made under

18 subsection (a)(5).

19 ‘‘(2) A qualified individual referred to in paragraph

20 (1) is an individual who meets the following requirements:

21 ‘‘(A) The individual was a participant in the

22 educational benefits program under chapter 32 of this

23 title on or before October 9, 1996.

24 ‘‘(B) The individual has continuously served on

25 active duty since October 9, 1996 (excluding the peri-
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1 ods referred to in section 3202(1)(C) of this title),

2 through at least April, 1, 2000.

3 ‘‘(C) The individual meets the requirements of

4 subsection (a)(3).

5 ‘‘(D) The individual is discharged or released

6 from active duty with an honorable discharge.

7 ‘‘(3)(A) Subject to succeeding provisions of this para8 graph, with respect to a qualified individual who makes

9 an election under paragraph (1) to become entitled to basic

10 education assistance under this chapter—

11 ‘‘(i) the basic pay of the qualified individual

12 shall be reduced (in a manner determined by the Sec13 retary concerned) until the total amount by which

14 such basic pay is reduced is $2,700; and

15 ‘‘(ii) to the extent that basic pay is not so re16 duced before the qualified individual’s discharge or re17 lease from active duty as specified in subsection

18 (a)(4), at the election of the qualified individual—

19 ‘‘(I) the Secretary concerned shall collect

20 from the qualified individual; or

21 ‘‘(II) the Secretary concerned shall reduce

22 the retired or retainer pay of the qualified indi23 vidual by,

24 an amount equal to the difference between $2,700 and

25 the total amount of reductions under clause (i), which
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1 shall be paid into the Treasury of the United States

2 as miscellaneous receipts.

3 ‘‘(B)(i) The Secretary concerned shall provide for an

4 18-month period, beginning on the date the qualified indi5 vidual makes an election under paragraph (1), for the

6 qualified individual to pay that Secretary the amount due

7 under subparagraph (A).

8 ‘‘(ii) Nothing in clause (i) shall be construed as modi9 fying the period of eligibility for and entitlement to basic

10 education assistance under this chapter applicable under

11 section 3031 of this title.

12 ‘‘(C) The provisions of subsection (c) shall apply to

13 individuals making elections under this subsection in the

14 same manner as they applied to individuals making elec15 tions under subsection (a)(5).

16 ‘‘(4) With respect to qualified individuals referred to

17 in paragraph (3)(A)(ii), no amount of educational assist18 ance allowance under this chapter shall be paid to the quali19 fied individual until the earlier of the date on which—

20 ‘‘(A) the Secretary concerned collects the applica21 ble amount under subparagraph (I) of such para22 graph; or

23 ‘‘(B) the retired or retainer pay of the qualified

24 individual is first reduced under subparagraph (II) of

25 such paragraph.
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1 ‘‘(5) The Secretary, in conjunction with the Secretary

2 of Defense, shall provide for notice to participants in the

3 educational benefits program under chapter 32 of this title

4 of the opportunity under this section to elect to become enti5 tled to basic educational assistance under this chapter.’’.

6 (b) CONFORMING AMENDMENT.—Section 3018C(b) is

7 amended by striking ‘‘subsection (a)’’ and inserting ‘‘sub8 section (a) or (e)’’.

9 SEC. 4. INCREASE IN RATES OF SURVIVORS AND DEPEND10 ENTS EDUCATIONAL ASSISTANCE.

11 (a) SURVIVORS AND DEPENDENTS EDUCATIONAL AS12 SISTANCE.—(1) Section 3532 is amended—

13 (A) in subsection (a)(1)—

14 (i) by striking ‘‘$485’’ and inserting

15 ‘‘$720’’;

16 (ii) by striking ‘‘$365’’ and inserting

17 ‘‘$540’’; and

18 (iii) by striking ‘‘$242’’ and inserting

19 ‘‘$360’’;

20 (B) in subsection (a)(2), by striking ‘‘$485’’ and

21 inserting ‘‘$720’’;

22 (C) in subsection (b), by striking ‘‘$485’’ and in23 serting ‘‘$720’’; and

24 (D) in subsection (c)(2)—
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1 (i) by striking ‘‘$392’’ and inserting

2 ‘‘$582’’;

3 (ii) by striking ‘‘$294’’ and inserting

4 ‘‘$436’’; and

5 (iii) by striking ‘‘$196’’ and inserting

6 ‘‘$291’’.

7 (2) The amendments made by paragraph (1) shall take

8 effect on October 1, 2002, and shall apply with respect to

9 educational assistance allowances paid for months after

10 September 2002.

11 (3) In the case of an educational assistance allowance

12 paid for a month after September 2000 and before October

13 2002 under section 3532 of such title—

14 (A) subsection (a)(1) of such section shall be ap15 plied by substituting—

16 (i) ‘‘$600’’ for ‘‘$485’’;

17 (ii) ‘‘$450’’ for ‘‘$365’’; and

18 (iii) ‘‘$300’’ for ‘‘$242’’;

19 (B) subsection (a)(2) of such section shall be ap20 plied by substituting ‘‘$600’’ for ‘‘$485’’;

21 (C) subsection (b) of such section shall be applied

22 by substituting ‘‘$600’’ for ‘‘$485’’; and

23 (D) subsection (c)(2) of such section shall be ap24 plied by substituting—

25 (i) ‘‘$485’’ for ‘‘$392’’;
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1 (ii) ‘‘$364’’ for ‘‘$294’’; and

2 (iii) ‘‘$242’’ for ‘‘$196’’.

3 (b) CORRESPONDENCE COURSE.—(1) Section 3534(b)

4 is amended by striking ‘‘$485’’ and inserting ‘‘$720’’.

5 (2) The amendment made by paragraph (1) shall take

6 effect on October 1, 2002, and shall apply with respect to

7 educational assistance allowances paid under section

8 3534(b) of title 38, United States Code, for months after

9 September 2002.

10 (3) In the case of an educational assistance allowance

11 paid for a month after September 2000 and before October

12 2002 under section 3534 of such title, subsection (b) of such

13 section shall be applied by substituting ‘‘$600’’ for ‘‘$485’’.

14 (c) SPECIAL RESTORATIVE TRAINING.—(1) Section

15 3542(a) is amended—

16 (A) by striking ‘‘$485’’ and inserting ‘‘$720’’;

17 (B) by striking ‘‘$152’’ each place it appears

18 and inserting ‘‘$225’’; and

19 (C) by striking ‘‘$16.16’’ and inserting ‘‘$24’’.

20 (2) The amendments made by paragraph (1) shall take

21 effect on October 1, 2002, and shall apply with respect to

22 educational assistance allowances paid under section

23 3542(a) of title 38, United States Code, for months after

24 September 2002.
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1 (3) In the case of an educational assistance allowance

2 paid for a month after September 2000 and before October

3 2002 under section 3542 of such title, subsection (a) of such

4 section shall be applied by substituting—

5 (A) ‘‘$600’’ for ‘‘$485’’;

6 (B) ‘‘$188’’ for ‘‘$152’’ each place it appears;

7 and

8 (C) ‘‘$20’’ for ‘‘$16.16’’.

9 (d) APPRENTICESHIP TRAINING.—(1) Section

10 3687(b)(2) is amended—

11 (A) by striking ‘‘$353’’ and inserting ‘‘$524’’;

12 (B) by striking ‘‘$264’’ and inserting ‘‘$392’’;

13 (C) by striking ‘‘$175’’ and inserting ‘‘$260’’;

14 and

15 (D) by striking ‘‘$88’’ and inserting ‘‘$131’’.

16 (2) The amendments made by paragraph (1) shall take

17 effect on October 1, 2002, and shall apply with respect to

18 educational assistance allowances paid under section

19 3687(b)(2) of title 38, United States Code, for months after

20 September 2002.

21 (3) In the case of an educational assistance allowance

22 paid for a month after September 2000 and before October

23 2002 under section 3687 of such title, subsection (b)(2) of

24 such section shall be applied by substituting—

25 (A) ‘‘$437’’ for ‘‘$353’’;
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1 (B) ‘‘$327’’ for ‘‘$264’’;

2 (C) ‘‘$216’’ for ‘‘$175’’; and

3 (D) ‘‘$109’’ for ‘‘$88’’.

4 (e) PROVISION FOR ANNUAL ADJUSTMENTS TO

5 AMOUNTS OF ASSISTANCE.—

6 (1) CHAPTER 35.—(A) Subchapter VI of chapter

7 35 is amended by adding at the end the following new

8 section:

9 ‘‘§ 3564. Annual adjustment of amounts of educational

10 assistance

11 ‘‘With respect to any fiscal year, the Secretary shall

12 provide a percentage increase (rounded to the nearest dol13 lar) in the rates payable under sections 3532, 3534(b), and

14 3542(a) of this title equal to the percentage by which—

15 ‘‘(1) the Consumer Price Index (all items, United

16 States city average) for the 12-month period ending

17 on the June 30 preceding the beginning of the fiscal

18 year for which the increase is made, exceeds

19 ‘‘(2) such Consumer Price Index for the 12-

20 month period preceding the 12-month period described

21 in paragraph (1).’’.

22 (B) The table of sections at the beginning of

23 chapter 35 is amended by inserting after the item re24 lating to section 3563 the following new item:

‘‘3564. Annual adjustment of amounts of educational assistance.’’.
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1 (2) CHAPTER 36.—Section 3687 is amended by

2 adding at the end the following new subsection:

3 ‘‘(d) With respect to any fiscal year, the Secretary

4 shall provide a percentage increase (rounded to the nearest

5 dollar) in the rates payable under subsection (b)(2) equal

6 to the percentage by which—

7 ‘‘(1) the Consumer Price Index (all items, United

8 States city average) for the 12-month period ending

9 on the June 30 preceding the beginning of the fiscal

10 year for which the increase is made, exceeds

11 ‘‘(2) such Consumer Price Index for the 12-

12 month period preceding the 12-month period described

13 in paragraph (1).’’.

14 (3) EFFECTIVE DATE.—The amendments made

15 by this subsection shall apply with respect to fiscal

16 year 2002 and each fiscal year beginning on or after

17 October 1, 2003.

18 SEC. 5. ADJUSTED EFFECTIVE DATE FOR AWARD OF SUR19 VIVORS’ AND DEPENDENTS’ EDUCATIONAL

20 ASSISTANCE.

21 (a) IN GENERAL.—Section 5113 is amended—

22 (1) by redesignating subsection (b) as subsection

23 (c);
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1 (2) in subsection (a), by striking ‘‘subsection (b)

2 of this section’’ and inserting ‘‘subsections (b) and

3 (c)’’; and

4 (3) by inserting after subsection (a) the following

5 new subsection:

6 ‘‘(b)(1) When determining the effective date of an

7 award of survivors’ and dependents’ educational assistance

8 under chapter 35 of this title for an individual described

9 in paragraph (2) based on an original claim, the Secretary

10 shall consider the individual’s application (under section

11 3513 of this title) as having been filed on the effective date

12 from which the Secretary, by rating decision, determines

13 that the individual is entitled to such educational assistance

14 (such entitlement being based on the total service-connected

15 disability evaluated as permanent in nature, or the service16 connected death, of the spouse or parent from whom the in17 dividual’s eligibility is derived) if that date is more than

18 1 year before the date such rating decision is made.

19 ‘‘(2) An individual referred to in paragraph (1) is a

20 person who is eligible for educational assistance under

21 chapter 35 of this title by reason of subparagraph (A)(i),

22 (A)(ii), (B), or (D) of section 3501(a)(1) of this title who—

23 ‘‘(A) submits to the Secretary an original appli24 cation under such section 3513 for such educational

25 assistance within 1 year of the date that the Secretary
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1 issues the rating decision referred to in paragraph

2 (1);

3 ‘‘(B) claims such educational assistance for an

4 approved program of education for months preceding

5 the 1-year period ending on the date on which the in6 dividual’s application under such section was received

7 by the Secretary; and

8 ‘‘(C) would have been entitled to such edu9 cational assistance for such course pursuit for such

10 months, without regard to this subsection, if the indi11 vidual had submitted such an application on the ef12 fective date from which the Secretary determined the

13 individual was eligible for such educational assist14 ance.’’.

15 (b) EFFECTIVE DATE.—The amendments made by sub16 section (a) shall apply to applications first made under sec17 tion 3513 of title 38, United States Code, that—

18 (1) are received on or after the date of the enact19 ment of this Act; or

20 (2) on the date of the enactment of this Act, are

21 pending (A) with the Secretary of Veterans Affairs or

22 (B) exhaustion of available administrative and judi23 cial remedies.
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1 SEC. 6. REVISION OF EDUCATIONAL ASSISTANCE INTERVAL

2 PAYMENT REQUIREMENTS.

3 (a) IN GENERAL.—Subclause (C) of the third sentence

4 of section 3680(a) is amended to read as follows:

5 ‘‘(C) during periods between school terms where

6 the educational institution certifies the enrollment of

7 the eligible veteran or eligible person on an individual

8 term basis if: (i) the period between such terms does

9 not exceed 8 weeks; and (ii) both the terms preceding

10 and following the period are not shorter in length

11 than the period.’’.

12 (b) EFFECTIVE DATE.—The amendment made by sub13 section (a) shall apply with respect to payments of edu14 cational assistance under title 38, United States Code, for

15 months beginning on or after the date of the enactment of

16 this Act.

17 SEC. 7. AVAILABILITY OF EDUCATION BENEFITS FOR PAY18 MENT FOR LICENSING OR CERTIFICATION

19 TESTS.

20 (a) IN GENERAL.—Sections 3452(b) and 3501(a)(5)

21 are each amended by adding at the end the following new

22 sentence: ‘‘Such term also includes licensing or certification

23 tests, the successful completion of which demonstrates an in24 dividual’s possession of the knowledge or skill required to

25 enter into, maintain, or advance in employment in a pre26 determined and identified vocation or profession, provided
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1 such tests and the licensing or credentialing organizations

2 or entities that offer such tests are approved by the Sec3 retary in accordance with section 3689 of this title.’’.

4 (b) AMOUNT OF PAYMENT.—

5 (1) CHAPTER 30.—Section 3032 is amended by

6 adding at the end the following new subsection:

7 ‘‘(g) PAYMENT AMOUNT FOR LICENSING OR CERTIFI8 CATION TEST.—(1) Subject to paragraph (3), the amount

9 of educational assistance payable under this chapter for a

10 licensing or certification test described in section 3452(b)

11 of this title is the lesser of $2,000 or the fee charged for

12 the test.

13 ‘‘(2) The number of months of entitlement charged in

14 the case of any individual for such licensing or certification

15 test is equal to the number (including any fraction) deter16 mined by dividing the total amount of educational assist17 ance paid such individual for such test by the full-time

18 monthly institutional rate of educational assistance which,

19 except for paragraph (1) of this subsection, such individual

20 would otherwise be paid under subsection (a)(1), (b)(1), (d),

21 or (e)(1) of section 3015 of this title, as the case may be.

22 ‘‘(3) In no event shall payment of educational assist23 ance under this subsection for such a test exceed the amount

24 of the individual’s available entitlement under this chap25 ter.’’.
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1 (2) CHAPTER 32.—Section 3232 is amended by

2 adding at the end the following new subsection:

3 ‘‘(c) PAYMENT AMOUNT FOR LICENSING OR CERTIFI4 CATION TEST.—(1) Subject to paragraph (3), the amount

5 of educational assistance payable under this chapter for a

6 licensing or certification test described in section 3452(b)

7 of this title is the lesser of $2,000 or the fee charged for

8 the test.

9 ‘‘(2) The number of months of entitlement charged in

10 the case of any individual for such licensing or certification

11 test is equal to the number (including any fraction) deter12 mined by dividing the total amount paid to such individual

13 for such test by the full-time monthly institutional rate of

14 the educational assistance allowance which, except for para15 graph (1) of this subsection, such individual would other16 wise be paid under this chapter.

17 ‘‘(3) In no event shall payment of educational assist18 ance under this subsection for such a test exceed the amount

19 of the individual’s available entitlement under this chap20 ter.’’.

21 (3) CHAPTER 34.—Section 3482 is amended by

22 adding at the end the following new subsection:

23 ‘‘(h) PAYMENT AMOUNT FOR LICENSING OR CERTIFI24 CATION TEST.—(1) Subject to paragraph (3), the amount

25 of educational assistance payable under this chapter for a
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1 licensing or certification test described in section 3452(b)

2 of this title is the lesser of $2,000 or the fee charged for

3 the test.

4 ‘‘(2) The number of months of entitlement charged in

5 the case of any individual for such licensing or certification

6 test is equal to the number (including any fraction) deter7 mined by dividing the total amount paid to such individual

8 for such test by the full-time monthly institutional rate of

9 the educational assistance allowance which, except for para10 graph (1) of this subsection, such individual would other11 wise be paid under this chapter.

12 ‘‘(3) In no event shall payment of educational assist13 ance under this subsection for such a test exceed the amount

14 of the individual’s available entitlement under this chap15 ter.’’.

16 (4) CHAPTER 35.—Section 3532 is amended by

17 adding at the end the following new subsection:

18 ‘‘(f) PAYMENT AMOUNT FOR LICENSING OR CERTIFI19 CATION TEST.—(1) Subject to paragraph (3), the amount

20 of educational assistance payable under this chapter for a

21 licensing or certification test described in section 3452(b)

22 of this title is the lesser of $2,000 or the fee charged for

23 the test.

24 ‘‘(2) The number of months of entitlement charged in

25 the case of any individual for such licensing or certification
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1 test is equal to the number (including any fraction) deter2 mined by dividing the total amount paid to such individual

3 for such test by the full-time monthly institutional rate of

4 the educational assistance allowance which, except for para5 graph (1) of this subsection, such individual would other6 wise be paid under this chapter.

7 ‘‘(3) In no event shall payment of educational assist8 ance under this subsection for such a test exceed the amount

9 of the individual’s available entitlement under this chap10 ter.’’.

11 (c) REQUIREMENTS FOR LICENSING AND

12 CREDENTIALING TESTING.—

13 (1) IN GENERAL.—Chapter 36 is amended by in14 serting after section 3688 the following new section:

15 ‘‘§ 3689. Approval requirements for licensing and cer16 tification testing

17 ‘‘(a) IN GENERAL.—(1) No payment may be made for

18 a licensing or certification test described in section 3452(b)

19 or section 3501(a)(5) of this title unless the Secretary deter20 mines that the requirements of this section have been met

21 with respect to such test and the organization or entity of22 fering the test. The requirements of approval for tests and

23 organizations or entities offering tests shall be in accordance

24 with the relevant provisions of this part and with such regu-
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1 lations promulgated by the Secretary to carry out this sec2 tion.

3 ‘‘(2) To the extent that the Secretary determines prac4 ticable, State approving agencies may, in lieu of the Sec5 retary, approve licensing and certification tests, and orga6 nizations and entities offering such tests, under this section.

7 ‘‘(b) REQUIREMENTS FOR TESTS.—(1) Subject to

8 paragraph (2), a licensing or certification test is approved

9 for purposes of this section only if—

10 ‘‘(A) the test is required under Federal, State, or

11 local law or regulation for an individual to enter

12 into, maintain, or advance in employment in a pre13 determined and identified vocation or profession; or

14 ‘‘(B) the Secretary determines that the test is

15 generally accepted, in accordance with relevant gov16 ernment, business, or industry standards, employment

17 policies, or hiring practices, as attesting to a level of

18 knowledge or skill required to qualify to enter into,

19 maintain, or advance in employment in a predeter20 mined and identified vocation or profession.

21 ‘‘(2) A licensing or certification test offered by a State,

22 or a political subdivision of the State, is deemed approved

23 by the Secretary.

24 ‘‘(c) REQUIREMENTS FOR ORGANIZATIONS OR ENTI25 TIES OFFERING TESTS.—(1) Each organization or entity
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1 that is not an entity of the United States, a State, or polit2 ical subdivision of a State, that offers a licensing or certifi3 cation test for which payment may be made under this part,

4 and that meets the following requirements shall be approved

5 by the Secretary to offer such test:

6 ‘‘(A) The organization or entity certifies to the

7 Secretary that each licensing or certification test of8 fered by the organization or entity is required to ob9 tain the license or certificate required to enter into,

10 maintain, or advance in employment in a predeter11 mined and identified vocation or profession.

12 ‘‘(B) The organization or entity is licensed, char13 tered, or incorporated in a State and has offered such

14 tests for a minimum of 2 years before the date on

15 which the organization or entity first submits to the

16 Secretary an application for approval under this sec17 tion.

18 ‘‘(C) The organization or entity employs, or

19 consults with, individuals with expertise or substan20 tial experience with respect to all areas of knowledge

21 or skill that are measured by the test and that are re22 quired for the license of certificate issued.

23 ‘‘(D) The organization or entity has no direct fi24 nancial interest in—

25 ‘‘(i) the outcome of a test; or
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1 ‘‘(ii) organizations that provide the edu2 cation or training of candidates for licenses or

3 certificates required for vocations or professions.

4 ‘‘(E) The organization or entity maintains ap5 propriate records with respect to all candidates who

6 take such a test for a period prescribed by the Sec7 retary, but in no case for a period of less than 3

8 years.

9 ‘‘(F)(i) The organization or entity promptly

10 issues notice of the results of the test to the candidate

11 for the license or certificate.

12 ‘‘(ii) The organization or entity has in place a

13 process to review complaints submitted against the or14 ganization or entity with respect to a test the organi15 zation or entity offers or the process for obtaining a

16 license or certificate required for vocations or profes17 sions.

18 ‘‘(G) The organization or entity furnishes to the

19 Secretary such information with respect to a licensing

20 or certification test offered by the organization or en21 tity as the Secretary requires to determine whether

22 payment may be made for the test under this part,

23 including personal identifying information, fee pay24 ment, and test results. Such information shall be fur25 nished in the form prescribed by the Secretary.
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1 ‘‘(H) The organization or entity furnishes to the

2 Secretary the following information:

3 ‘‘(i) A description of each licensing or cer4 tification test offered by the organization or enti5 ty, including the purpose of each test, the voca6 tional, professional, governmental, and other en7 tities that recognize the test, and the license of

8 certificate issued upon successful completion of

9 the test.

10 ‘‘(ii) The requirements to take such a test,

11 including the amount of the fee charged for the

12 test and any prerequisite education, training,

13 skills, or other certification.

14 ‘‘(iii) The period for which the license or

15 certificate awarded upon successful completion of

16 such a test is valid, and the requirements for

17 maintaining or renewing the license or certifi18 cate.

19 ‘‘(I) Upon request of the Secretary, the organiza20 tion or entity furnishes such information to the Sec21 retary that the Secretary determines necessary to per22 form an assessment of—

23 ‘‘(i) the test conducted by the organization

24 or entity as compared to the level of knowledge

25 or skills that a license or certificate attests; and
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1 ‘‘(ii) the applicability of the test over such

2 periods of time as the Secretary determines ap3 propriate.

4 ‘‘(2) With respect to each organization or entity that

5 is an entity of the United States, a State, or political sub6 division of a State, that offers a licensing or certification

7 test for which payment may be made under this part, the

8 following provisions of paragraph (1) shall apply to the en9 tity: subparagraphs (E), (F), (G), and (H).

10 ‘‘(d) ADMINISTRATION.—(1) Except as otherwise spe11 cifically provided in this section or part, in implementing

12 this section and making payment under this part for a li13 censing or certification test, the test is deemed to be a

14 ‘course’ and the organization or entity that offers such test

15 is deemed to be an ‘institution’ or ‘educational institution’,

16 respectively, as those terms are applied under and for pur17 poses of sections 3671, 3673, 3674, 3678, 3679, 3681, 3682,

18 3683, 3685, 3690, and 3696 of this title.

19 ‘‘(2) The Secretary shall use amounts appropriated to

20 the Department in fiscal year 2001 for readjustment bene21 fits to develop the systems and procedures required to make

22 payments under this part for a licensing or certification

23 test, such amounts not to exceed $3,000,000.

24 ‘‘(e) PROFESSIONAL CERTIFICATION AND LICENSURE

25 ADVISORY COMMITTEE.—(1) There is established within the
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1 Department a committee to be known as the Professional

2 Certification and Licensure Advisory Committee (hereafter

3 in this section referred to as the ‘Committee’).

4 ‘‘(2) The Committee shall advise the Secretary with re5 spect to the requirements of organizations or entities offer6 ing licensing and certification tests to individuals for which

7 payment for such tests may be made under this part, and

8 such other related issues as the Committee determines to be

9 appropriate.

10 ‘‘(3)(A) The Secretary shall appoint five individuals

11 with expertise in matters relating to licensing and certifi12 cation tests to serve as members of the Committee, of

13 whom—

14 ‘‘(i) one shall be a representative of the Coalition

15 for Professional Certification;

16 ‘‘(ii) one shall be a representative of the Council

17 on Licensure and Enforcement; and

18 ‘‘(iii) one shall be a representative of the Na19 tional Skill Standards Board (established under sec20 tion 503 of the National Skill Standards Act of 1994

21 (20 U.S.C. 5933)).

22 ‘‘(B) The Secretary of Labor and the Secretary of De23 fense shall serve as ex-officio members of the Committee.

24 ‘‘(C) A vacancy in the Committee shall be filled in the

25 manner in which the original appointment was made.
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1 ‘‘(4)(A) The Secretary shall appoint the chairman of

2 the Committee.

3 ‘‘(B) The Committee shall meet at the call of the chair4 man.

5 ‘‘(C)(i) Members of the Committee shall serve without

6 compensation.

7 ‘‘(ii) Members of the Committee shall be allowed rea8 sonable and necessary travel expenses, including per diem

9 in lieu of subsistence, at rates authorized for persons serving

10 intermittently in the Government service in accordance

11 with the provisions of subchapter I of chapter 57 of title

12 5 while away from their homes or regular places of business

13 in the performance of the responsibilities of the Committee.

14 ‘‘(5) The Committee shall terminate December 31,

15 2006.’’.

16 (2) CLERICAL AMENDMENT.—The table of sections at

17 the beginning of chapter 36 is amended by inserting after

18 the item relating to section 3688 the following new item:

‘‘3689. Approval requirements for licensing and certification testing.’’.

19 (d) EFFECTIVE DATE.—The amendments made by this

20 section shall take effect on October 1, 2000, and apply with

21 respect to licensing and certification tests approved by the

22 Secretary on or after such date.
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1 SEC. 8. EXTENSION OF CERTAIN TEMPORARY AUTHORI2 TIES.

3 (a) ENHANCED LOAN ASSET SALE AUTHORITY.—Sec4 tion 3720(h)(2) is amended by striking ‘‘December 31,

5 2002’’ and inserting ‘‘December 31, 2008’’.

6 (b) HOME LOAN FEES.—Section 3729(a) is

7 amended—

8 (1) in paragraph (4)(B)—

9 (A) by striking ‘‘2002’’ and inserting

10 ‘‘2008’’; and

11 (B) by striking ‘‘2003’’ and inserting

12 ‘‘2009’’; and

13 (2) in paragraph (5)(C), by striking ‘‘October 1,

14 2002’’ and inserting ‘‘October 1, 2008’’.

15 (c) PROCEDURES APPLICABLE TO LIQUIDATION SALES

16 ON DEFAULTED HOME LOANS GUARANTEED BY THE DE17 PARTMENT OF VETERANS AFFAIRS.—Section 3732(c)(11) is

18 amended by striking ‘‘October 1, 2002’’ and inserting ‘‘Oc19 tober 1, 2008’’.

20 (d) INCOME VERIFICATION AUTHORITY.—Section

21 5317(g) is amended by striking ‘‘September 30, 2002’’ and

22 inserting ‘‘September 30, 2008’’.

23 (e) LIMITATION ON PENSION FOR CERTAIN RECIPI24 ENTS OF MEDICAID-COVERED NURSING HOME CARE.—Sec25 tion 5503(f)(7) is amended by striking ‘‘September 30,

26 2002’’ and inserting ‘‘September 30, 2008’’.
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1 SEC. 9. CODIFICATION OF RECURRING PROVISIONS IN AN2 NUAL DEPARTMENT OF VETERANS AFFAIRS

3 APPROPRIATIONS ACTS.

4 (a) CODIFICATION OF RECURRING PROVISIONS.—(1)

5 Section 313 is amended by adding at the end the following

6 new subsections:

7 ‘‘(c) COMPENSATION AND PENSION.—Funds appro8 priated for Compensation and Pensions are available for

9 the following purposes:

10 ‘‘(1) The payment of compensation benefits to or

11 on behalf of veterans as authorized by section 107 and

12 chapters 11, 13, 51, 53, 55, and 61 of this title.

13 ‘‘(2) Pension benefits to or on behalf of veterans

14 as authorized by chapters 15, 51, 53, 55, and 61 of

15 this title and section 306 of the Veterans’ and Sur16 vivors’ Pension Improvement Act of 1978.

17 ‘‘(3) The payment of benefits as authorized under

18 chapter 18 of this title.

19 ‘‘(4) Burial benefits, emergency and other offi20 cers’ retirement pay, adjusted-service credits and cer21 tificates, payments of premiums due on commercial

22 life insurance policies guaranteed under the provi23 sions of article IV of the Soldiers’ and Sailors’ Civil

24 Relief Act of 1940 (50 U.S.C. App. 540 et seq.), and

25 other benefits as authorized by sections 107, 1312,

26 1977, and 2106 and chapters 23, 51, 53, 55, and 61
28

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1 of this title and the World War Adjusted Compensa2 tion Act (43 Stat. 122, 123), the Act of May 24, 1928

3 (Public Law No. 506 of the 70th Congress; 45 Stat.

4 735), and Public Law 87–875 (76 Stat. 1198).

5 ‘‘(d) MEDICAL CARE.—Funds appropriated for Med6 ical Care are available for the following purposes:

7 ‘‘(1) The maintenance and operation of hos8 pitals, nursing homes, and domiciliary facilities.

9 ‘‘(2) Furnishing, as authorized by law, inpatient

10 and outpatient care and treatment to beneficiaries of

11 the Department, including care and treatment in fa12 cilities not under the jurisdiction of the Department.

13 ‘‘(3) Furnishing recreational facilities, supplies,

14 and equipment.

15 ‘‘(4) Funeral and burial expenses and other ex16 penses incidental to funeral and burial expenses for

17 beneficiaries receiving care from the Department.

18 ‘‘(5) Administrative expenses in support of plan19 ning, design, project management, real property ac20 quisition and disposition, construction, and renova21 tion of any facility under the jurisdiction or for the

22 use of the Department.

23 ‘‘(6) Oversight, engineering, and architectural

24 activities not charged to project cost.
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1 ‘‘(7) Repairing, altering, improving, or pro2 viding facilities in the medical facilities and homes

3 under the jurisdiction of the Department, not other4 wise provided for, either by contact or by the hire of

5 temporary employees and purchase of materials.

6 ‘‘(8) Uniforms or uniform allowances, as author7 ized by sections 5901 and 5902 of title 5.

8 ‘‘(9) Aid to State homes, as authorized by section

9 1741 of this title.

10 ‘‘(10) Administrative and legal expenses of the

11 Department for collecting and recovering amounts

12 owed the Department as authorized under chapter 17

13 of this title and Public Law 87–693, popularly known

14 as the Federal Medical Care Recovery Act (42 U.S.C.

15 2651 et seq.).

16 ‘‘(e) MEDICAL ADMINISTRATION AND MISCELLANEOUS

17 OPERATING EXPENSES.—Funds appropriated for Medical

18 Administration and Miscellaneous Operating Expenses are

19 available for the following purposes:

20 ‘‘(1) The administration of medical, hospital,

21 nursing home, domiciliary, construction, supply, and

22 research activities authorized by law.

23 ‘‘(2) Administrative expenses in support of plan24 ning, design, project management, architectural work,

25 engineering, real property acquisition and disposi-
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1 tion, construction, and renovation of any facility

2 under the jurisdiction or for the use of the Depart3 ment, including site acquisition.

4 ‘‘(3) Engineering and architectural activities not

5 charged to project costs.

6 ‘‘(4) Research and development in building con7 struction technology.

8 ‘‘(f) GENERAL OPERATING EXPENSES.—Funds appro9 priated for General Operating Expenses are available for

10 the following purposes:

11 ‘‘(1) Uniforms or allowances therefor.

12 ‘‘(2) Hire of passenger motor vehicles.

13 ‘‘(3) Reimbursement of the General Services Ad14 ministration for security guard services.

15 ‘‘(4) Reimbursement of the Department of De16 fense for the cost of overseas employee mail.

17 ‘‘(5) Administration of the Service Members Oc18 cupational Conversion and Training Act of 1992 (10

19 U.S.C. 1143 note).

20 ‘‘(g) CONSTRUCTION.—Funds appropriated for Con21 struction, Major Projects, and for Construction, Minor

22 Projects, are available, with respect to a project, for the fol23 lowing purposes:

24 ‘‘(1) Planning.

25 ‘‘(2) Architectural and engineering services.
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1 ‘‘(3) Maintenance or guarantee period services

2 costs associated with equipment guarantees provided

3 under the project.

4 ‘‘(4) Services of claims analysts.

5 ‘‘(5) Offsite utility and storm drainage system

6 construction costs.

7 ‘‘(6) Site acquisition.

8 ‘‘(h) CONSTRUCTION, MINOR PROJECTS.—In addition

9 to the purposes specified in subsection (g), funds appro10 priated for Construction, Minor Projects, are available

11 for—

12 ‘‘(1) repairs to any of the nonmedical facilities

13 under the jurisdiction or for the use of the Depart14 ment which are necessary because of loss or damage

15 caused by a natural disaster or catastrophe; and

16 ‘‘(2) temporary measures necessary to prevent or

17 to minimize further loss by such causes.’’.

18 (2)(A) Chapter 1 is amended by adding at the end the

19 following new section:

20 ‘‘§ 116. Definition of cost of direct and guaranteed

21 loans

22 ‘‘For the purpose of any provision of law appro23 priating funds to the Department for the cost of direct or

24 guaranteed loans, the cost of any such loan, including the

25 cost of modifying any such loan, shall be as defined in sec-
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1 tion 502 of the Congressional Budget Act of 1974 (2 U.S.C.

2 661a).’’.

3 (B) The table of sections at the beginning of such chap4 ter is amended by adding at the end the following new item:

‘‘116. Definition of cost of direct and guaranteed loans.’’.

5 (b) EFFECTIVE DATE.—Subsections (c) through (h) of

6 section 313 of title 38, United States Code, as added by

7 subsection (a)(1), and section 116 of such title, as added

8 by subsection (a)(2), shall take effect with respect to funds

9 appropriated for fiscal year 2002.

10 SEC. 10. PRESERVATION OF CERTAIN REPORTING REQUIRE11 MENTS.

12 (a) INAPPLICABILITY OF PRIOR REPORTS TERMI13 NATION PROVISION TO CERTAIN REPORTS OF THE DEPART14 MENT OF VETERANS AFFAIRS.—Section 3003(a)(1) of the

15 Federal Reports Elimination and Sunset Act of 1995 (31

16 U.S.C. 1113 note) does not apply to any report required

17 to be submitted under any of the following: sections 503(c),

18 529, 541(c), 542(c), 3036, and 7312(d) of title 38, United

19 States Code.

20 (b) REPEAL OF REPORTING REQUIREMENTS TERMI21 NATED BY PRIOR LAW.—Sections 8111A(f) and 8201(h) are

22 repealed.

23 (c) SUNSET OF CERTAIN REPORTING REQUIRE24 MENTS.—
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1 (1) ANNUAL REPORT ON EQUITABLE RELIEF

2 CASES.—Section 503(c) is amended by adding at the

3 end the following new sentence: ‘‘No report shall be re4 quired under this subsection after December 31,

5 2004.’’.

6 (2) BIENNIAL REPORT OF ADVISORY COMMITTEE

7 ON FORMER PRISONERS OF WAR.—Section 541(c)(1)

8 is amended by inserting ‘‘through 2003’’ after ‘‘each

9 odd-numbered year’’.

10 (3) BIENNIAL REPORT OF ADVISORY COMMITTEE

11 ON WOMEN VETERANS.—Section 542(c)(1) is amended

12 by inserting ‘‘through 2004’’ after ‘‘each even-num13 bered year’’.

14 (4) BIENNIAL REPORTS ON MONTGOMERY GI

15 BILL.—Subsection (d) of section 3036 is amended to

16 read as follows:

17 ‘‘(d) No report shall be required under this section

18 after January 1, 2005.’’.

19 (5) ANNUAL REPORT OF SPECIAL MEDICAL ADVI20 SORY GROUP.—Section 7312(d) is amended by adding

21 at the end the following new sentence: ‘‘No report

22 shall be required under this subsection after December

23 31, 2004.’’.

24 (d) COST INFORMATION TO BE PROVIDED WITH EACH

25 REPORT REQUIRED BY CONGRESS.—
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1 (1) IN GENERAL.—(A) Chapter 1, as amended by

2 section 9(2)(A), is further amended by adding at the

3 end the following new section:

4 ‘‘§ 117. Reports to Congress: cost information

5 ‘‘Whenever the Secretary submits to Congress, or any

6 committee of Congress, a report that is required by law or

7 by a joint explanatory statement of a committee of con8 ference of the Congress, the Secretary shall include with the

9 report—

10 ‘‘(1) a statement of the cost of preparing the re11 port; and

12 ‘‘(2) a brief explanation of the methodology used

13 in preparing that cost statement.’’.

14 (B) The table of sections at the beginning of such

15 chapter, as amended by section 9(2)(B), is further

16 amended by adding at the end the following new item:

‘‘117. Reports to Congress: cost information.’’.

17 (2) EFFECTIVE DATE.—Section 117 of title 38,

18 United States Code, as added by paragraph (1) of

19 this subsection, shall apply with respect to any report

20 submitted by the Secretary of Veterans Affairs after

21 the end of the 90–day period beginning on the date

22 of the enactment of this Act.
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Amend the title so as to read ‘‘An Act to amend title

38, United States Code, to increase amounts of educational assistance for veterans under the Montgomery

GI Bill and to enhance programs providing educational

benefits under that title, and for other purposes.’’.

Attest:

Clerk.