108TH CONGRESS

1ST SESSION H. R. 2297

AN ACT

To amend title 38, United States Code, to improve

benefits under laws administered by the Secretary of Veterans Affairs, and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 2297

AN ACT

To amend title 38, United States Code, to improve benefits

under laws administered by the Secretary of Veterans

Affairs, 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

3 ‘‘Veterans Benefits Act of 2003’’.

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

5 this 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

full-time 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.—

10 Section 3452(e) of title 38, United States Code, is amend-
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1 ed by striking ‘‘means any’’ and all that follows and insert2 ing ‘‘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

6 department of education.

7 ‘‘(2) An establishment providing self-employ8 ment on-job training consisting of full-time training

9 for a period of less than six months that is needed

10 or accepted for purposes of obtaining licensure to

11 engage in a self-employment occupation or required

12 for ownership and operation of a franchise that is

13 the objective 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, pop19 ularly known as the ‘National Apprenticeship Act’

20 (29 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

24 subsection (a) shall take effect on the date that is six

25 months after the date of the enactment of this Act and
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1 shall apply to self-employment on-job training approved

2 and pursued 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,

9 United States Code, is amended by inserting ‘‘or is invol10 untarily ordered to full-time National Guard duty under

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

12 (b) EFFECTIVE DATE.—The amendment made by

13 subsection (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

17 title 38, United States Code, is amended by striking ‘‘De18 cember 31, 2003’’ and inserting ‘‘December 31, 2009’’.

19 (b) MODIFICATION OF MEMBERSHIP REQUIRE20 MENTS.—The second sentence of subsection (a) of such

21 section is amended by striking ‘‘World War II, the Korean

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

23 (c) TECHNICAL AMENDMENT.—Such section is fur24 ther amended by striking ‘‘chapter 106’’ each place it ap25 pears 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

6 balance as of the date of the enactment of this Act in the

7 Department of Veterans Affairs Education Loan Fund

8 shall be transferred to the Department of Veterans Affairs

9 Readjustment Benefits Account.

10 (c) DISCHARGE OF LIABILITY.—The Secretary of

11 Veterans Affairs shall discharge any outstanding liability

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

14 be waived without further process on the date on which

15 funds are transferred under subsection (b).

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

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

18 by striking the items relating to subchapter III and sec19 tions 3698 and 3699.

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

21 3462(a) of such title is amended by striking paragraph

22 (2).

23 (2) Section 3485(e)(1) of such title by striking

24 ‘‘(other than an education loan under subchapter III)’’.

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

26 subsection (f).
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1 SEC. 6. RETENTION OF DEPENDENCY AND INDEMNITY

2 COMPENSATION FOR SURVIVING SPOUSES

3 REMARRYING AFTER AGE 55.

4 (a) EXCEPTION TO TERMINATION OF BENEFITS

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

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

7 after ‘‘under section’’.

8 (b) COORDINATION OF BENEFITS.—Section 1311 of

9 such title is amended by adding at the end the following

10 new subsection:

11 ‘‘(e) In the case of an individual who is eligible for

12 dependency and indemnity compensation under this sec13 tion by reason of section 103(d)(2)(B) of this title who

14 is also eligible for benefits under another provision of law

15 by reason of such individual’s status as the surviving

16 spouse of a veteran, then, notwithstanding any other pro17 vision of law (other than section 5304(b)3 of this title),

18 no reduction in benefits under such other provision of law

19 shall be made by reason of such individual’s eligibility for

20 benefits under this section.’’.

21 (c) EFFECTIVE DATE.—The amendments made by

22 subsections (a) and (b) shall take effect on—

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

24 after the date of the enactment of this Act; or
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1 (2) the first day of the fiscal year that begins

2 in the calendar year in which this Act is enacted, if

3 later than the date specified in paragraph (1).

4 (d) RETROACTIVE BENEFITS PROHIBITED.—No ben5 efit may be paid to any person by reason of the amend6 ment made by subsections (a) and (b) for any period be7 fore the effective date specified in subsection (c).

8 (e) APPLICATION FOR BENEFITS.—In the case of an

9 individual who but for having remarried would be eligible

10 for dependency and indemnity compensation under section

11 1311 of title 38, United States Code, and whose remar12 riage was before the date of the enactment of this Act

13 and after the individual had attained age 55, the indi14 vidual shall be eligible for such compensation by reason

15 of the amendment made by subsection (a) only if the indi16 vidual submits an application for such compensation to the

17 Secretary of Veterans Affairs not later than the end of

18 the one-year period beginning on the date of the enact19 ment of this Act.

20 (f) TECHNICAL CORRECTION.—Section 101(b) of the

21 Veterans Benefits Act of 2002 (Public Law 107–330; 116

22 Stat. 2821; 38 U.S.C. 103 note) is amended by striking

23 ‘‘during the 1–year period’’ and all that follows through

24 ‘‘(c)’’ and inserting ‘‘before the end of the one-year period
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1 beginning on the date of the enactment of the Veterans

2 Benefits Act of 2003’’.

3 SEC. 7. ELIGIBILITY OF SURVIVING SPOUSES WHO RE4 MARRY FOR BURIAL IN NATIONAL CEME5 TERIES.

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

7 United States Code, is amended by striking ‘‘(which for

8 purposes of this chapter includes an unremarried surviving

9 spouse who had a subsequent remarriage which was termi10 nated by death or divorce)’’ and inserting ‘‘(which for pur11 poses of this chapter includes a surviving spouse who had

12 a subsequent remarriage)’’.

13 (b) EFFECTIVE DATE.—The amendment made by

14 subsection (a) shall apply with respect to deaths occurring

15 on or after January 1, 2000.

16 SEC. 8. PERMANENT AUTHORITY FOR STATE CEMETERY

17 GRANTS.

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

19 States Code, is amended—

20 (1) by striking ‘‘for fiscal year 1999 and for

21 each succeeding fiscal year through fiscal year

22 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

6 States Code, is amended by striking ‘‘the period beginning

7 on February 1, 1985, and ending on December 31, 1995’’

8 and inserting ‘‘the five-year period beginning on the date

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

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

11 of such section is amended by striking ‘‘December 31,

12 1995’’ 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

24 enactment of the Veterans Benefits Act of 2003, and each

25 year thereafter, the Secretary shall submit to the Commit26 tees on Veterans’ Affairs of the Senate and House of Rep-
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1 resentatives a report on the operation of this section. The

2 report shall set forth an evaluation of the vocational train3 ing provided under this section for the period involved, and

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

5 vocational training provided under this section as well as

6 data on the entered-employment rate of veterans pursuing

7 such vocational training.’’.

8 (e) STYLISTIC AMENDMENTS.—Such section is fur9 ther 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),

14 (d), 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

2 AUTOMOBILE AND ADAPTIVE EQUIPMENT FOR CERTAIN

3 DISABLED VETERANS.—Section 3902(a) of such title is

4 amended by striking ‘‘$9,000’’ and inserting ‘‘$11,000’’.

5 (c) EFFECTIVE DATE.—The amendments made by

6 subsections (a) and (b) shall apply with respect to assist7 ance furnished on or after the date of the enactment of

8 this Act.

9 SEC. 11. PRESUMPTIONS OF SERVICE-CONNECTION RELAT10 ING TO DISEASES AND DISABILITIES OF

11 FORMER PRISONERS OF WAR.

12 Subsection (b) of section 1112 of title 38, United

13 States Code, is amended to read as follows:

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

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

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

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

18 be considered to have been incurred in or aggravated

19 by such service, notwithstanding that there is no

20 record of such disease during the period of service;

21 and

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

23 a prisoner of war for not less than thirty days, a dis24 ease specified in paragraph (3) which became mani25 fest to a degree of 10 percent or more after active
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1 military, naval, or air service shall be considered to

2 have been incurred in or aggravated by such service,

3 notwithstanding that there is no record of such dis4 ease during the period of service.

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

6 following:

7 ‘‘(A) Psychosis.

8 ‘‘(B) Any of the anxiety states.

9 ‘‘(C) Dysthymic disorder (or depressive neu10 rosis).

11 ‘‘(D) Organic residuals of frostbite, if the Sec12 retary determines that the veteran was interned in

13 climatic conditions consistent with the occurrence of

14 frostbite.

15 ‘‘(E) Post-traumatic osteoarthritis.

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

17 following:

18 ‘‘(A) Avitaminosis.

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

20 ‘‘(C) Chronic dysentery.

21 ‘‘(D) Helminthiasis.

22 ‘‘(E) Malnutrition (including optic atrophy as23 sociated with malnutrition).

24 ‘‘(F) Pellagra.

25 ‘‘(G) Any other nutritional deficiency.
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1 ‘‘(H) Cirrhosis of the liver.

2 ‘‘(I) Peripheral neuropathy except where di3 rectly related to infectious causes.

4 ‘‘(J) Irritable bowel syndrome.

5 ‘‘(K) Peptic ulcer disease.’’.

6 SEC. 12. EXTENSION OF SPINA BIFIDA BENEFITS FOR CHIL7 DREN OF VIETNAM-ERA VETERANS.

8 (a) ELIGIBLE CHILDREN.—Subchapter I of chapter

9 18 of title 38, United States Code, is amended by inserting

10 before section 1802 the following new section:

11 ‘‘§ 1801. Persons eligible for benefits

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

13 subchapter if the individual is suffering from spina bifida

14 and is—

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

16 this title; or

17 ‘‘(2) the natural child, regardless of age or mar18 ital status, of a parent who during the period begin19 ning on October 1 1967, and ending on May 7 1975,

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

21 Republic of Korea in the area between the south line

22 of the Demilitarized Zone and a line five miles south

23 of the Civilian Control Line established with respect

24 to the Demilitarized Zone, but only if the individual
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1 was conceived after the parent performed such serv2 ice.’’.

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

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

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

6 child’’.

7 (c) VOCATIONAL TRAINING AND REHABILITATION.—

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

9 child of a Vietnam veteran who is suffering from spina

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

11 (d) MONETARY ALLOWANCE.—Section 1805(a) of

12 such title is amended by striking ‘‘any child of a Vietnam

13 veteran’’ and inserting ‘‘any eligible child’’.

14 (e) CONFORMING AMENDMENTS.—Chapter 18 of

15 such title is amended as follows:

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

17 read as follows:

18 ‘‘CHAPTER 18—DISABILITY BENEFITS FOR

19 CHILDREN OF VIETNAM VETERANS

20 AND OTHER VETERANS EXPOSED TO

21 HERBICIDE AGENTS’’.

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

23 read as follows:
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1 ‘‘SUBCHAPTER I—CHILDREN BORN WITH SPINA

2 BIFIDA’’.

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

4 chapter is amended—

5 (A) by striking the item relating to sub6 chapter I and inserting the following:

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

7 and

8 (B) by inserting before the item relating to

9 section 1802 the following new item:

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

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

11 chapter 18 in the tables of chapters at the beginning of

12 title 38, United States Code, and at the beginning of part

13 II 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’’.

14 SEC. 13. PERMANENT AUTHORITY FOR HOUSING LOANS

15 FOR MEMBERS OF THE SELECTED RESERVE.

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

17 Code, is amended by striking ‘‘For the period’’ and all

18 that follows through ‘‘each’’ and inserting ‘‘Each’’.
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1 SEC. 14. ADJUSTMENT TO HOME LOAN FEES AND UNI2 FORMITY OF FEES FOR QUALIFYING RE3 SERVE MEMBERS WITH FEES FOR ACTIVE

4 DUTY VETERANS.

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

6 section 3729(b) of title 38, United States Code, is amend7 ed to read as follows:

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

9 is as follows:

‘‘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
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‘‘LOAN FEE TABLE—Continued

Type of loan Veteran Other obligor

(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:

4 ‘‘(A) The term ‘veteran’ means any veteran eli5 gible for the benefits of this chapter.’’.

6 (2) Such paragraph is further amended by striking

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

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

9 (C), (D), (E), (F), (G), and (H), respectively.

10 SEC. 15. REINSTATEMENT OF MINIMUM REQUIREMENTS

11 FOR SALE OF VENDEE LOANS.

12 (a) REINSTATEMENT.—Subsection (a) of section

13 3733 of title 38, United States Code, is amended by strik14 ing paragraph (2).

15 (b) INCREASE IN MAXIMUM PERCENTAGE.—Para16 graph (1) of such subsection is amended—
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1 (1) by striking ‘‘65 percent’’ in the first sen2 tence and inserting ‘‘85 percent’’;

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

4 ‘‘shall be financed’’; and

5 (3) by striking the second sentence.

6 (c) STYLISTIC AMENDMENTS.—Such section is fur7 ther amended—

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

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

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

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

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

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

14 it appears in subsection (a)(4).

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

16 FILIPINO VETERANS AND THEIR SURVIVORS

17 RESIDING IN THE UNITED STATES.

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

19 United States Code, is amended—

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

21 striking ‘‘Payments’’ and inserting ‘‘Except as pro22 vided in subsection (c), payments’’; and

23 (2) in subsection (c)—
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1 (A) by inserting ‘‘and subchapter II of

2 chapter 13 (except section 1312(a)) of this

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

4 (B) by striking ‘‘in subsection (a)’’ and in5 serting ‘‘in subsection (a) or (b)’’; and

6 (C) by striking ‘‘of subsection (a)’’ and in7 serting ‘‘of the applicable subsection’’.

8 (b) EFFECTIVE DATE.—The amendments made by

9 subsection (a) shall apply to benefits paid for months be10 ginning after the date of the enactment of this Act.

11 SEC. 17. BURIAL BENEFITS FOR NEW PHILIPPINE SCOUTS

12 RESIDING IN THE UNITED STATES.

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

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

15 amended—

16 (1) in subsection (b)(2)—

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

18 comma; and

19 (B) by inserting ‘‘, 23, and 24 (to the ex20 tent provided for in section 2402(8))’’ after

21 ‘‘(except section 1312(a))’’;

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

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

24 after ‘‘subsection (c)’’;
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1 (3) in subsection (d)(1), by inserting ‘‘or (b), as

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

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

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

5 after the date of the enactment of the Veterans Ben6 efits Act of 2003,’’ after ‘‘November 1, 2000,’’.

7 (b) NATIONAL CEMETERY INTERMENT.—Section

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

9 107(a)’’ and inserting ‘‘subsection (a) or (b) of section

10 107’’.

11 (c) EFFECTIVE DATE.—The amendments made by

12 subsections (a) and (b) shall apply with respect to deaths

13 occurring after the date of the enactment of this Act.

14 SEC. 18. EXTENSION OF AUTHORITY TO MAINTAIN RE15 GIONAL OFFICE IN THE REPUBLIC OF THE

16 PHILIPPINES.

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

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

19 ‘‘December 31, 2009’’.

20 SEC. 19. OUTSTATIONING OF TRANSITION ASSISTANCE

21 PROGRAM PERSONNEL.

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

23 States Code, is amended by adding at the end the fol24 lowing new section:
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1 ‘‘§ 4113. Outstationing of Transition Assistance Pro2 gram personnel

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

4 MILITARY INSTALLATIONS.—(1) The Secretary—

5 ‘‘(A) shall station employees of the Veterans’

6 Employment and Training Service, or contractors

7 under subsection (c), at each veterans assistance of8 fice described in paragraph (2); and

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

10 at such other military installations outside the

11 United States as the Secretary, after consultation

12 with the Secretary of Defense, determines to be ap13 propriate or desirable to carry out the purposes of

14 this chapter.

15 ‘‘(2) Veterans assistance offices referred to in para16 graph (1)(A) are those offices that are established by the

17 Secretary of Veterans Affairs on military installations pur18 suant to the second sentence of section 7723(a) of this

19 title.

20 ‘‘(b) FUNCTIONS.—Employees (or contractors) sta21 tioned at military installations pursuant to subsection (a)

22 shall provide, in person, counseling, assistance in identi23 fying employment and training opportunities, help in ob24 taining such employment and training, and other related

25 information and services to members of the Armed Forces

26 who are being separated from active duty, and the spouses
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1 of such members, under the Transition Assistance Pro2 gram and Disabled Transition Assistance Program estab3 lished in section 1144 of title 10.

4 ‘‘(c) AUTHORITY TO CONTRACT WITH PRIVATE EN5 TITIES.—The Secretary, consistent with such section

6 1144, may enter into contracts with public or private enti7 ties to provide, in person, some or all of the counseling,

8 assistance, information and services under the Transition

9 Assistance Program required under subsection (a).’’.

10 (2) The table of sections at the beginning of such

11 chapter is amended by adding at the end the following

12 new item:

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

13 (b) DEADLINE FOR IMPLEMENTATION.—Not later

14 than the date that is 90 days after the date of the enact15 ment of this Act, the Secretary of Labor shall implement

16 section 4113 of title 38, United States Code, as added by

17 subsection (a), and shall have employees of the Veterans’

18 Employment and Training Service, or contractors, to

19 carry out that section at the military installations involved

20 by such date.

21 SEC. 20. FORFEITURE OF BENEFITS FOR SUBVERSIVE AC22 TIVITIES.

23 (a) ADDITION OF CERTAIN OFFENSES.—Paragraph

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

25 amended—
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1 (1) by inserting ‘‘175, 229,’’ after ‘‘sections’’;

2 and

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

4 after ‘‘798,’’.

5 (b) EFFECTIVE DATE.—The amendments made by

6 subsection (a) shall apply to claims filed after the date

7 of the enactment of this Act.

8 SEC. 21. TECHNICAL AMENDMENTS RELATED TO JOBS FOR

9 VETERANS ACT.

10 (a) JOB TRAINING AND PLACEMENT FUNCTIONS OF

11 THE DEPARTMENT OF LABOR.—(1) Subsection

12 (c)(2)(B)(ii) of section 4102A of such title is amended by

13 striking ‘‘October 1, 2002’’ and inserting ‘‘October 1,

14 2003’’.

15 (2) The amendment made by paragraph (1) shall

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

17 of the Jobs for Veterans Act (Public Law 107–288; 116

18 Stat. 2038).

19 (b) OTHER TECHNICAL AMENDMENTS.—(1) Such

20 subsection is further amended by striking ‘‘, as amended

21 by the Jobs for Veterans Act’’.

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

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

24 section,’’ and inserting ‘‘May 7, 2003,’’.
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1 SEC. 22. TECHNICAL AND CONFORMING RELATING TO ES2 TABLISHMENT OF SOCIAL SECURITY ADMIN3 ISTRATION AS AN INDEPENDENT AGENCY.

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

5 (1) Section 1322 is amended—

6 (A) in subsection (a), by striking ‘‘Sec7 retary of Health and Human Services’’ and all

8 that follows through the period and inserting

9 ‘‘Commissioner of Social Security, and shall be

10 certified by the Commissioner to the Secretary

11 upon request of the Secretary.’’; and

12 (B) in subsection (b)—

13 (i) by striking ‘‘Secretary of Health

14 and Human Services’’ in the first sentence

15 and inserting ‘‘Commissioner of Social Se16 curity’’;

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

18 and inserting ‘‘the Secretary and the Com19 missioner’’; and

20 (iii) by striking ‘‘Secretary of Health

21 and Human Services’’ in the second sen22 tence and inserting ‘‘Commissioner’’.

23 (2) Section 5101(a) is amended by striking

24 ‘‘Secretary of Health and Human Services’’ and in25 serting ‘‘Commissioner of Social Security’’.
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1 (3) Section 5317 is amended by striking ‘‘Sec2 retary of Health and Human Services’’ in sub3 sections (a), (b), and (g) and inserting ‘‘Commis4 sioner of Social Security’’.

5 (4)(A) Section 5318 is amended—

6 (i) in subsection (a), by striking ‘‘Depart7 ment of Health and Human Services’’ and in8 serting ‘‘Social Security Administration’’; and

9 (ii) in subsection (b)—

10 (I) by striking ‘‘Department of Health

11 and Human Services’’ and inserting ‘‘So12 cial Security Administration’’;

13 (II) by striking ‘‘Secretary of Health

14 and Human Services’’ the first place it ap15 pears and inserting ‘‘Commissioner of So16 cial Security’’;

17 (III) by striking ‘‘Secretary of Health

18 and Human Services’’ the second place it

19 appears and inserting ‘‘Commissioner’’;

20 and

21 (IV) by striking ‘‘such Secretaries’’

22 and inserting ‘‘the Secretary and the Com23 missioner’’.

24 (B)(i) The heading of such section is amended

25 to read as follows:
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1 ‘‘§ 5318. Review of Social Security Administration

2 death information’’.

3 (ii) The item relating to that section in the

4 table of sections at the beginning at chapter 53 is

5 amended to read as follows:

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

Passed the House of Representatives October 8,

2003.

Attest:

Clerk.