IB 

Union Calendar No. 334 

108TH CONGRESS 

2D SESSION H. R. 1716 

[Report No. 108–572, Part I] 

To amend title 38, United States Code, to improve educational assistance 

programs of the Department of Veterans Affairs for apprenticeship or 

other on-job training, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2003 

Mr. SMITH of New Jersey (for himself, Mr. EVANS, Mr. BROWN of South 

Carolina, and Mr. MICHAUD) introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the 

Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

JUNE 25, 2004 

Additional sponsors: Mrs. JO ANN DAVIS of Virginia, Mr. LOBIONDO, Mr. 

GILLMOR, Mr. FOLEY, Mr. FILNER, Ms. MILLENDER-MCDONALD, Mr. 

RENZI, Mr. BILIRAKIS, Mrs. DAVIS of California, Mr. BRADLEY of New 

Hampshire, Ms. HARRIS, Mr. UDALL of New Mexico, Ms. BORDALLO, 

Mr. HOLDEN, Mr. ABERCROMBIE, Mr. STRICKLAND, Mr. GUTIERREZ, 

Mr. RODRIGUEZ, Ms. HOOLEY of Oregon, Ms. HERSETH, Mr. BAKER, 

Mr. CHANDLER, Ms. CORRINE BROWN of Florida, and Mr. SANDLIN

JUNE 25, 2004 

Reported from the Committee on Veterans’ Affairs with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JUNE 25, 2004 

Referral to the Committee on Armed Services extended for a period ending 

not later than June 25, 2004 

JUNE 25, 2004 

Committee on Armed Services discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 
2 

•HR 1716 RH 

[For text of introduced bill, see copy of bill as introduced on April 10, 2003] 

A BILL 

To amend title 38, United States Code, to improve educational assistance programs of the Department of Veterans Affairs for apprenticeship or other on-job training, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF4 ERENCES TO TITLE 38, UNITED STATES CODE. 

5 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet6 erans Earn and Learn Act of 2004’’. 

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

8 Act is as follows: 

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

Sec. 2. Reference to title 38, United States Code. 

TITLE I—EDUCATION MATTERS 

Sec. 101. Findings. 

Sec. 102. Modification of benefit entitlement charges for certain on-job training 

programs. 

Sec. 103. Incentive payment for early completion of apprenticeship training. 

Sec. 104. Increase in benefit for individuals pursuing apprenticeship or on-job 

training. 

Sec. 105. Authority for competency-based apprenticeship programs. 

Sec. 106. Pilot program to provide on-job benefits to train Department of Veterans Affairs’ claims adjudicators. 

Sec. 107. Requirement for coordination of data among the Departments of Veterans Affairs, Defense, and Labor with respect to on-job training. 

Sec. 108. Technical and conforming amendments. 

TITLE II—BENEFITS AND EMPLOYMENT MATTERS 

Sec. 201. Codification of administrative actions relating to presumptions of service connection for veterans exposed to ionizing radiation. 
3 

•HR 1716 RH 

Sec. 202. Offset of veterans’ disability compensation and dependency and indemnity compensation from awards under radiation exposure compensation program. 

Sec. 203. Exclusion of life insurance proceeds from consideration as income for 

veterans’ pension purposes. 

Sec. 204. Effective date of death pension. 

Sec. 205. Certain service-connected disability benefits authorized for persons disabled by treatment or vocational rehabilitation provided by the 

Department of Veterans Affairs. 

Sec. 206. Report of employment placement, retention, and advancement of recently separated servicemembers. 

TITLE III—HOUSING MATTERS 

Sec. 301. Increase in, and annual indexing of, maximum amount of home loan 

guaranty for construction and purchase of homes. 

Sec. 302. Authority to provide specially adapted housing to certain disabled veterans. 

Sec. 303. Transitional housing amendments. 

TITLE IV—MEMORIAL AFFAIRS MATTERS 

Sec. 401. Eligibility of certain persons for burial in Arlington National Cemetery. 

Sec. 402. Designation of Prisoner of War/Missing in Action National Memorial, 

Riverside National Cemetery, Riverside, California. 

TITLE V—MISCELLANEOUS MATTERS 

Sec. 501. Technical amendments relating to the United States Court of Appeals 

for Veterans Claims. 

Sec. 502. Cross-reference amendments relating to concurrent payment of retired 

pay and veterans’ disability compensation. 

1 SEC. 2. REFERENCE TO TITLE 38, UNITED STATES CODE. 

2 Except as otherwise expressly provided, whenever in 

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

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to a section or 

6 other provision of title 38, United States Code. 

7 TITLE I—EDUCATION MATTERS 

8 SEC. 101. FINDINGS. 

9 Congress makes the following findings: 

10 (1) Educational assistance programs for veterans 

11 for apprenticeship and on-job training of the Depart-
4 

•HR 1716 RH 

1 ment of Veterans Affairs assist employers to hire and 

2 retain skilled workers. 

3 (2) These programs establish a link between 

4 training afforded to servicemembers while serving in 

5 the Armed Forces and training available in civilian 

6 settings for purposes of occupational licensing and 

7 credentialing. 

8 (3) These programs develop a more highly edu9 cated and productive work force. 

10 SEC. 102. MODIFICATION OF BENEFIT ENTITLEMENT 

11 CHARGES FOR CERTAIN ON-JOB TRAINING 

12 PROGRAMS. 

13 (a) IN GENERAL.—Section 3687 is amended by adding 

14 at the end the following new subsection: 

15 ‘‘(e)(1) For each month that an individual (as defined 

16 in paragraph (3)) is paid a training assistance allowance 

17 under subsection (a), the entitlement of the individual shall 

18 be charged at a percentage rate (rounded to the nearest per19 cent) that is equal to the ratio of— 

20 ‘‘(A) such training assistance allowance for the 

21 period of months involved, to 

22 ‘‘(B) the applicable monthly educational assist23 ance allowance payable to the individual for such pe24 riod of months. 
5 

•HR 1716 RH 

1 ‘‘(2) For any month in which an individual fails to 

2 complete 120 hours of training, the entitlement otherwise 

3 chargeable under paragraph (1) shall be reduced in the 

4 same proportion as the monthly training assistance allow5 ance payable is reduced under subsection (b)(3). 

6 ‘‘(3) In this section, the term ‘individual’ means— 

7 ‘‘(A) an eligible veteran for purposes of chapter 

8 34 of this title who is entitled, under chapter 30 or 

9 34 of this title, as the case may be, to monthly edu10 cational assistance allowances payable under section 

11 3015(e) of this title, or 

12 ‘‘(B) an eligible person for purposes of chapter 

13 35 of this title, who is entitled, under section 3510 of 

14 this title, to monthly educational assistance allow15 ances payable under section 3532(a) of this title 

16 as the case may be.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by sub18 section (a) shall apply with respect to months beginning 

19 on or after the date that is 1 year after the date of the enact20 ment of this Act. 

21 SEC. 103. INCENTIVE PAYMENT FOR EARLY COMPLETION 

22 OF APPRENTICESHIP TRAINING. 

23 (a) MONTGOMERY GI BILL.—(1) Section 3032(c) is 

24 amended by adding at the end the following new paragraph: 
6 

•HR 1716 RH 

1 ‘‘(4)(A) In the case of an individual who successfully 

2 completes a full-time program of apprenticeship before enti3 tlement to monthly educational assistance allowance pay4 able under this subsection for that program is exhausted, 

5 the Secretary shall pay to the individual a lump-sum 

6 amount equal to the difference between— 

7 ‘‘(i) the total amount of educational assistance 

8 allowances that could have been paid to the indi9 vidual under this subsection for the successful comple10 tion of that program, and 

11 ‘‘(ii) the amount of educational assistance allow12 ance paid to the individual for the program under 

13 this subsection. 

14 ‘‘(B) In the case of a lump sum payment paid to an 

15 individual under subparagraph (A), the individual’s enti16 tlement under this chapter (and chapter 34 of this title, if 

17 applicable) shall be charged at the applicable rate under 

18 paragraph (3).’’. 

19 (2) Paragraph (1) of such section is amended by strik20 ing ‘‘Except as provided in paragraph (2)’’ and inserting 

21 ‘‘Subject to the succeeding provisions’’. 

22 (b) POST-VIETNAM ERA VETERANS’ EDUCATIONAL AS23 SISTANCE.—(1) Section 3233 is amended by adding at the 

24 end the following new subsection: 
7 

•HR 1716 RH 

1 ‘‘(e)(1) In the case of an individual who successfully 

2 completes a full-time program of apprenticeship before enti3 tlement to monthly benefit payment payable under this sec4 tion for that program is exhausted, the Secretary shall pay 

5 to the individual a lump-sum amount equal to the dif6 ference between— 

7 ‘‘(A) the total amount of monthly benefit pay8 ments that could have been paid to the individual 

9 under this section for the successful completion of that 

10 program, and 

11 ‘‘(B) the amount of monthly benefit payments 

12 paid to the individual for the program under this sec13 tion. 

14 ‘‘(2) In the case of a lump sum payment paid to an 

15 individual under paragraph (1), the individual’s entitle16 ment under this chapter shall be charged at the applicable 

17 rate under subsections (c) and (d).’’. 

18 (2) Subsection (a) of such section is amended by strik19 ing ‘‘Except as provided in subsection (b)’’ and inserting 

20 ‘‘Subject to the succeeding provisions’’. 

21 (c) VETERANS’ EDUCATIONAL ASSISTANCE AND SUR22 VIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE.— 

23 Section 3687, as amended by section 102, is further amend24 ed by adding at the end the following new subsection: 
8 

•HR 1716 RH 

1 ‘‘(f)(1) In the case of an individual (as defined in sub2 section (e)(3)) who successfully completes a full-time pro3 gram of apprenticeship before entitlement to monthly edu4 cational assistance allowance payable for that program is 

5 exhausted, the Secretary shall pay to the individual a lump6 sum amount equal to the difference between— 

7 ‘‘(A) the total amount of educational assistance 

8 allowances that could have been paid to the indi9 vidual under subsection (a) for the successful comple10 tion of that program, and 

11 ‘‘(B) the amount of educational assistance allow12 ance paid to the individual for the program under 

13 subsection (a). 

14 ‘‘(2) In the case of a lump sum payment paid to an 

15 individual under paragraph (1), the entitlement of the indi16 vidual under chapter 30, 34, or 35 of this title, as the case 

17 may be, shall be charged at the applicable rate under sub18 section (e).’’. 

19 (d) SELECTED RESERVE MONTGOMERY GI BILL.—(1) 

20 Section 16131(d) of title 10, United States Code, is amend21 ed by adding at the end the following new paragraph: 

22 ‘‘(4)(A) In the case of an individual who successfully 

23 completes a full-time program of apprenticeship before enti24 tlement to monthly educational assistance allowance pay25 able under this subsection for that program is exhausted, 
9 

•HR 1716 RH 

1 the Secretary shall pay to the individual a lump-sum 

2 amount equal to the difference between— 

3 ‘‘(i) the total amount of educational assistance 

4 allowances that could have been paid to the indi5 vidual under this subsection for the successful comple6 tion of that program, and 

7 ‘‘(ii) the amount of educational assistance allow8 ance paid to the individual for the program under 

9 this subsection. 

10 ‘‘(B) In the case of a lump sum payment paid to an 

11 individual under subparagraph (A), the individual’s enti12 tlement under this chapter shall be charged at the applicable 

13 rate under paragraph (3).’’. 

14 (2) Paragraph (1) of such section is amended by strik15 ing ‘‘Except as provided in paragraph (2)’’ and inserting 

16 ‘‘Subject to the succeeding provisions of this subsection’’. 

17 (e) EFFECTIVE DATE.—The amendments made by this 

18 section shall apply to programs of training beginning on 

19 or after the date of the enactment of this Act and ending 

20 before October 1, 2010. 

21 SEC. 104. INCREASE IN BENEFIT FOR INDIVIDUALS PUR22 SUING APPRENTICESHIP OR ON-JOB TRAIN23 ING. 

24 (a) MONTGOMERY GI BILL.—Subsection (c)(1) of sec25 tion 3032 is amended— 
10 

•HR 1716 RH 

1 (1) by striking ‘‘75 percent’’ and inserting ‘‘85 

2 percent’’ in subparagraph (A); 

3 (2) by striking ‘‘55 percent’’ and inserting ‘‘65 

4 percent’’ in subparagraph (B); and 

5 (3) by striking ‘‘35 percent’’ and inserting ‘‘45 

6 percent’’ in subparagraph (C). 

7 (b) POST-VIETNAM ERA VETERANS’ EDUCATIONAL AS8 SISTANCE.—Subsection (a) of section 3233 is amended— 

9 (1) by striking ‘‘75 percent’’ and inserting ‘‘85 

10 percent’’ in paragraph (1); 

11 (2) by striking ‘‘55 percent’’ and inserting ‘‘65 

12 percent’’ in paragraph (2); and 

13 (3) by striking ‘‘35 percent’’ and inserting ‘‘45 

14 percent’’ in paragraph (3). 

15 (c) SURVIVORS AND DEPENDENTS EDUCATIONAL AS16 SISTANCE.—Subsection (b)(2) of section 3687 is amended 

17 by striking ‘‘$574 for the first six months, $429 for the sec18 ond six months, $285 for the third six months,’’ and insert19 ing ‘‘$650 for the first six months, $507 for the second six 

20 months, $366 for the third six months,’’. 

21 (d) SELECTED RESERVE MONTGOMERY GI BILL.— 

22 Subsection (d)(1) of section 16131 of title 10, United States 

23 Code, is amended— 

24 (1) by striking ‘‘75 percent’’ and inserting ‘‘85 

25 percent’’ in subparagraph (A); 
11 

•HR 1716 RH 

1 (2) by striking ‘‘55 percent’’ and inserting ‘‘65 

2 percent’’ in subparagraph (B); and 

3 (3) by striking ‘‘35 percent’’ and inserting ‘‘45 

4 percent’’ in subparagraph (C). 

5 (e) EFFECTIVE DATE.—The amendments made by this 

6 section shall apply with respect to months beginning on or 

7 after October 1, 2005, and before October 1, 2010. 

8 SEC. 105. AUTHORITY FOR COMPETENCY-BASED APPREN9 TICESHIP PROGRAMS. 

10 (a) IN GENERAL.—Section 3672(c) is amended— 

11 (1) by striking ‘‘(1)’’ and ‘‘(2)’’ and inserting 

12 ‘‘(A)’’ and ‘‘(B)’’, respectively; 

13 (2) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

14 (3) by adding at the end the following new para15 graphs: 

16 ‘‘(2) The period of a program of apprenticeship may 

17 be determined based upon a specific period of time (com18 monly referred to as a ‘time-based program’), based upon 

19 the demonstration of successful mastery of skills (commonly 

20 referred to as a ‘competency-based program’), or based upon 

21 a combination thereof. 

22 ‘‘(3)(A) In the case of a competency-based program of 

23 apprenticeship, in determining the period of such a pro24 gram, State approving agencies shall take into consider25 ation the approximate term of the program recommended 
12 

•HR 1716 RH 

1 in registered apprenticeship program standards recognized 

2 by the Secretary of Labor. 

3 ‘‘(B) The sponsor of a competency-based program of 

4 apprenticeship shall provide notice to the State approving 

5 agency involved of any such standards that may apply to 

6 the program and the proposed approximate period of train7 ing under the program. 

8 ‘‘(4) The Secretary of Labor shall notify the Secretary 

9 upon the successful completion of a program of apprentice10 ship by a veteran, eligible veteran, or eligible person, as 

11 the case may be.’’. 

12 (b) INCREASED USE OF APPRENTICESHIPS.—Section 

13 3672(d)(1) is amended by adding at the end the following 

14 new sentence: ‘‘The Secretary of Labor shall provide such 

15 assistance and services to the Secretary, and to State ap16 proving agencies, to increase the use of apprenticeships.’’. 

17 (c) ON-JOB TRAINING.—Section 3677 is amended by 

18 adding at the end the following new subsection: 

19 ‘‘(d)(1) The sponsor of any program of training on the 

20 job shall submit notice to the Secretary upon the successful 

21 completion of the program by the veteran, eligible veteran, 

22 or eligible person, as the case may be. 

23 ‘‘(2) The term ‘training on the job’ includes training 

24 commonly referred to as ‘on-job learning’.’’. 
13 

•HR 1716 RH 

1 (d) FUNDING FOR DEPARTMENT COMPUTER SYSTEM

2 MODIFICATIONS.—From amounts appropriated to the De3 partment of Veterans Affairs for fiscal year 2005 for read4 justment benefits, the Secretary of Veterans Affairs shall use 

5 an amount not to exceed $3,000,000 to modify computer 

6 systems and to develop procedures required to carry out the 

7 amendments made by subsection (a) and sections 102, 103, 

8 and 104. 

9 SEC. 106. PILOT PROGRAM TO PROVIDE ON-JOB BENEFITS 

10 TO TRAIN DEPARTMENT OF VETERANS AF11 FAIRS’ CLAIMS ADJUDICATORS. 

12 Section 3677, as amended by section 105(c), is further 

13 amended by adding at the end the following new subsection: 

14 ‘‘(e)(1) The Secretary shall conduct a pilot program 

15 under which, the Secretary shall operate a program of 

16 training on the job under this section for a period (notwith17 standing subsection (c)(2)) of up to three years in duration 

18 to train employees of the Department to become qualified 

19 adjudicators of claims for compensation, dependency and 

20 indemnity compensation, and pension. 

21 ‘‘(2) Amounts of educational assistance, monthly ben22 efit payments, and training assistance allowance under 

23 chapters 30, 31, 32, 34, and 35 of this title, as the case 

24 may be, shall be payable to such employees during each 

25 month of training under the program. 
14 

•HR 1716 RH 

1 ‘‘(3)(A) Not later than 3 years after the implementa2 tion of the pilot project, the Secretary shall submit to Con3 gress an initial report on the pilot project. The report shall 

4 include an assessment of the usefulness of the program in 

5 recruiting and retaining of personnel of the Department as 

6 well as an assessment of the value of the program as a 

7 training program. 

8 ‘‘(B) Not later than 18 months after the date on which 

9 the initial report under subparagraph (A) is submitted, the 

10 Secretary shall submit to Congress, a final report on the 

11 pilot project. The final report shall include recommenda12 tions of the Secretary with respect to continuation of the 

13 pilot project and with respect to expansion of the types of 

14 claims for which the extended period of on the job training 

15 is available to train such employees. 

16 ‘‘(4) The pilot project shall terminate 5 years after the 

17 date of the implementation of the project.’’. 

18 SEC. 107. REQUIREMENT FOR COORDINATION OF DATA 

19 AMONG THE DEPARTMENTS OF VETERANS 

20 AFFAIRS, DEFENSE, AND LABOR WITH RE21 SPECT TO ON-JOB TRAINING. 

22 Section 3694 is amended— 

23 (1) by striking ‘‘In carrying out’’ and inserting 

24 ‘‘(a) IN GENERAL.—In carrying out’’; and 
15 

•HR 1716 RH 

1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(b) COORDINATION OF INFORMATION AMONG THE DE4 PARTMENTS OF VETERANS AFFAIRS, DEFENSE, AND LABOR

5 WITH RESPECT TO ON-JOB TRAINING.—At the time of a 

6 servicemember’s discharge or release from active duty serv7 ice, the Secretary of Defense shall furnish to the Secretary 

8 such pertinent information concerning each registered ap9 prenticeship pursued by the servicemember during the pe10 riod of active duty service of the servicemember. The Sec11 retary, in conjunction with the Secretary of Labor, shall 

12 encourage and assist States and private organizations to 

13 give credit to servicemembers for the registered apprentice14 ship program so pursued in the case of any related appren15 ticeship program the servicemember may pursue as a civil16 ian.’’. 

17 SEC. 108. TECHNICAL AND CONFORMING AMENDMENTS. 

18 (a) DEFINITION OF TRAINING ESTABLISHMENT.—Sec19 tion 3452(e) is amended by striking ‘‘or any State appren20 ticeship agency, or any State board of vocational education, 

21 or any joint apprenticeship committee, or the Bureau of 

22 Apprenticeship and Training established pursuant to the 

23 Act of August 16, 1937, popularly known as the ‘National 

24 Apprenticeship Act’ (29 U.S.C. 50 et seq.),’’ and inserting 

25 ‘‘any State board of vocational education, any Federal or 
16 

•HR 1716 RH 

1 State apprenticeship registration agency, any joint appren2 ticeship committee established pursuant to the Act of August 

3 16, 1937, popularly known as the ‘National Apprenticeship 

4 Act’ (29 U.S.C. 50 et seq.),’’. 

5 (b) CLARIFICATION OF APPLICABLE APPRENTICESHIP

6 STANDARDS.—(1) Section 3672(c)(1), as amended by sec7 tion 105(a), is amended in subparagraph (A) by inserting 

8 ‘‘apprenticeship’’ before ‘‘standards’’. 

9 (2) Section 3672(d)(1) is amended by striking ‘‘of pro10 grams of training on the job (including programs of ap11 prenticeship)’’ and inserting ‘‘of apprenticeship and on the 

12 job training programs’’. 

13 (c) RECORD-KEEPING REQUIREMENTS FOR QUALI14 FIED PROVIDERS OF ENTREPRENEURSHIP COURSES.—(1) 

15 Section 3675(c) is amended by adding at the end the fol16 lowing new paragraph: 

17 ‘‘(4) Notwithstanding paragraph (3), a qualified pro18 vider of entrepreneurship courses shall maintain such 

19 records as the Secretary determines to be necessary to com20 ply with reporting requirements that apply under section 

21 3684(a)(1) of this title with respect to eligible persons and 

22 veterans enrolled in an entrepreneurship course offered by 

23 the provider.’’. 

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

25 effect as if included in the enactment of section 305(a) of 
17 

•HR 1716 RH 

1 the Veterans Benefits Act of 2003 (Public Law 108–183; 

2 117 Stat. 2660). 

3 TITLE II—BENEFITS AND 

4 EMPLOYMENT MATTERS 

5 SEC. 201. CODIFICATION OF ADMINISTRATIVE ACTIONS RE6 LATING TO PRESUMPTIONS OF SERVICE CON7 NECTION FOR VETERANS EXPOSED TO ION8 IZING RADIATION. 

9 (a) COVERED DISEASES.—Subsection (c)(2) of section 

10 1112 is amended by adding at the end the following new 

11 subparagraphs: 

12 ‘‘(Q) Cancer of the bone. 

13 ‘‘(R) Cancer of the brain. 

14 ‘‘(S) Cancer of the colon. 

15 ‘‘(T) Cancer of the lung. 

16 ‘‘(U) Cancer of the ovary.’’. 

17 (b) COVERED RADIATION-RISK ACTIVITIES.—Sub18 section (c)(3)(B) of such section is amended by adding at 

19 the end the following new clause: 

20 ‘‘(iv) Service in a capacity which, if per21 formed as an employee of the Department of En22 ergy, would qualify the individual for inclusion 

23 as a member of the Special Exposure Cohort 

24 under section 3621(14) of the Energy Employees 
18 

•HR 1716 RH 

1 Occupational Illness Compensation Program Act 

2 of 2000 (42 U.S.C. 7384l(14)).’’. 

3 (c) EFFECTIVE DATE.—The amendments made by this 

4 section shall take effect as of March 26, 2002. 

5 SEC. 202. OFFSET OF VETERANS’ DISABILITY COMPENSA6 TION AND DEPENDENCY AND INDEMNITY 

7 COMPENSATION FROM AWARDS UNDER RADI8 ATION EXPOSURE COMPENSATION PROGRAM. 

9 (a) OFFSET IN LIEU OF FORFEITURE FROM DIS10 ABILITY COMPENSATION.—Subsection (c) of section 1112 is 

11 amended by adding at the end the following new paragraph: 

12 ‘‘(4) A radiation-exposed veteran who receives a pay13 ment under the provisions of the Radiation Exposure Com14 pensation Act of 1990 (42 U.S.C. 2210 note) shall not be 

15 deprived, by reason of the receipt of that payment, of receipt 

16 of compensation to which that veteran is entitled by reason 

17 of paragraph (1), but there shall be deducted from payment 

18 of such compensation the amount of the payment under that 

19 Act.’’. 

20 (b) OFFSET IN LIEU OF FORFEITURE FROM DEPEND21 ENCY AND INDEMNITY COMPENSATION.—Section 1310 is 

22 amended by adding at the end the following new paragraph: 

23 ‘‘(c) A person who receives a payment under the provi24 sions of the Radiation Exposure Compensation Act of 1990 

25 (42 U.S.C. 2210 note) shall not be deprived, by reason of 
19 

•HR 1716 RH 

1 the receipt of that payment, of receipt of dependency and 

2 indemnity compensation to which that person is otherwise 

3 entitled, but there shall be deducted from payment of such 

4 dependency and indemnity compensation the amount of the 

5 payment under that Act.’’. 

6 (c) EFFECTIVE DATE.—Paragraph (4) of section 

7 1112(c) of title 38, United States Code, as added by sub8 section (a), shall take effect with respect to compensation 

9 payments for months beginning after March 26, 2002. Sub10 section (c) of section 1310 of such title, as added by sub11 section (b), shall take effect with respect to dependency and 

12 indemnity compensation payments for months beginning 

13 after March 26, 2002. 

14 SEC. 203. EXCLUSION OF LIFE INSURANCE PROCEEDS 

15 FROM CONSIDERATION AS INCOME FOR VET16 ERANS’ PENSION PURPOSES. 

17 Section 1503(a) is amended— 

18 (1) by striking ‘‘and’’ at the end of paragraph 

19 (9); 

20 (2) by striking the period at the end of the para21 graph (10) and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new para23 graph: 
20 

•HR 1716 RH 

1 ‘‘(11) lump-sum proceeds of any life insurance 

2 policy on a veteran, for purposes of pension under 

3 subchapter III of this chapter.’’. 

4 SEC. 204. EFFECTIVE DATE OF DEATH PENSION. 

5 Section 5110(d) is amended— 

6 (1) by striking ‘‘(1)’’; 

7 (2) by striking ‘‘death compensation or depend8 ency and indemnity compensation’’ and inserting 

9 ‘‘death compensation, dependency and indemnity 

10 compensation, or death pension’’; and 

11 (3) by striking paragraph (2). 

12 SEC. 205. CERTAIN SERVICE-CONNECTED DISABILITY BENE13 FITS AUTHORIZED FOR PERSONS DISABLED 

14 BY TREATMENT OR VOCATIONAL REHABILI15 TATION PROVIDED BY THE DEPARTMENT OF 

16 VETERANS AFFAIRS. 

17 (a) AUTHORIZED BENEFITS.—Section 1151 is amend18 ed by adding at the end the following new subsection: 

19 ‘‘(c) A qualifying additional disability under this sec20 tion shall be treated in the same manner as if it were a 

21 service-connected disability for purposes of the following 

22 provisions of this title: 

23 ‘‘(1) Chapter 21, relating to specially adapted 

24 housing. 
21 

•HR 1716 RH 

1 ‘‘(2) Chapter 31, relating to vocational rehabili2 tation. 

3 ‘‘(3) Chapter 39, relating to automobiles and 

4 adaptive equipment.’’. 

5 (b) EFFECTIVE DATE.—Subsection (c) of section 1151 

6 of title 38, United States Code, as added by subsection (a), 

7 shall apply with respect to eligibility for benefits and serv8 ices provided by the Secretary of Veterans Affairs on or 

9 after the date of the enactment of this Act. 

10 (c) ADMINISTRATION OF OFFSET PROVISION.—Sub11 section (b) of such section is amended— 

12 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

13 (2) by inserting ‘‘(except as otherwise provided 

14 in paragraph (2))’’ after ‘‘service-connected, then’’; 

15 and 

16 (3) by adding at the end the following new para17 graph: 

18 ‘‘(2) In any case in which an amount of a judgment, 

19 settlement, or compromise covered by paragraph (1) is spe20 cifically designated for a benefit other than as compensation 

21 for loss of earning capacity or for pain and suffering, such 

22 amount shall be offset under paragraph (1) only against 

23 the comparable benefit provided under this title (if any). 

24 Any amounts attributable to pain and suffering, loss of 

25 earnings capacity, or loss of consortium or society shall be 
22 

•HR 1716 RH 

1 offset against benefits otherwise payable under this chapter, 

2 and any amounts attributable to wrongful death shall be 

3 offset against benefits otherwise payable under chapter 13 

4 of this title.’’. 

5 (d) EFFECTIVE DATE.—The amendment made by sub6 section (c) shall apply with respect to any judgment, settle7 ment, or compromise covered by section 1151(b) of title 38, 

8 United States Code, that becomes final on or after the date 

9 of the enactment of this Act. 

10 SEC. 206. REPORT OF EMPLOYMENT PLACEMENT, RETEN11 TION, AND ADVANCEMENT OF RECENTLY SEP12 ARATED SERVICEMEMBERS. 

13 (a) CONTRACT FOR REPORT.—The Secretary of Vet14 erans Affairs shall enter into a contract with a qualified 

15 entity to conduct a study of and prepare a report on the 

16 employment histories of recently separated servicemembers. 

17 (b) CONTENT OF REPORT.—(1) The study conducted 

18 pursuant to subsection (a) shall consist of an analysis of 

19 employment-related data that has been collected with re20 spect to recently separated servicemembers. 

21 (2) In conducting the study, the qualified entity 

22 shall— 

23 (A) determine whether the employment obtained 

24 by recently separated servicemembers is commensu-
23 

•HR 1716 RH 

1 rate with training and education of those 

2 servicemembers; 

3 (B) determine whether recently separated 

4 servicemembers received educational assistance or 

5 training and rehabilitation under programs adminis6 tered by the Secretary of Veterans Affairs under chap7 ter 30 or 31 of title 38, United States Code, or under 

8 chapter 1606 of title 10, United States Code; 

9 (C) determine whether transition assistance serv10 ices provided to recently separated servicemembers as11 sisted those servicemembers in obtaining civilian em12 ployment; 

13 (D) analyze trends in hiring of veterans by the 

14 private sector; and 

15 (E) identify recently separated servicemembers 

16 who have reached senior level management positions. 

17 (c) USE OF DATA.—In conducting the study under 

18 subsection (a), the qualified entity shall review data com19 piled and reported by Bureau of Labor Statistics and shall 

20 collect additional data on the employment histories of re21 cently separated servicemembers available from such other 

22 sources as the qualified entity determines to be appropriate. 

23 (d) CONTRACT REQUIREMENTS.—(1) The contract en24 tered into under subsection (a) shall contain such terms and 

25 conditions as the Secretary may require. The contract shall 
24 

•HR 1716 RH 

1 require that the report on the study be submitted to the Sec2 retary not later than 2 years after the date on which the 

3 contract was entered into. 

4 (2) The report required under subsection (a) shall con5 tain the findings and conclusions of the qualified entity on 

6 the study and specific recommendations to improve employ7 ment opportunities for veterans recently separated from 

8 service in the Armed Forces, including if appropriate rec9 ommendations for— 

10 (A) the establishment of networks of contacts for 

11 employment of such veterans in the private sector; 

12 (B) outreach to private sector leaders on the mer13 its and sound business practice of hiring such vet14 erans; and 

15 (C) additional methods to facilitate communica16 tion between private sector employers and such vet17 erans who are seeking employment. 

18 (e) FUNDING.—Payment by the Secretary for the con19 tract entered into under subsection (a)— 

20 (1) shall be made from the Department of Vet21 erans Affairs appropriations account from which 

22 payments for readjustment benefits are made; and 

23 (2) may not exceed $490,000. 

24 (f) DEFINITIONS.—In this section: 
25 

•HR 1716 RH 

1 (1) The term ‘‘qualified entity’’ means an entity 

2 or organization that meets the following requirements: 

3 (A) Demonstrated experience in conducting 

4 employment surveys of recently separated 

5 servicemembers, including Internet-based sur6 veys, that meet such quality assurance require7 ments as the Secretary determines appropriate. 

8 (B) Demonstrated familiarity with veteran 

9 employment matters. 

10 (C) Demonstrated ability in developing 

11 plans to market veterans as employment assets. 

12 (D) Demonstrated ability to acquire services 

13 at no cost from other organizations, such as tech14 nology, staff services, and advertising services. 

15 (E) Demonstrated ability to develop rela16 tionships, establish employment networks, and 

17 facilitate interaction between private and public 

18 sector leaders and veterans. 

19 (2) The term ‘‘employment history’’ means, with 

20 respect to a recently separated servicemember, train21 ing, placement, retention, and advancement in em22 ployment of that servicemember. 

23 (3) The term ‘‘recently separated servicemember’’ 

24 means any veteran (as defined in section 101(2) of 

25 title 38, United States Code) discharged or released 
26 

•HR 1716 RH 

1 from active duty in the Armed Forces of the United 

2 States during the 16-year period beginning on Janu3 ary 1, 1990. 

4 TITLE III—HOUSING MATTERS 

5 SEC. 301. INCREASE IN, AND ANNUAL INDEXING OF, MAX6 IMUM AMOUNT OF HOME LOAN GUARANTY 

7 FOR CONSTRUCTION AND PURCHASE OF 

8 HOMES. 

9 (a) MAXIMUM LOAN GUARANTY BASED ON 100 PER10 CENT OF THE FREDDIE MAC CONFORMING LOAN RATE.— 

11 Section 3703(a)(1) is amended by striking ‘‘$60,000’’ each 

12 place it appears in subparagraphs (A)(i)(IV) and (B) and 

13 inserting ‘‘the maximum guaranty amount (as defined in 

14 subparagraph (C))’’. 

15 (b) DEFINITION.—Such section is further amended by 

16 adding at the end the following new subparagraph: 

17 ‘‘(C) In this paragraph, the term ‘maximum guaranty 

18 amount’ means the dollar amount that is equal to 25 per19 cent of the Freddie Mac conforming loan limit limitation 

20 determined under section 305(a)(2) of the Federal Home 

21 Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for 

22 a single-family residence, as adjusted for the year in23 volved.’’. 
27 

•HR 1716 RH 

1 SEC. 302. AUTHORITY TO PROVIDE SPECIALLY ADAPTED 

2 HOUSING TO CERTAIN DISABLED VETERANS. 

3 The text of section 2101 is amended to read as follows: 

4 ‘‘(a) ACQUISITION OF HOUSING WITH SPECIAL FEA5 TURES.—(1) Subject to paragraph (3), the Secretary may 

6 assist a disabled veteran described in paragraph (2) in ac7 quiring a suitable housing unit with special fixtures or 

8 movable facilities made necessary by the nature of the vet9 eran’s disability, and necessary land therefor. 

10 ‘‘(2) A veteran is described in this paragraph if the 

11 veteran is entitled to compensation under chapter 11 of this 

12 title for a permanent and total service-connected disability 

13 that meets any of the following criteria: 

14 ‘‘(A) The disability is due to the loss, or loss of 

15 use, of both lower extremities such as to preclude loco16 motion without the aid of braces, crutches, canes, or 

17 a wheelchair. 

18 ‘‘(B) The disability is due to— 

19 ‘‘(i) blindness in both eyes, having only 

20 light perception, plus 

21 ‘‘(ii) loss or loss of use of one lower extrem22 ity. 

23 ‘‘(C) The disability is due to the loss or loss of 

24 use of one lower extremity together with— 

25 ‘‘(i) residuals of organic disease or injury; 

26 or 
28 

•HR 1716 RH 

1 ‘‘(ii) the loss or loss of use of one upper ex2 tremity, 

3 which so affect the functions of balance or propulsion 

4 as to preclude locomotion without the aid of braces, 

5 crutches, canes, or a wheelchair. 

6 ‘‘(D) The disability is due to the loss, or loss of 

7 use, of both upper extremities such as to preclude use 

8 of the arms at or above the elbows. 

9 ‘‘(3) The regulations prescribed under subsection (c) 

10 shall require that assistance under paragraph (1) may be 

11 provided to a veteran only if the Secretary finds that— 

12 ‘‘(A) it is medically feasible for the veteran to re13 side in the proposed housing unit and in the proposed 

14 locality; 

15 ‘‘(B) the proposed housing unit bears a proper 

16 relation to the veteran’s present and anticipated in17 come and expenses; and 

18 ‘‘(C) the nature and condition of the proposed 

19 housing unit are such as to be suitable to the veteran’s 

20 needs for dwelling purposes. 

21 ‘‘(b) ADAPTATIONS TO RESIDENCE OF VETERAN.—(1) 

22 Subject to paragraph (3), the Secretary shall assist any dis23 abled veteran described in paragraph (2) (other than a vet24 eran who is eligible for assistance under subsection (a))— 
29 

•HR 1716 RH 

1 ‘‘(A) in acquiring such adaptations to such vet2 eran’s residence as are determined by the Secretary to 

3 be reasonably necessary because of such disability; or 

4 ‘‘(B) in acquiring a residence already adapted 

5 with special features determined by the Secretary to 

6 be reasonably necessary for the veteran because of 

7 such disability. 

8 ‘‘(2) A veteran is described in this paragraph if the 

9 veteran is entitled to compensation under chapter 11 of this 

10 title for a permanent and total service-connected disability 

11 that meets either of the following criteria: 

12 ‘‘(A) The disability is due to blindness in both 

13 eyes with 5/200 visual acuity or less. 

14 ‘‘(B) The disability includes the anatomical loss 

15 or loss of use of both hands. 

16 ‘‘(3) Assistance under paragraph (1) may be provided 

17 only to a veteran who the Secretary determines— 

18 ‘‘(A) is residing in and reasonably intends to 

19 continue residing in a residence owned by such vet20 eran or by a member of such veteran’s family; or 

21 ‘‘(B) if the veteran’s residence is to be con22 structed or purchased, will be residing in and reason23 ably intends to continue residing in a residence 

24 owned by such veteran or by a member of such vet25 eran’s family. 
30 

•HR 1716 RH 

1 ‘‘(c) REGULATIONS.—Assistance under this section 

2 shall be provided in accordance with such regulations as 

3 the Secretary may prescribe.’’. 

4 SEC. 303. TRANSITIONAL HOUSING AMENDMENTS. 

5 (a) USE OF VETERAN VOLUNTEERS.—Section 2051 is 

6 amended by adding at the end the following new subsection: 

7 ‘‘(g) Notwithstanding any other provision of law, a 

8 multifamily transitional housing project that is funded by 

9 a loan guaranteed under this subchapter may accept un10 compensated voluntary services performed by any eligible 

11 entity (as that term is defined in section 2011(d) of this 

12 title) in connection with the construction, alteration, or re13 pair of such project.’’. 

14 (b) AUTHORIZATION FOR COMMERCIALLY-LEASED

15 SPACE.—Section 2052(c)(1) is amended by striking ‘‘serv16 ices’’ and inserting ‘‘services, other commercial activities,’’. 

17 TITLE IV—MEMORIAL AFFAIRS 

18 MATTERS 

19 SEC. 401. ELIGIBILITY OF CERTAIN PERSONS FOR BURIAL 

20 IN ARLINGTON NATIONAL CEMETERY. 

21 (a) IN GENERAL.—(1) Chapter 24 is amended by add22 ing at the end the following new section: 
31 

•HR 1716 RH 

1 ‘‘§ 2412. Arlington National Cemetery: eligibility of 

2 certain persons for burial 

3 ‘‘(a)(1) The remains of a member or former member 

4 of a reserve component of the Armed Forces who at the time 

5 of death was under 60 years of age and who, but for age, 

6 would have been eligible at the time of death for retired 

7 pay under chapter 1223 of title 10 may be buried in Arling8 ton National Cemetery on the same basis as the remains 

9 of members of the Armed Forces entitled to retired pay 

10 under that chapter. 

11 ‘‘(2) The remains of the dependents of a member whose 

12 remains are permitted under paragraph (1) to be buried 

13 in Arlington National Cemetery may be buried in that cem14 etery on the same basis as dependents of members of the 

15 Armed Forces entitled to retired pay under such chapter 

16 1223. 

17 ‘‘(b)(1) The remains of a member of a reserve compo18 nent of the Armed Forces who dies in the line of duty while 

19 performing active duty for training or inactive duty train20 ing may be buried in Arlington National Cemetery on the 

21 same basis as the remains of a member of the Armed Forces 

22 who dies while on active duty. 

23 ‘‘(2) The remains of the dependents of a member whose 

24 remains are permitted under paragraph (1) to be buried 

25 in Arlington National Cemetery may be buried in that cem-
32 

•HR 1716 RH 

1 etery on the same basis as dependents of members on active 

2 duty.’’. 

3 (2) The table of sections at the beginning of chapter 

4 24 is amended by adding at the end the following new item: 

‘‘2412. Arlington National Cemetery: eligibility of certain persons for burial.’’. 

5 (b) EFFECTIVE DATE.—Section 2412 of title 38, 

6 United States Code, as added by subsection (a), shall apply 

7 with respect to interments occurring on or after the date 

8 of the enactment of this Act. 

9 SEC. 402. DESIGNATION OF PRISONER OF WAR/MISSING IN 

10 ACTION NATIONAL MEMORIAL, RIVERSIDE 

11 NATIONAL CEMETERY, RIVERSIDE, CALI12 FORNIA. 

13 (a) DESIGNATION.—The memorial to former prisoners 

14 of war and members of the Armed Forces listed as missing 

15 in action that is under construction at Riverside National 

16 Cemetery in Riverside, California, is hereby designated as 

17 a Prisoner of War/Missing in Action National Memorial. 

18 (b) EFFECT OF DESIGNATION.—The national memo19 rial designated by subsection (a) is not a unit of the Na20 tional Park System, and the designation of the national me21 morial shall not be construed to require Federal funds to 

22 be expended for any purpose related to the national memo23 rial. 
33 

•HR 1716 RH 

1 TITLE V—MISCELLANEOUS 

2 MATTERS 

3 SEC. 501. TECHNICAL AMENDMENTS RELATING TO THE 

4 UNITED STATES COURT OF APPEALS FOR 

5 VETERANS CLAIMS. 

6 (a) RESTORATION OF PRIOR PROVISION RELATING TO

7 CHIEF JUDGE.—Section 7253(d)(1) is amended by insert8 ing after ‘‘(1)’’ the following: ‘‘The chief judge of the Court 

9 is the head of the Court.’’. 

10 (b) CAPITALIZATION AMENDMENTS.—Section 

11 7253(d)(4)(A) is amended by striking ‘‘court’’ in clauses (i) 

12 and (ii) and inserting ‘‘Court’’. 

13 (c) DATE OF ENACTMENT REFERENCE.—Section 

14 7253(h)(4) is amended by striking ‘‘the date of the enact15 ment of this subsection’’ and inserting ‘‘December 27, 

16 2001,’’. 

17 SEC. 502. CROSS-REFERENCE AMENDMENTS RELATING TO 

18 CONCURRENT PAYMENT OF RETIRED PAY 

19 AND VETERANS’ DISABILITY COMPENSATION. 

20 (a) PROHIBITION AGAINST DUPLICATION OF BENE21 FITS.—Section 5304(a)(1) is amended by inserting ‘‘as pro22 vided in section 1414 of title 10 or’’ after ‘‘Except’’. 

23 (b) WAIVER OF RETIRED PAY.—Section 5305 is 

24 amended by striking ‘‘Any’’ in the first sentence and insert25 ing ‘‘Except as provided in section 1414 of title 10, any’’. 
Union Calendar No. 334 

108TH CONGRESS 

2D SESSION H. R. 1716 

[Report No. 108–572, Part I] 

A BILL 

To amend title 38, United States Code, to improve 

other on-job training, and for other purposes. ment of Veterans Affairs for apprenticeship or educational assistance programs of the DepartJUNE 25, 2004 

Reported from the Committee on Veterans’ Affairs with 

J

an amendment 

UNE 25, 2004 

Referral to the Committee on Armed Services extended 

for a period ending not later than June 25, 2004. 

JUNE 25, 2004 

Committee on Armed Services discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the