IB 

Union Calendar No. 117

108TH CONGRESS 

1ST SESSION H. R. 2297

[Report No. 108–211] 

To amend title 38, United States Code, to modify and improve certain 

benefits for veterans, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 2, 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 

JULY 15, 2003

Additional sponsors: Mr. GUTIERREZ, Ms. CORRINE BROWN of Florida, Mr. 

RODRIGUEZ, Mr. FILNER, Mr. ROYCE, and Mr. UDALL of New Mexico 

JULY 15, 2003

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on June 2, 2003] 

A BILL

To amend title 38, United States Code, to modify and 

improve certain benefits for veterans, 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,

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet3 erans Benefits Act of 2003’’. 

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

5 Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Expansion of Montgomery GI Bill education benefits for certain self-employment training. 

Sec. 3. Extension in period of eligibility for survivors’ and dependents’ education 

benefits for individuals who are involuntarily ordered to fulltime National Guard duty. 

Sec. 4. Extension of Veterans’ Advisory Committee on Education. 

Sec. 5. Repeal of provisions relating to obsolete education loan program. 

Sec. 6. Retention of Dependency and Indemnity Compensation for surviving 

spouses remarrying after age 55. 

Sec. 7. Eligibility of surviving spouses who remarry for burial in national cemeteries. 

Sec. 8. Permanent authority for State cemetery grants. 

Sec. 9. Reinstatement of veterans vocational training program for certain pension 

recipients. 

Sec. 10. Increase in amounts for certain adaptive benefits for disabled veterans. 

Sec. 11. Presumptions of service-connection relating to diseases and disabilities of 

former prisoners of war. 

Sec. 12. Extension of spina bifida benefits for children of Vietnam-era veterans. 

Sec. 13. Permanent authority for housing loans for members of the Selected Reserve. 

Sec. 14. Adjustment to home loan fees and uniformity of fees for qualifying Reserve members with fees for active duty veterans. 

Sec. 15. Reinstatement of minimum requirements for sale of vendee loans. 

Sec. 16. Rate of payment of benefits for certain Filipino veterans and their survivors residing in the United States. 

Sec. 17. Burial benefits for new Philippine scouts residing in the United States. 

Sec. 18. Extension of authority to maintain regional office in the Republic of the 

Philippines. 

Sec. 19. Outstationing of transition assistance program personnel. 

Sec. 20. Forfeiture of benefits for subversive activities. 

Sec. 21. Technical amendments related to Jobs for Veterans Act. 

Sec. 22. Technical and conforming relating to establishment of Social Security 

Administration as an independent agency.

6 SEC. 2. EXPANSION OF MONTGOMERY GI BILL EDUCATION 

7 BENEFITS FOR CERTAIN SELF-EMPLOYMENT 

8 TRAINING. 

9 (a) DEFINITION OF TRAINING ESTABLISHMENT.—Sec10 tion 3452(e) of title 38, United States Code, is amended 

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1 by striking ‘‘means any’’ and all that follows and inserting 

2 ‘‘means any of the following: 

3 ‘‘(1) An establishment providing apprentice or 

4 other training on the job, including those under the 

5 supervision of a college or university or any State de6 partment of education. 

7 ‘‘(2) An establishment providing self-employment 

8 on-job training consisting of full-time training for a 

9 period of less than six months that is needed or ac10 cepted for purposes of obtaining licensure to engage in 

11 a self-employment occupation or required for owner12 ship and operation of a franchise that is the objective 

13 of the training. 

14 ‘‘(3) A State board of vocational education. 

15 ‘‘(4) A Federal or State apprenticeship registra16 tion agency. 

17 ‘‘(5) A joint apprenticeship committee estab18 lished pursuant to the Act of August 16, 1937, popu19 larly known as the ‘National Apprenticeship Act’ (29 

20 U.S.C. 50 et seq.). 

21 ‘‘(6) An agency of the Federal Government au22 thorized to supervise such training.’’. 

23 (b) EFFECTIVE DATE.—The amendment made by sub24 section (a) shall take effect on the date that is six months 

25 after the date of the enactment of this Act and shall apply 

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1 to self-employment on-job training approved and pursued 

2 on or after that date. 

3 SEC. 3. EXTENSION IN PERIOD OF ELIGIBILITY FOR SUR4 VIVORS’ AND DEPENDENTS’ EDUCATION BEN5 EFITS FOR INDIVIDUALS WHO ARE INVOLUN6 TARILY ORDERED TO FULL-TIME NATIONAL 

7 GUARD DUTY. 

8 (a) IN GENERAL.—Section 3512(h) of title 38, United 

9 States Code, is amended by inserting ‘‘or is involuntarily 

10 ordered to full-time National Guard duty under section 

11 502(f) of title 32,’’ after ‘‘title 10,’’. 

12 (b) EFFECTIVE DATE.—The amendment made by sub13 section (a) shall take effect as of September 11, 2001.

14 SEC. 4. EXTENSION OF VETERANS’ ADVISORY COMMITTEE 

15 ON EDUCATION. 

16 (a) EXTENSION.—Subsection (c) of section 3692 of title 

17 38, United States Code, is amended by striking ‘‘December 

18 31, 2003’’ and inserting ‘‘December 31, 2009’’. 

19 (b) MODIFICATION OF MEMBERSHIP REQUIRE20 MENTS.—The second sentence of subsection (a) of such sec21 tion is amended by striking ‘‘World War II, the Korean 

22 conflict era, the post-Korean conflict era,’’. 

23 (c) TECHNICAL AMENDMENT.—Such section is further 

24 amended by striking ‘‘chapter 106’’ each place it appears 

25 and inserting ‘‘chapter 1606’’. 

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1 SEC. 5. REPEAL OF PROVISIONS RELATING TO OBSOLETE 

2 EDUCATION LOAN PROGRAM. 

3 (a) TERMINATION OF PROGRAM.—Subchapter III of 

4 chapter 36 of title 38, United States Code, is repealed. 

5 (b) TRANSFER OF LOAN FUND BALANCE.—Any bal6 ance as of the date of the enactment of this Act in the De7 partment of Veterans Affairs Education Loan Fund shall 

8 be transferred to the Department of Veterans Affairs Read9 justment Benefits Account. 

10 (c) DISCHARGE OF LIABILITY.—The Secretary of Vet11 erans Affairs shall discharge any outstanding liability of 

12 a veteran under such subchapter. Any overpayment de13 clared under section 3698(e)(1) of that subchapter shall be 

14 waived without further process on the date on which funds 

15 are transferred under subsection (b). 

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

17 the beginning of chapter 36 of such title is amended by 

18 striking the items relating to subchapter III and sections 

19 3698 and 3699. 

20 (e) CONFORMING AMENDMENTS.—(1) Section 3462(a) 

21 of such title is amended by striking paragraph (2). 

22 (2) Section 3485(e)(1) of such title by striking ‘‘(other 

23 than an education loan under subchapter III)’’. 

24 (3) Section 3512 of such title is amended by striking 

25 subsection (f).

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1 SEC. 6. RETENTION OF DEPENDENCY AND INDEMNITY COM2 PENSATION FOR SURVIVING SPOUSES RE3 MARRYING AFTER AGE 55. 

4 (a) EXCEPTION TO TERMINATION OF BENEFITS UPON

5 REMARRIAGE.—Section 103(d)(2)(B) of title 38, United 

6 States Code, is amended by inserting ‘‘1311 or’’ after 

7 ‘‘under section’’. 

8 (b) EFFECTIVE DATE.—The amendment made by sub9 section (a) shall take effect on—

10 (1) the first day of the first month that begins 

11 after the date of the enactment of this Act; or 

12 (2) the first day of the fiscal year that begins in 

13 the calendar year in which this Act is enacted, if later 

14 than the date specified in paragraph (1). 

15 (c) RETROACTIVE BENEFITS PROHIBITED.—No benefit 

16 may be paid to any person by reason of the amendment 

17 made by subsection (a) for any period before the effective 

18 date specified in subsection (b). 

19 (d) APPLICATION FOR BENEFITS.—In the case of an 

20 individual who but for having remarried would be eligible 

21 for dependency and indemnity compensation under section 

22 1311 of title 38, United States Code, and whose remarriage 

23 was before the date of the enactment of this Act and after 

24 the individual had attained age 55, the individual shall be 

25 eligible for such compensation by reason of the amendment 

26 made by subsection (a) only if the individual submits an 

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1 application for such compensation to the Secretary of Vet2 erans Affairs not later than the end of the one-year period 

3 beginning on the date of the enactment of this Act. 

4 SEC. 7. ELIGIBILITY OF SURVIVING SPOUSES WHO RE5 MARRY FOR BURIAL IN NATIONAL CEME6 TERIES. 

7 (a) ELIGIBILITY.—Section 2402(5) of title 38, United 

8 States Code, is amended by striking ‘‘(which for purposes 

9 of this chapter includes an unremarried surviving spouse 

10 who had a subsequent remarriage which was terminated by 

11 death or divorce)’’ and inserting ‘‘(which for purposes of 

12 this chapter includes a surviving spouse who had a subse13 quent remarriage)’’. 

14 (b) EFFECTIVE DATE.—The amendment made by sub15 section (a) shall apply with respect to deaths occurring on 

16 or after January 1, 2000. 

17 SEC. 8. PERMANENT AUTHORITY FOR STATE CEMETERY 

18 GRANTS. 

19 Paragraph (2) of section 2408(a) of title 38, United 

20 States Code, is amended—

21 (1) by striking ‘‘for fiscal year 1999 and for each 

22 succeeding fiscal year through fiscal year 2004’’; and 

23 (2) by adding at the end the following new sen24 tence: ‘‘Funds appropriated under the preceding sen25 tence shall remain available until expended.’’. 

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1 SEC. 9. REINSTATEMENT OF VETERANS VOCATIONAL 

2 TRAINING PROGRAM FOR CERTAIN PENSION 

3 RECIPIENTS. 

4 (a) ESTABLISHMENT OF NEW PROGRAM PERIOD.—

5 Subsection (a)(3) of section 1524 of title 38, United States 

6 Code, is amended by striking ‘‘the period beginning on Feb7 ruary 1, 1985, and ending on December 31, 1995’’ and in8 serting ‘‘the five-year period beginning on the date of the 

9 enactment of the Veterans Benefits Act of 2003’’. 

10 (b) CONFORMING AMENDMENT.—Subsection (b)(4) of 

11 such section is amended by striking ‘‘December 31, 1995’’ 

12 and inserting ‘‘the end of the program period’’. 

13 (c) OUTREACH.—Such section is further amended by 

14 adding at the end the following new subsection: 

15 ‘‘(f) The Secretary shall ensure that the availability 

16 of vocational training under this section is made known 

17 through a variety of means, including the Internet and an18 nouncements in Department publications and other vet19 erans’ publications.’’. 

20 (d) REPORTS.—Such section, as amended by sub21 section (c), is further amended by adding at the end the 

22 following new subsection: 

23 ‘‘(g) Not later than two years after the date of the en24 actment of the Veterans Benefits Act of 2003, and each year 

25 thereafter, the Secretary shall submit to the Committees on 

26 Veterans’ Affairs of the Senate and House of RepresentaVerDate Jan 31 2003 06:27 Jul 16, 2003 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2297.RH H2297
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1 tives a report on the operation of this section. The report 

2 shall set forth an evaluation of the vocational training pro3 vided under this section for the period involved, and shall 

4 include an analysis of the cost-effectiveness of the vocational 

5 training provided under this section as well as data on the 

6 entered-employment rate of veterans pursuing such voca7 tional training.’’. 

8 (e) STYLISTIC AMENDMENTS.—Such section is further 

9 amended—

10 (1) by striking ‘‘of Veterans Affairs’’ in sub11 section (a)(1); and 

12 (2) by striking ‘‘of this section’’ in subsections 

13 (a)(2), (b)(1), (b)(4) (both places it appears), (c), (d), 

14 and (e).

15 SEC. 10. INCREASE IN AMOUNTS FOR CERTAIN ADAPTIVE 

16 BENEFITS FOR DISABLED VETERANS. 

17 (a) INCREASE IN ASSISTANCE AMOUNT FOR SPE18 CIALLY ADAPTED HOUSING.—Section 2102 of title 38, 

19 United States Code, is amended—

20 (1) in the matter preceding paragraph (1) of 

21 subsection (a), by striking ‘‘$48,000’’ and inserting 

22 ‘‘$50,000’’; and 

23 (2) in subsection (b)(2), by striking ‘‘$9,250’’ 

24 and inserting ‘‘$10,000’’. 

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1 (b) INCREASE IN AMOUNT OF ASSISTANCE FOR AUTO2 MOBILE AND ADAPTIVE EQUIPMENT FOR CERTAIN DIS3 ABLED VETERANS.—Section 3902(a) of such title is amend4 ed by striking ‘‘$9,000’’ and inserting ‘‘$11,000’’. 

5 (c) EFFECTIVE DATE.—The amendments made by sub6 sections (a) and (b) shall apply with respect to assistance 

7 furnished on or after the date of the enactment of this Act.

8 SEC. 11. PRESUMPTIONS OF SERVICE-CONNECTION RELAT9 ING TO DISEASES AND DISABILITIES OF 

10 FORMER PRISONERS OF WAR. 

11 Subsection (b) of section 1112 of title 38, United States 

12 Code, is amended to read as follows: 

13 ‘‘(b)(1) For the purposes of section 1110 of this title 

14 and subject to the provisions of section 1113 of this title, 

15 in the case of a veteran who is a former prisoner of war—

16 ‘‘(A) a disease specified in paragraph (2) shall 

17 be considered to have been incurred in or aggravated 

18 by such service, notwithstanding that there is no 

19 record of such disease during the period of service; 

20 and 

21 ‘‘(B) if the veteran was detained or interned as 

22 a prisoner of war for not less than thirty days, a dis23 ease specified in paragraph (3) which became mani24 fest to a degree of 10 percent or more after active 

25 military, naval, or air service shall be considered to

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1 have been incurred in or aggravated by such service, 

2 notwithstanding that there is no record of such dis3 ease during the period of service. 

4 ‘‘(2) The diseases specified in this paragraph are the 

5 following: 

6 ‘‘(A) Psychosis. 

7 ‘‘(B) Any of the anxiety states. 

8 ‘‘(C) Dysthymic disorder (or depressive neu9 rosis). 

10 ‘‘(D) Organic residuals of frostbite, if the Sec11 retary determines that the veteran was interned in 

12 climatic conditions consistent with the occurrence of 

13 frostbite. 

14 ‘‘(E) Post-traumatic osteoarthritis. 

15 ‘‘(3) The diseases specified in this paragraph are the 

16 following: 

17 ‘‘(A) Avitaminosis. 

18 ‘‘(B) Beriberi (including beriberi heart disease). 

19 ‘‘(C) Chronic dysentery. 

20 ‘‘(D) Helminthiasis. 

21 ‘‘(E) Malnutrition (including optic atrophy asso22 ciated with malnutrition). 

23 ‘‘(F) Pellagra. 

24 ‘‘(G) Any other nutritional deficiency. 

25 ‘‘(H) Cirrhosis of the liver. 

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1 ‘‘(I) Peripheral neuropathy except where directly 

2 related to infectious causes. 

3 ‘‘(J) Irritable bowel syndrome. 

4 ‘‘(K) Peptic ulcer disease.’’.

5 SEC. 12. EXTENSION OF SPINA BIFIDA BENEFITS FOR CHIL6 DREN OF VIETNAM-ERA VETERANS. 

7 (a) ELIGIBLE CHILDREN.—Subchapter I of chapter 18 

8 of title 38, United States Code, is amended by inserting 

9 before section 1802 the following new section: 

10 ‘‘§ 1801. Persons eligible for benefits 

11 ‘‘An individual is an eligible child for purposes of this 

12 subchapter if the individual is suffering from spina bifida 

13 and is—

14 ‘‘(1) a child as defined in section 1821(1) of this 

15 title; or 

16 ‘‘(2) the natural child, regardless of age or mar17 ital status, of a parent who during the period begin18 ning on October 1 1967, and ending on May 7 1975, 

19 performed active military, naval, or air service in the 

20 Republic of Korea in the area between the south line 

21 of the Demilitarized Zone and a line five miles south 

22 of the Civilian Control Line established with respect 

23 to the Demilitarized Zone, but only if the individual 

24 was conceived after the parent performed such serv25 ice.’’. 

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1 (b) HEALTH CARE.—Section 1803(a) of such title is 

2 amended by striking ‘‘a child of a Vietnam veteran who 

3 is suffering from spina bifida’’ and inserting ‘‘an eligible 

4 child’’. 

5 (c) VOCATIONAL TRAINING AND REHABILITATION.—

6 Section 1804(a) of such title is amended by striking ‘‘a 

7 child of a Vietnam veteran who is suffering from spina 

8 bifida’’ and inserting ‘‘an eligible child’’. 

9 (d) MONETARY ALLOWANCE.—Section 1805(a) of such 

10 title is amended by striking ‘‘any child of a Vietnam vet11 eran’’ and inserting ‘‘any eligible child’’. 

12 (e) CONFORMING AMENDMENTS.—Chapter 18 of such 

13 title is amended as follows: 

14 (1) The heading of the chapter is amended to 

15 read as follows: 

16 ‘‘CHAPTER 18—DISABILITY BENEFITS FOR 

17 CHILDREN OF VIETNAM VETERANS 

18 AND OTHER VETERANS EXPOSED TO 

19 HERBICIDE AGENTS’’. 

20 (2) The heading of subchapter I is amended to 

21 read as follows: 

22 ‘‘SUBCHAPTER I—CHILDREN BORN WITH SPINA 

23 BIFIDA’’. 

24 (3) The table of sections at the beginning of the 

25 chapter is amended—

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1 (A) by striking the item relating to sub2 chapter I and inserting the following:

‘‘SUBCHAPTER I—CHILDREN BORN WITH SPINA BIFIDA’’;

3 and 

4 (B) by inserting before the item relating to 

5 section 1802 the following new item:

‘‘1801. Persons eligible for benefits.’’.

6 (f) TABLES OF CHAPTERS.—The items relating to 

7 chapter 18 in the tables of chapters at the beginning of title 

8 38, United States Code, and at the beginning of part II 

9 of such title, are amended to read as follows:

‘‘18. Disability Benefits for Children of Vietnam Veterans and Other Veterans Exposed to Herbicide Agents .................................. 1801’’.

10 SEC. 13. PERMANENT AUTHORITY FOR HOUSING LOANS 

11 FOR MEMBERS OF THE SELECTED RESERVE. 

12 Section 3702(a)(2)(E) of title 38, United States Code, 

13 is amended by striking ‘‘For the period’’ and all that follows 

14 through ‘‘each’’ and inserting ‘‘Each’’. 

15 SEC. 14. ADJUSTMENT TO HOME LOAN FEES AND UNI16 FORMITY OF FEES FOR QUALIFYING RESERVE 

17 MEMBERS WITH FEES FOR ACTIVE DUTY VET18 ERANS. 

19 (a) REVISED LOAD FEE TABLE.—Paragraph (2) of 

20 section 3729(b) of title 38, United States Code, is amended 

21 to read as follows: 

22 ‘‘(2) The loan fee table referred to in paragraph (1) 

23 is as follows:

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‘‘LOAN FEE TABLE 

Type of loan Veteran Other obligor 

(A)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down 

(closed before October 1, 2003)........................................................ 2.00 NA

(A)(ii) Initial loan described in section 3710(a) to purchase or 

construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down 

(closed on or after October 1, 2003, and before October 1, 2011) 2.15 NA

(A)(iii) Initial loan described in section 3710(a) to purchase or 

construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down 

(closed on or after October 1, 2011)................................................ 1.40 NA

(B)(i) Subsequent loan described in section 3710(a) to purchase or 

construct a dwelling with 0-down, or any other subsequent loan 

described in section 3710(a) (closed before October 1, 2011) ........ 3.30 NA

(B)(ii) Subsequent loan described in section 3710(a) to purchase 

or construct a dwelling with 0-down, or any other subsequent 

loan described in section 3710(a) (closed on or after October 1, 

2011 and before October 1, 2013)................................................... 2.15 NA

(B)(iii) Subsequent loan described in section 3710(a) to purchase 

or construct a dwelling with 0-down, or any other subsequent 

loan described in section 3710(a) (closed on or after October 1, 

2013)................................................................................................. 1.25 NA

(C)(i) Loan described in section 3710(a) to purchase or construct 

a dwelling with 5-down (closed before October 1, 2011)............... 1.50 NA

(C)(ii) Loan described in section 3710(a) to purchase or construct 

a dwelling with 5-down (closed on or after October 1, 2011)...... 0.75 NA

(D)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed before October 1, 2011).. 1.25 NA

(D)(ii) Initial loan described in section 3710(a) to purchase or 

construct a dwelling with 10-down (closed on or after October 1, 

2011)................................................................................................. 0.50 NA

(E) Interest rate reduction refinancing loan ..................................... 0.50 NA

(F) Direct loan under section 3711 .................................................... 1.00 NA

(G) Manufactured home loan under section 3712 (other than an 

interest rate reduction refinancing loan)....................................... 1.00 NA

(H) Loan to Native American veteran under section 3762 (other 

than an interest rate reduction refinancing loan)........................ 1.25 NA

(I) Loan assumption under section 3714 ........................................... 0.50 0.50

(J) Loan under section 3733(a) .......................................................... 2.25 2.25

(K) Hybrid loan under section 3707A ............................................... 1.25 NA’’. 

1 (b) CONFORMING AMENDMENTS.—(1) Subparagraph 

2 (A) of paragraph (4) of such section is amended to read 

3 as follows:

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1 ‘‘(A) The term ‘veteran’ means any veteran eligi2 ble for the benefits of this chapter.’’. 

3 (2) Such paragraph is further amended by striking 

4 subparagraph (B) and redesignating subparagraphs (C), 

5 (D), (E), (F), (G), (H), and (I) as subparagraphs (B), (C), 

6 (D), (E), (F), (G), and (H), respectively. 

7 SEC. 15. REINSTATEMENT OF MINIMUM REQUIREMENTS 

8 FOR SALE OF VENDEE LOANS. 

9 (a) REINSTATEMENT.—Subsection (a) of section 3733 

10 of title 38, United States Code, is amended by striking 

11 paragraph (2). 

12 (b) INCREASE IN MAXIMUM PERCENTAGE.—Para13 graph (1) of such subsection is amended—

14 (1) by striking ‘‘65 percent’’ in the first sentence 

15 and inserting ‘‘85 percent’’; 

16 (2) by striking ‘‘may be financed’’ and inserting 

17 ‘‘shall be financed’’; and 

18 (3) by striking the second sentence. 

19 (c) STYLISTIC AMENDMENTS.—Such section is further 

20 amended—

21 (1) by striking ‘‘of this subsection’’ after—

22 (A) ‘‘paragraph (1)’’ in subsections 

23 (a)(4)(A), (a)(5), (a)(6), and (c)(2); and 

24 (B) ‘‘paragraph (5)’’ in subsection 

25 (a)(4)(B)(i); and 

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1 (2) by striking ‘‘of this paragraph’’ each place it 

2 appears in subsection (a)(4). 

3 SEC. 16. RATE OF PAYMENT OF BENEFITS FOR CERTAIN 

4 FILIPINO VETERANS AND THEIR SURVIVORS 

5 RESIDING IN THE UNITED STATES. 

6 (a) RATE OF PAYMENT.—Section 107 of title 38, 

7 United States Code, is amended—

8 (1) in the second sentence of subsection (b), by 

9 striking ‘‘Payments’’ and inserting ‘‘Except as pro10 vided in subsection (c), payments’’; and 

11 (2) in subsection (c)—

12 (A) by inserting ‘‘and subchapter II of 

13 chapter 13 (except section 1312(a)) of this title’’ 

14 after ‘‘chapter 11 of this title’’; 

15 (B) by striking ‘‘in subsection (a)’’ and in16 serting ‘‘in subsection (a) or (b)’’; and 

17 (C) by striking ‘‘of subsection (a)’’ and in18 serting ‘‘of the applicable subsection’’. 

19 (b) EFFECTIVE DATE.—The amendments made by sub20 section (a) shall apply to benefits paid for months begin21 ning after the date of the enactment of this Act. 

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1 SEC. 17. BURIAL BENEFITS FOR NEW PHILIPPINE SCOUTS 

2 RESIDING IN THE UNITED STATES. 

3 (a) BENEFIT ELIGIBILITY.—Section 107 of title 38, 

4 United States Code, as amended by section 16, is further 

5 amended—

6 (1) in subsection (b)(2)—

7 (A) by striking ‘‘and’’ and inserting a 

8 comma; and 

9 (B) by inserting ‘‘, 23, and 24 (to the extent 

10 provided for in section 2402(8))’’ after ‘‘(except 

11 section 1312(a))’’; 

12 (2) in the second sentence of subsection (b), as 

13 amended by section 16(a)(1), by inserting ‘‘or (d)’’ 

14 after ‘‘subsection (c)’’; 

15 (3) in subsection (d)(1), by inserting ‘‘or (b), as 

16 otherwise applicable,’’ after ‘‘subsection (a)’’; and 

17 (4) in subsection (d)(2), by inserting ‘‘or whose 

18 service is described in subsection (b) and who dies 

19 after the date of the enactment of the Veterans Bene20 fits Act of 2003,’’ after ‘‘November 1, 2000,’’. 

21 (b) NATIONAL CEMETERY INTERMENT.—Section 

22 2402(8) of such title is amended by striking ‘‘section 

23 107(a)’’ and inserting ‘‘subsection (a) or (b) of section 107’’. 

24 (c) EFFECTIVE DATE.—The amendments made by sub25 sections (a) and (b) shall apply with respect to deaths occur26 ring after the date of the enactment of this Act. 

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1 SEC. 18. EXTENSION OF AUTHORITY TO MAINTAIN RE2 GIONAL OFFICE IN THE REPUBLIC OF THE 

3 PHILIPPINES. 

4 Section 315(b) of title 38, United States Code, is 

5 amended by striking ‘‘December 31, 2003’’ and inserting 

6 ‘‘December 31, 2009’’. 

7 SEC. 19. OUTSTATIONING OF TRANSITION ASSISTANCE 

8 PROGRAM PERSONNEL. 

9 (a) IN GENERAL.—(1) Chapter 41 of title 38, United 

10 States Code, is amended by adding at the end the following 

11 new section: 

12 ‘‘§ 4113. Outstationing of Transition Assistance Pro13 gram personnel 

14 ‘‘(a) STATIONING OF TAP PERSONNEL AT OVERSEAS

15 MILITARY INSTALLATIONS.—(1) The Secretary—

16 ‘‘(A) shall station employees of the Veterans’ Em17 ployment and Training Service, or contractors under 

18 subsection (c), at each veterans assistance office de19 scribed in paragraph (2); and 

20 ‘‘(B) may station such employees or contractors 

21 at such other military installations outside the United 

22 States as the Secretary, after consultation with the 

23 Secretary of Defense, determines to be appropriate or 

24 desirable to carry out the purposes of this chapter. 

25 ‘‘(2) Veterans assistance offices referred to in para26 graph (1)(A) are those offices that are established by the

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1 Secretary of Veterans Affairs on military installations pur2 suant to the second sentence of section 7723(a) of this title. 

3 ‘‘(b) FUNCTIONS.—Employees (or contractors) sta4 tioned at military installations pursuant to subsection (a) 

5 shall provide, in person, counseling, assistance in identi6 fying employment and training opportunities, help in ob7 taining such employment and training, and other related 

8 information and services to members of the Armed Forces 

9 who are being separated from active duty, and the spouses 

10 of such members, under the Transition Assistance Program 

11 and Disabled Transition Assistance Program established in 

12 section 1144 of title 10. 

13 ‘‘(c) AUTHORITY TO CONTRACT WITH PRIVATE ENTI14 TIES.—The Secretary, consistent with such section 1144, 

15 may enter into contracts with public or private entities to 

16 provide, in person, some or all of the counseling, assistance, 

17 information and services under the Transition Assistance 

18 Program required under subsection (a).’’. 

19 (2) The table of sections at the beginning of such chap20 ter is amended by adding at the end the following new item:

‘‘4113. Outstationing of Transition Assistance Program personnel.’’.

21 (b) DEADLINE FOR IMPLEMENTATION.—Not later than 

22 the date that is 90 days after the date of the enactment 

23 of this Act, the Secretary of Labor shall implement section 

24 4113 of title 38, United States Code, as added by subsection 

25 (a), and shall have employees of the Veterans’ Employment 

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1 and Training Service, or contractors, to carry out that sec2 tion at the military installations involved by such date. 

3 SEC. 20. FORFEITURE OF BENEFITS FOR SUBVERSIVE AC4 TIVITIES. 

5 (a) ADDITION OF CERTAIN OFFENSES.—Paragraph 

6 (2) of section 6105(b) of title 38, United States Code, is 

7 amended—

8 (1) by inserting ‘‘175, 229,’’ after ‘‘sections’’; and 

9 (2) by inserting ‘‘831, 1091, 2332a, 2332b,’’ after 

10 ‘‘798,’’. 

11 (b) EFFECTIVE DATE.—The amendments made by sub12 section (a) shall apply to claims filed after the date of the 

13 enactment of this Act.

14 SEC. 21. TECHNICAL AMENDMENTS RELATED TO JOBS FOR 

15 VETERANS ACT. 

16 (a) JOB TRAINING AND PLACEMENT FUNCTIONS OF

17 THE DEPARTMENT OF LABOR.—(1) Subsection (c)(2)(B)(ii) 

18 of section 4102A of such title is amended by striking ‘‘Octo19 ber 1, 2002’’ and inserting ‘‘October 1, 2003’’. 

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

21 effect as if included in the enactment of section 4(a) of the 

22 Jobs for Veterans Act (Public Law 107–288; 116 Stat. 

23 2038). 

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1 (b) OTHER TECHNICAL AMENDMENTS.—(1) Such sub2 section is further amended by striking ‘‘, as amended by 

3 the Jobs for Veterans Act’’.

4 (2) Subsection (f)(1) of such section is amended by 

5 striking ‘‘6 months after the date of the enactment of this 

6 section,’’ and inserting ‘‘May 7, 2003,’’. 

7 SEC. 22. TECHNICAL AND CONFORMING RELATING TO ES8 TABLISHMENT OF SOCIAL SECURITY ADMIN9 ISTRATION AS AN INDEPENDENT AGENCY. 

10 Title 38, United States Code, is amended as follows: 

11 (1) Section 1322 is amended—

12 (A) in subsection (a), by striking ‘‘Secretary 

13 of Health and Human Services’’ and all that fol14 lows through the period and inserting ‘‘Commis15 sioner of Social Security, and shall be certified 

16 by the Commissioner to the Secretary upon re17 quest of the Secretary.’’; and 

18 (B) in subsection (b)—

19 (i) by striking ‘‘Secretary of Health 

20 and Human Services’’ in the first sentence 

21 and inserting ‘‘Commissioner of Social Se22 curity’’; 

23 (ii) by striking ‘‘the two Secretaries’’ 

24 and inserting ‘‘the Secretary and the Com25 missioner’’; and 

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1 (iii) by striking ‘‘Secretary of Health 

2 and Human Services’’ in the second sen3 tence and inserting ‘‘Commissioner’’. 

4 (2) Section 5101(a) is amended by striking ‘‘Sec5 retary of Health and Human Services’’ and inserting 

6 ‘‘Commissioner of Social Security’’. 

7 (3) Section 5317 is amended by striking ‘‘Sec8 retary of Health and Human Services’’ in subsections 

9 (a), (b), and (g) and inserting ‘‘Commissioner of So10 cial Security’’. 

11 (4)(A) Section 5318 is amended—

12 (i) in subsection (a), by striking ‘‘Depart13 ment of Health and Human Services’’ and in14 serting ‘‘Social Security Administration’’; and 

15 (ii) in subsection (b)—

16 (I) by striking ‘‘Department of Health 

17 and Human Services’’ and inserting ‘‘So18 cial Security Administration’’; 

19 (II) by striking ‘‘Secretary of Health 

20 and Human Services’’ the first place it ap21 pears and inserting ‘‘Commissioner of So22 cial Security’’; 

23 (III) by striking ‘‘Secretary of Health 

24 and Human Services’’ the second place it 

25 appears and inserting ‘‘Commissioner’’; and 

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1 (IV) by striking ‘‘such Secretaries’’ and 

2 inserting ‘‘the Secretary and the Commis3 sioner’’. 

4 (B)(i) The heading of such section is amended to 

5 read as follows: 

6 ‘‘§ 5318. Review of Social Security Administration 

7 death information’’. 

8 (ii) The item relating to that section in the table 

9 of sections at the beginning at chapter 53 is amended 

10 to read as follows:

‘‘5318. Review of Social Security Administration death information.’’.

Amend the title so as to read: ‘‘A bill to amend title 

38, United States Code, to improve benefits under laws 

administered by the Secretary of Veterans Affairs, and 

for other purposes.’’.

Union Calendar No. 117

108TH CONGRESS 

1ST SESSION H. R. 2297

[Report No. 108

–211] 

A BILL

To amend title 38, United States Code, to modify 

and improve certain benefits for veterans, and for other purposes. 

JULY 15, 2003

Reported with amendments, committed to the Committee 

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