In the Senate of the United States,

November 19, 2003.

Resolved, That the bill from the House of Representatives (H.R. 2297) entitled ‘‘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.’’,

do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

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’’.
 †

2

HR 2297 EAS

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

2 this Act is as follows:

Sec. 1. Short title; table of contents.

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

TITLE I—SURVIVOR BENEFITS

Sec. 101. Retention of certain veterans survivor benefits for surviving spouses remarrying after age 57.

Sec. 102. Benefits for children with spina bifida of veterans of certain service in

Korea.

Sec. 103. Alternative beneficiaries for National Service Life Insurance and

United States Government Life Insurance.

Sec. 104. Payment of benefits accrued and unpaid at time of death.

TITLE II—BENEFITS FOR FORMER PRISONERS OF WAR AND FOR

FILIPINO VETERANS

SUBTITLE A—FORMER PRISONERS OF WAR

Sec. 201. Presumptions of service-connection relating to diseases and disabilities

of former prisoners of war.

SUBTITLE B—FILIPINO VETERANS

Sec. 211. Rate of payment of benefits for certain Filipino veterans and their survivors residing in the United States.

Sec. 212. Burial benefits for new Philippine Scouts residing in the United States.

Sec. 213. Extension of authority to maintain regional office in the Republic of

the Philippines.

TITLE III—EDUCATION BENEFITS, EMPLOYMENT PROVISIONS, AND

RELATED MATTERS

Sec. 301. Expansion of Montgomery GI Bill education benefits for certain selfemployment training.

Sec. 302. Increase in rates of survivors’ and dependents’ educational assistance.

Sec. 303. Restoration of survivors’ and dependents’ education benefits of individuals being ordered to full-time National Guard duty.

Sec. 304. Rounding down of certain cost-of-living adjustments on educational assistance.

Sec. 305. Authorization for State approving agencies to approve certain entrepreneurship courses.

Sec. 306. Repeal of provisions relating to obsolete education loan program.

Sec. 307. Six-year extension of the Veterans’ Advisory Committee on Education.

Sec. 308. Procurement program for small business concerns owned and controlled

by service-disabled veterans.

Sec. 309. Outstationing of Transition Assistance Program personnel.

TITLE IV—HOUSING BENEFITS AND RELATED MATTERS

Sec. 401. Authorization to provide adapted housing assistance to certain disabled

members of the Armed Forces who remain on active duty.

Sec. 402. Increase in amounts for certain adaptive benefits for disabled veterans.
†

3

HR 2297 EAS

Sec. 403. Permanent authority for housing loans for members of the Selected Reserve.

Sec. 404. Reinstatement of minimum requirements for sale of vendee loans.

Sec. 405. Adjustment to home loan fees.

Sec. 406. One-year extension of procedures on liquidation sales of defaulted home

loans guaranteed by the Department of Veterans Affairs.

TITLE V—BURIAL BENEFITS

Sec. 501. Burial plot allowance.

Sec. 502. Eligibility of surviving spouses who remarry for burial in national

cemeteries.

Sec. 503. Permanent authority for State cemetery grants program.

TITLE VI—EXPOSURE TO HAZARDOUS SUBSTANCES

Sec. 601. Radiation Dose Reconstruction Program of Department of Defense.

Sec. 602. Study on disposition of Air Force Health Study.

Sec. 603. Funding of Medical Follow-Up Agency of Institute of Medicine of National Academy of Sciences for epidemiological research on members of the Armed Forces and veterans.

TITLE VII—OTHER MATTERS

Sec. 701. Time limitations on receipt of claim information pursuant to requests

of Department of Veterans Affairs.

Sec. 702. Clarification of applicability of prohibition on assignment of veterans

benefits to agreements requiring payment of future receipt of

benefits.

Sec. 703. Six-year extension of Advisory Committee on Minority Veterans.

Sec. 704. Temporary authority for performance of medical disabilities examinations by contract physicians.

Sec. 705. Forfeiture of benefits for subversive activities.

Sec. 706. Two-year extension of round-down requirement for compensation costof-living adjustments.

Sec. 707. Codification of requirement for expeditious treatment of cases on remand.

Sec. 708. Technical and clerical amendments.

1 SEC. 2. REFERENCES 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.
†

4

HR 2297 EAS

1 TITLE I—SURVIVOR BENEFITS

2 SEC. 101. RETENTION OF CERTAIN VETERANS SURVIVOR

3 BENEFITS FOR SURVIVING SPOUSES REMAR4 RYING AFTER AGE 57.

5 (a) EXCEPTION TO TERMINATION OF BENEFITS UPON

6 REMARRIAGE.—Section 103(d)(2)(B) is amended by strik7 ing ‘‘The remarriage after age 55’’ and inserting ‘‘The re8 marriage after age 57 of the surviving spouse of a veteran

9 shall not bar the furnishing of benefits specified in para10 graph (5) to such person as the surviving spouse of the vet11 eran. Notwithstanding the previous sentence, the remarriage

12 after age 55’’.

13 (b) COORDINATION OF BENEFITS.—Section 1311 is

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

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

16 dependency and indemnity compensation under this section

17 by reason of section 103(d)(2)(B) of this title who is also

18 eligible for benefits under another provision of law by rea19 son of such individual’s status as the surviving spouse of

20 a veteran, then, notwithstanding any other provision of law

21 (other than section 5304(b)(3) of this title), no reduction

22 in benefits under such other provision of law shall be made

23 by reason of such individual’s eligibility for benefits under

24 this section.’’.
†

5

HR 2297 EAS

1 (c) EFFECTIVE DATE.—The amendments made by sub2 sections (a) and (b) shall take effect on January 1, 2004.

3 (d) RETROACTIVE BENEFITS PROHIBITED.—No ben4 efit may be paid to any person by reason of the amendments

5 made by subsections (a) and (b) for any period before the

6 effective date specified in subsection (c).

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

8 individual who but for having remarried would be eligible

9 for benefits under title 38, United States Code, by reason

10 of the amendment made by subsection (a) and whose remar11 riage was before the date of the enactment of this Act and

12 after the individual had attained age 57, the individual

13 shall be eligible for such benefits by reason of such amend14 ment only if the individual submits an application for such

15 benefits to the Secretary of Veterans Affairs not later than

16 the end of the one-year period beginning on the date of the

17 enactment of this Act.

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

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

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

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

22 ‘‘(c)’’ and inserting ‘‘before the end of the one-year period

23 beginning on the date of the enactment of the Veterans Bene24 fits Act of 2003’’.
†

6

HR 2297 EAS

1 SEC. 102. BENEFITS FOR CHILDREN WITH SPINA BIFIDA OF

2 VETERANS OF CERTAIN SERVICE IN KOREA.

3 (a) IN GENERAL.—Chapter 18 is amended—

4 (1) by redesignating subchapter III, and sections

5 1821, 1822, 1823, and 1824, as subchapter IV, and

6 sections 1831, 1832, 1833, and 1834, respectively; and

7 (2) by inserting after subchapter II the following

8 new subchapter III:

9 ‘‘SUBCHAPTER III—CHILDREN OF CERTAIN

10 KOREA SERVICE VETERANS BORN WITH

11 SPINA BIFIDA

12 ‘‘§ 1821. Benefits for children of certain Korea service

13 veterans born with spina bifida

14 ‘‘(a) BENEFITS AUTHORIZED.—The Secretary may

15 provide to any child of a veteran of covered service in Korea

16 who is suffering from spina bifida the health care, voca17 tional training and rehabilitation, and monetary allowance

18 required to be paid to a child of a Vietnam veteran who

19 is suffering from spina bifida under subchapter I of this

20 chapter as if such child of a veteran of covered service in

21 Korea were a child of a Vietnam veteran who is suffering

22 from spina bifida under such subchapter.

23 ‘‘(b) SPINA BIFIDA CONDITIONS COVERED.—This sec24 tion applies with respect to all forms and manifestations

25 of spina bifida, except spina bifida occulta.
†

7

HR 2297 EAS

1 ‘‘(c) VETERAN OF COVERED SERVICE IN KOREA.—For

2 purposes of this section, a veteran of covered service in

3 Korea is any individual, without regard to the character4 ization of that individual’s service, who—

5 ‘‘(1) served in the active military, naval, or air

6 service in or near the Korean demilitarized zone

7 (DMZ), as determined by the Secretary in consulta8 tion with the Secretary of Defense, during the period

9 beginning on September 1, 1967, and ending on Au10 gust 31, 1971; and

11 ‘‘(2) is determined by the Secretary, in consulta12 tion with the Secretary of Defense, to have been ex13 posed to a herbicide agent during such service in or

14 near the Korean demilitarized zone.

15 ‘‘(d) HERBICIDE AGENT.—For purposes of this section,

16 the term ‘herbicide agent’ means a chemical in a herbicide

17 used in support of United States and allied military oper18 ations in or near the Korean demilitarized zone, as deter19 mined by the Secretary in consultation with the Secretary

20 of Defense, during the period beginning on September 1,

21 1967, and ending on August 31, 1971.’’.

22 (b) CHILD DEFINED.—Section 1831, as redesignated

23 by subsection (a) of this section, is amended by striking

24 paragraph (1) and inserting the following new paragraph

25 (1):
†

8

HR 2297 EAS

1 ‘‘(1) The term ‘child’ means the following:

2 ‘‘(A) For purposes of subchapters I and II

3 of this chapter, an individual, regardless of age

4 or marital status, who—

5 ‘‘(i) is the natural child of a Vietnam

6 veteran; and

7 ‘‘(ii) was conceived after the date on

8 which that veteran first entered the Repub9 lic of Vietnam during the Vietnam era.

10 ‘‘(B) For purposes of subchapter III of this

11 chapter, an individual, regardless of age or mar12 ital status, who—

13 ‘‘(i) is the natural child of a veteran of

14 covered service in Korea (as determined for

15 purposes of section 1821 of this title); and

16 ‘‘(ii) was conceived after the date on

17 which that veteran first entered service de18 scribed in subsection (c) of that section.’’.

19 (c) NONDUPLICATION OF BENEFITS.—Subsection (a) of

20 section 1834, as redesignated by subsection (a) of this sec21 tion, is amended by adding at the end the following new

22 sentence: ‘‘In the case of a child eligible for benefits under

23 subchapter I or II of this chapter who is also eligible for

24 benefits under subchapter III of this chapter, a monetary
†

9

HR 2297 EAS

1 allowance shall be paid under the subchapter of this chapter

2 elected by the child.’’.

3 (d) CONFORMING AMENDMENTS.—(1) Section

4 1811(1)(A) is amended by striking ‘‘section 1821(1)’’ and

5 inserting ‘‘section 1831(1)’’.

6 (2) The heading for chapter 18 is amended to read as

7 follows:

8 ‘‘CHAPTER 18—BENEFITS FOR CHILDREN

9 OF VIETNAM VETERANS AND CERTAIN

10 OTHER VETERANS’’.

11 (e) CLERICAL AMENDMENTS.—(1) The table of sections

12 at the beginning of chapter 18 is amended by striking the

13 items relating to subchapter III and sections 1821, 1822,

14 1823, and 1824 and inserting the following new items:

‘‘SUBCHAPTER III—CHILDREN OF CERTAIN KOREA SERVICE

VETERANS BORN WITH SPINA BIFIDA

‘‘1821. Benefits for children of certain Korea service veterans born with spina

bifida.

‘‘SUBCHAPTER IV—GENERAL PROVISIONS

‘‘1831. Definitions.

‘‘1832. Applicability of certain administrative provisions.

‘‘1833. Treatment of receipt of monetary allowance and other benefits.

‘‘1834. Nonduplication of benefits.’’.

15 (2) The table of chapters at the beginning of title 38,

16 United States Code, and at the beginning of part II, are

17 each amended by striking the item relating to chapter 18

18 and inserting the following new item:

‘‘18. Benefits for Children of Vietnam Veterans and Certain Other Veterans .................................................. 1802’’.
†

10

HR 2297 EAS

1 SEC. 103. ALTERNATIVE BENEFICIARIES FOR NATIONAL

2 SERVICE LIFE INSURANCE AND UNITED

3 STATES GOVERNMENT LIFE INSURANCE.

4 (a) NATIONAL SERVICE LIFE INSURANCE.—Section

5 1917 is amended by adding at the end the following new

6 subsection:

7 ‘‘(f)(1) Following the death of the insured and in a

8 case not covered by subsection (d)—

9 ‘‘(A) if the first beneficiary otherwise entitled to

10 payment of the insurance does not make a claim for

11 such payment within two years after the death of the

12 insured, payment may be made to another beneficiary

13 designated by the insured, in the order of precedence

14 as designated by the insured, as if the first bene15 ficiary had predeceased the insured; and

16 ‘‘(B) if, within four years after the death of the

17 insured, no claim has been filed by a person des18 ignated by the insured as a beneficiary and the Sec19 retary has not received any notice in writing that

20 any such claim will be made, payment may (notwith21 standing any other provision of law) be made to such

22 person as may in the judgment of the Secretary be eq23 uitably entitled thereto.

24 ‘‘(2) Payment of insurance under paragraph (1) shall

25 be a bar to recovery by any other person.’’.
†

11

HR 2297 EAS

1 (b) UNITED STATES GOVERNMENT LIFE INSUR2 ANCE.—Section 1952 is amended by adding at the end the

3 following new subsection:

4 ‘‘(c)(1) Following the death of the insured and in a

5 case not covered by section 1950 of this title—

6 ‘‘(A) if the first beneficiary otherwise entitled to

7 payment of the insurance does not make a claim for

8 such payment within two years after the death of the

9 insured, payment may be made to another beneficiary

10 designated by the insured, in the order of precedence

11 as designated by the insured, as if the first bene12 ficiary had predeceased the insured; and

13 ‘‘(B) if, within four years after the death of the

14 insured, no claim has been filed by a person des15 ignated by the insured as a beneficiary and the Sec16 retary has not received any notice in writing that

17 any such claim will be made, payment may (notwith18 standing any other provision of law) be made to such

19 person as may in the judgment of the Secretary be eq20 uitably entitled thereto.

21 ‘‘(2) Payment of insurance under paragraph (1) shall

22 be a bar to recovery by any other person.’’.

23 (c) EFFECTIVE DATE.—The amendments made by sub24 sections (a) and (b) shall take effect on October 1, 2004.
†

12

HR 2297 EAS

1 (d) TRANSITION PROVISION.—In the case of a person

2 insured under subchapter I or II of chapter 19 of title 38,

3 United States Code, who dies before the effective date of the

4 amendments made by subsections (a) and (b), as specified

5 by subsection (c), the two-year and four-year periods speci6 fied in subsection (f)(1) of section 1917 of title 38, United

7 States Code, as added by subsection (a), and subsection

8 (c)(1) of section 1952 of such title, as added by subsection

9 (b), as applicable, shall for purposes of the applicable sub10 section be treated as being the two-year and four-year peri11 ods, respectively, beginning on the effective date of such

12 amendments, as so specified.

13 SEC. 104. PAYMENT OF BENEFITS ACCRUED AND UNPAID AT

14 TIME OF DEATH.

15 (a) REPEAL OF TWO-YEAR LIMITATION ON PAY16 MENT.—Section 5121(a) is amended by striking ‘‘for a pe17 riod not to exceed two years’’ in the matter preceding para18 graph (1).

19 (b) PAYMENT RECIPIENTS FOR BENEFICIARIES UNDER

20 CHAPTER 18.—Such section is further amended—

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

22 (4);

23 (2) by redesignating paragraph (5) as para24 graph (6); and
†

13

HR 2297 EAS

1 (3) by inserting after paragraph (4) the fol2 lowing new paragraph (5):

3 ‘‘(5) Upon the death of a child claiming benefits

4 under chapter 18 of this title, to the surviving par5 ents.’’.

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

8 (1) in the matter preceding paragraph (1), by

9 striking the comma after ‘‘or decisions’’;

10 (2) by striking the semicolon at the end of para11 graphs (1), (2), (3), and (4), and at the end of sub12 paragraphs (A) and (B) of paragraph (2), and insert13 ing a period.

14 (d) EFFECTIVE DATE.—The amendments made by

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

16 occurring on or after the date of the enactment of this Act.
†

14

HR 2297 EAS

1 TITLE II—BENEFITS FOR

2 FORMER PRISONERS OF WAR

3 AND FOR FILIPINO VETERANS

4 Subtitle A—Former Prisoners of

5 War

6 SEC. 201. PRESUMPTIONS OF SERVICE-CONNECTION RE7 LATING TO DISEASES AND DISABILITIES OF

8 FORMER PRISONERS OF WAR.

9 Subsection (b) of section 1112 is amended to read as

10 follows:

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

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

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

14 ‘‘(A) a disease specified in paragraph (2) which

15 became manifest to a degree of 10 percent or more

16 after active military, naval, or air service shall be

17 considered to have been incurred in or aggravated by

18 such service, notwithstanding that there is no record

19 of such disease during the period of service; and

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

21 a prisoner of war for not less than thirty days, a dis22 ease specified in paragraph (3) which became mani23 fest to a degree of 10 percent or more after active

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

25 have been incurred in or aggravated by such service,
†

15

HR 2297 EAS

1 notwithstanding that there is no record of such dis2 ease during the period of service.

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

4 following:

5 ‘‘(A) Psychosis.

6 ‘‘(B) Any of the anxiety states.

7 ‘‘(C) Dysthymic disorder (or depressive neu8 rosis).

9 ‘‘(D) Organic residuals of frostbite, if the Sec10 retary determines that the veteran was detained or

11 interned in climatic conditions consistent with the oc12 currence of frostbite.

13 ‘‘(E) Post-traumatic osteoarthritis.

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

15 following:

16 ‘‘(A) Avitaminosis.

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

18 ‘‘(C) Chronic dysentery.

19 ‘‘(D) Helminthiasis.

20 ‘‘(E) Malnutrition (including optic atrophy asso21 ciated with malnutrition).

22 ‘‘(F) Pellagra.

23 ‘‘(G) Any other nutritional deficiency.

24 ‘‘(H) Cirrhosis of the liver.
†

16

HR 2297 EAS

1 ‘‘(I) Peripheral neuropathy except where directly

2 related to infectious causes.

3 ‘‘(J) Irritable bowel syndrome.

4 ‘‘(K) Peptic ulcer disease.’’.

5 Subtitle B—Filipino Veterans

6 SEC. 211. RATE OF PAYMENT OF BENEFITS FOR CERTAIN

7 FILIPINO VETERANS AND THEIR SURVIVORS

8 RESIDING IN THE UNITED STATES.

9 (a) RATE OF PAYMENT.—Section 107 is amended—

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

11 striking ‘‘Payments’’ and inserting ‘‘Except as pro12 vided in subsection (c), payments’’; and

13 (2) in subsection (c)—

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

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

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

17 (B) by striking ‘‘in subsection (a)’’ and in18 serting ‘‘in subsection (a) or (b)’’; and

19 (C) by striking ‘‘of subsection (a)’’ and in20 serting ‘‘of the applicable subsection’’.

21 (b) EFFECTIVE DATE.—The amendments made by sub22 section (a) shall apply to benefits paid for months begin23 ning after the date of the enactment of this Act.
†

17

HR 2297 EAS

1 SEC. 212. BURIAL BENEFITS FOR NEW PHILIPPINE SCOUTS

2 RESIDING IN THE UNITED STATES.

3 (a) BENEFIT ELIGIBILITY.—Section 107, as amended

4 by section 211 of this Act, is amended—

5 (1) in subsection (b)(2)—

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

7 comma; and

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

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

10 section 1312(a))’’;

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

12 amended, by inserting ‘‘or (d)’’ after ‘‘subsection (c)’’;

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

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

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

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

17 after the date of the enactment of the Veterans Bene18 fits Act of 2003,’’ after ‘‘November 1, 2000,’’.

19 (b) NATIONAL CEMETERY INTERMENT.—Section

20 2402(8) is amended by striking ‘‘section 107(a)’’ and insert21 ing ‘‘subsection (a) or (b) of section 107’’.

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

23 section shall apply with respect to deaths occurring on or

24 after the date of the enactment of this Act.
†

18

HR 2297 EAS

1 SEC. 213. EXTENSION OF AUTHORITY TO MAINTAIN RE2 GIONAL OFFICE IN THE REPUBLIC OF THE

3 PHILIPPINES.

4 Section 315(b) is amended by striking ‘‘December 31,

5 2003’’ and inserting ‘‘December 31, 2009’’.

6 TITLE III—EDUCATION BENE7 FITS, EMPLOYMENT PROVI8 SIONS, AND RELATED MAT9 TERS

10 SEC. 301. EXPANSION OF MONTGOMERY GI BILL EDU11 CATION BENEFITS FOR CERTAIN SELF-EM12 PLOYMENT TRAINING.

13 (a) DEFINITION OF TRAINING ESTABLISHMENT.—Sec14 tion 3452(e) is amended by striking ‘‘means any’’ and all

15 that follows and inserting ‘‘means any of the following:

16 ‘‘(1) An establishment providing apprentice or

17 other on-job training, including those under the su18 pervision of a college or university or any State de19 partment of education.

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

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

22 period of less than six months that is needed or ac23 cepted for purposes of obtaining licensure to engage in

24 a self-employment occupation or required for owner25 ship and operation of a franchise that is the objective

26 of the training.
†

19

HR 2297 EAS

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

2 ‘‘(4) A Federal or State apprenticeship registra3 tion agency.

4 ‘‘(5) A joint apprenticeship committee estab5 lished pursuant to the Act of August 16, 1937, popu6 larly known as the ‘National Apprenticeship Act’ (29

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

8 ‘‘(6) An agency of the Federal Government au9 thorized to supervise such training.’’.

10 (b) EFFECTIVE DATE.—The amendment made by sub11 section (a) shall take effect on the date that is six months

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

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

14 on or after that date.

15 SEC. 302. INCREASE IN RATES OF SURVIVORS’ AND DE16 PENDENTS’ EDUCATIONAL ASSISTANCE.

17 (a) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL AS18 SISTANCE.—Section 3532 is amended—

19 (1) in subsection (a)—

20 (A) in paragraph (1), by striking ‘‘at the

21 monthly rate of’’ and all that follows and insert22 ing ‘‘at the monthly rate of $788 for full-time,

23 $592 for three-quarter-time, or $394 for half-time

24 pursuit.’’; and
†

20

HR 2297 EAS

1 (B) in paragraph (2), by striking ‘‘at the

2 rate of’’ and all that follows and inserting ‘‘at

3 the rate of the lesser of—

4 ‘‘(A) the established charges for tuition and fees

5 that the educational institution involved requires

6 similarly circumstanced nonveterans enrolled in the

7 same program to pay; or

8 ‘‘(B) $788 per month for a full-time course.’’;

9 (2) in subsection (b), by striking ‘‘$670’’ and in10 serting ‘‘$788’’; and

11 (3) in subsection (c)(2), by striking ‘‘shall be’’

12 and all that follows and inserting ‘‘shall be $636 for

13 full-time, $477 for three-quarter-time, or $319 for

14 half-time pursuit.’’.

15 (b) CORRESPONDENCE COURSES.—Section 3534(b) is

16 amended by striking ‘‘$670’’ and inserting ‘‘$788’’.

17 (c) SPECIAL RESTORATIVE TRAINING.—Section

18 3542(a) is amended—

19 (1) by striking ‘‘$670’’ and inserting ‘‘$788’’;

20 and

21 (2) by striking ‘‘$210’’ each place it appears and

22 inserting ‘‘$247’’.

23 (d) APPRENTICESHIP TRAINING.—Section 3687(b)(2)

24 is amended by striking ‘‘shall be $488 for the first six

25 months’’ and all that follows and inserting ‘‘shall be $574
†

21

HR 2297 EAS

1 for the first six months, $429 for the second six months,

2 $285 for the third six months, and $144 for the fourth and

3 any succeeding six-month period of training.’’.

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

5 section shall take effect on July 1, 2004, and shall apply

6 with respect to educational assistance allowances payable

7 under chapter 35 and section 3687(b)(2) of title 38, United

8 States Code, for months beginning on or after that date.

9 SEC. 303. RESTORATION OF SURVIVORS’ AND DEPENDENTS’

10 EDUCATION BENEFITS OF INDIVIDUALS

11 BEING ORDERED TO FULL-TIME NATIONAL

12 GUARD DUTY.

13 (a) DELIMITING DATE.—Section 3512(h) is amended

14 by inserting ‘‘or is involuntarily ordered to full-time Na15 tional Guard duty under section 502(f) of title 32,’’ after

16 ‘‘title 10,’’.

17 (b) EFFECTIVE DATE.—The amendment made by sub18 section (a) shall take effect as of September 11, 2001.

19 SEC. 304. ROUNDING DOWN OF CERTAIN COST-OF-LIVING

20 ADJUSTMENTS ON EDUCATIONAL ASSIST21 ANCE.

22 (a) BASIC EDUCATIONAL ASSISTANCE UNDER MONT23 GOMERY GI BILL.—Section 3015(h) is amended—

24 (1) by redesignating paragraphs (1) and (2) as

25 subparagraphs (A) and (B), respectively;
†

22

HR 2297 EAS

1 (2) by inserting ‘‘(1)’’ after ‘‘(h)’’;

2 (3) by striking ‘‘(rounded to the nearest dollar)’’;

3 (4) in subparagraph (B), as so redesignated, by

4 striking ‘‘paragraph (1)’’ and inserting ‘‘subpara5 graph (A)’’; and

6 (5) by adding at the end the following new para7 graph:

8 ‘‘(2) Any increase under paragraph (1) in a rate with

9 respect to a fiscal year after fiscal year 2004 and before

10 fiscal year 2014 shall be rounded down to the next lower

11 whole dollar amount. Any such increase with respect to a

12 fiscal year after fiscal year 2013 shall be rounded to the

13 nearest whole dollar amount.’’.

14 (b) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL AS15 SISTANCE.—Section 3564 is amended—

16 (1) by inserting ‘‘(a)’’ before ‘‘With’’;

17 (2) by striking ‘‘(rounded to the nearest dollar)’’;

18 and

19 (3) by adding at the end the following new sub20 section:

21 ‘‘(b) Any increase under subsection (a) in a rate with

22 respect to a fiscal year after fiscal year 2004 and before

23 fiscal year 2014 shall be rounded down to the next lower

24 whole dollar amount. Any such increase with respect to a
†

23

HR 2297 EAS

1 fiscal year after fiscal year 2013 shall be rounded to the

2 nearest whole dollar amount.’’.

3 SEC. 305. AUTHORIZATION FOR STATE APPROVING AGEN4 CIES TO APPROVE CERTAIN ENTREPRENEUR5 SHIP COURSES.

6 (a) APPROVAL OF ENTREPRENEURSHIP COURSES.—

7 Section 3675 is amended by adding at the end the following

8 new subsection:

9 ‘‘(c)(1) A State approving agency may approve the en10 trepreneurship courses offered by a qualified provider of en11 trepreneurship courses.

12 ‘‘(2) For purposes of this subsection, the term ‘entre13 preneurship course’ means a non-degree, non-credit course

14 of business education that enables or assists a person to

15 start or enhance a small business concern (as defined pursu16 ant to section 3(a) of the Small Business Act (15 U.S.C.

17 632(a))).

18 ‘‘(3) Subsection (a) and paragraphs (1) and (2) of sub19 section (b) shall not apply to—

20 ‘‘(A) an entrepreneurship course offered by a

21 qualified provider of entrepreneurship courses; and

22 ‘‘(B) a qualified provider of entrepreneurship

23 courses by reason of such provider offering one or

24 more entrepreneurship courses.’’.
†

24

HR 2297 EAS

1 (b) BUSINESS OWNERS NOT TREATED AS ALREADY

2 QUALIFIED.—Section 3471 is amended by inserting before

3 the last sentence the following: ‘‘The Secretary shall not

4 treat a person as already qualified for the objective of a

5 program of education offered by a qualified provider of en6 trepreneurship courses solely because such person is the

7 owner or operator of a business.’’.

8 (c) INCLUSION OF ENTREPRENEURSHIP COURSES IN

9 DEFINITION OF PROGRAM OF EDUCATION.—Subsection (b)

10 of section 3452 is amended by adding at the end the fol11 lowing: ‘‘Such term also includes any course, or combina12 tion of courses, offered by a qualified provider of entrepre13 neurship courses.’’.

14 (d) INCLUSION OF QUALIFIED PROVIDER OF ENTRE15 PRENEURSHIP COURSES IN DEFINITION OF EDUCATIONAL

16 INSTITUTION.—Subsection (c) of section 3452 is amended

17 by adding at the end the following: ‘‘Such term also includes

18 any qualified provider of entrepreneurship courses.’’.

19 (e) DEFINITION OF QUALIFIED PROVIDER OF ENTRE20 PRENEURSHIP COURSES.—Section 3452 is further amended

21 by adding at the end the following new subsection:

22 ‘‘(h) The term ‘qualified provider of entrepreneurship

23 courses’ means any of the following entities insofar as such

24 entity offers, sponsors, or cosponsors an entrepreneurship

25 course (as defined in section 3675(c)(2) of this title):
†

25

HR 2297 EAS

1 ‘‘(1) Any small business development center de2 scribed in section 21 of the Small Business Act (15

3 U.S.C. 648).

4 ‘‘(2) The National Veterans Business Develop5 ment Corporation (established under section 33 of the

6 Small Business Act (15 U.S.C. 657c)).’’.

7 (f) EFFECTIVE DATE.—The amendments made by this

8 section shall apply to courses approved by State approving

9 agencies after the date of the enactment of this Act.

10 SEC. 306. REPEAL OF PROVISIONS RELATING TO OBSOLETE

11 EDUCATION LOAN PROGRAM.

12 (a) TERMINATION OF PROGRAM.—The Secretary of

13 Veterans Affairs may not make a loan under subchapter

14 III of chapter 36 of title 38, United States Code, after the

15 date of the enactment of this Act.

16 (b) DISCHARGE OF LIABILITIES.—Effective as of the

17 date of the transfer of funds under subsection (c)—

18 (1) any liability on an education loan under

19 subchapter III of chapter 36 of title 38, United States

20 Code, that is outstanding as of such date shall be

21 deemed discharged; and

22 (2) the right of the United States to recover an

23 overpayment declared under section 3698(e)(1) of

24 such title that is outstanding as of such date shall be

25 deemed waived.
†

26

HR 2297 EAS

1 (c) TERMINATION OF LOAN FUND.—(1) Effective as of

2 the day before the date of the repeal under this section of

3 subchapter III of chapter 36 of title 38, United States Code,

4 all monies in the revolving fund of the Treasury known as

5 the ‘‘Department of Veterans Affairs Education Loan

6 Fund’’ shall be transferred to the Department of Veterans

7 Affairs Readjustment Benefits Account, and the revolving

8 fund shall be closed.

9 (2) Any monies transferred to the Department of Vet10 erans Affairs Readjustment Benefits Account under para11 graph (1) shall be merged with amounts in that account

12 and shall be available for the same purposes, and subject

13 to the same conditions and limitations, as amounts in that

14 account.

15 (d) USE OF ENTITLEMENT TO VETERANS EDU16 CATIONAL ASSISTANCE FOR EDUCATION LOAN PROGRAM.—

17 Section 3462(a) is amended by striking paragraph (2).

18 (e) REPEAL OF EDUCATION LOAN PROGRAM.—Sub19 chapter III of chapter 36 is repealed.

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

21 3485(e)(1) is amended by striking ‘‘(other than an edu22 cation loan under subchapter III)’’.

23 (2) Section 3512 is amended by striking subsection (f).

24 (g) CLERICAL AMENDMENT.—The table of sections at

25 the beginning of chapter 36 is amended by striking the
†

27

HR 2297 EAS

1 items relating to subchapter III and sections 3698 and

2 3699.

3 (h) EFFECTIVE DATES.—(1) The amendments made

4 by subsection (d) shall take effect on the date of the enact5 ment of this Act.

6 (2) The amendments made by subsections (e), (f), and

7 (g) shall take effect 90 days after the date of the enactment

8 of this Act.

9 SEC. 307. SIX-YEAR EXTENSION OF THE VETERANS’ ADVI10 SORY COMMITTEE ON EDUCATION.

11 (a) MEMBERSHIP.—Subsection (a) of section 3692 is

12 amended in the second sentence by inserting ‘‘, to the max13 imum extent practicable,’’ after ‘‘The committee shall also’’.

14 (b) EXTENSION.—Subsection (c) of that section is

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

16 ‘‘December 31, 2009’’.

17 (c) TECHNICAL AMENDMENTS.—That section is further

18 amended—

19 (1) in subsections (a) and (b), by striking ‘‘chap20 ter 106’’ each place it appears and inserting ‘‘chapter

21 1606’’; and

22 (2) in subsection (b), by striking ‘‘chapter 30’’

23 and inserting ‘‘chapters 30’’.
†

28

HR 2297 EAS

1 SEC. 308. PROCUREMENT PROGRAM FOR SMALL BUSINESS

2 CONCERNS OWNED AND CONTROLLED BY

3 SERVICE-DISABLED VETERANS.

4 The Small Business Act (15 U.S.C. 631 et seq.) is

5 amended by redesignating section 36 as section 37 and by

6 inserting after section 35 the following new section:

7 ‘‘SEC. 36. PROCUREMENT PROGRAM FOR SMALL BUSINESS

8 CONCERNS OWNED AND CONTROLLED BY

9 SERVICE-DISABLED VETERANS.

10 ‘‘(a) SOLE SOURCE CONTRACTS.—In accordance with

11 this section, a contracting officer may award a sole source

12 contract to any small business concern owned and con13 trolled by service-disabled veterans if—

14 ‘‘(1) such concern is determined to be a respon15 sible contractor with respect to performance of such

16 contract opportunity and the contracting officer does

17 not have a reasonable expectation that 2 or more

18 small business concerns owned and controlled by serv19 ice-disabled veterans will submit offers for the con20 tracting opportunity;

21 ‘‘(2) the anticipated award price of the contract

22 (including options) will not exceed—

23 ‘‘(A) $5,000,000, in the case of a contract

24 opportunity assigned a standard industrial clas25 sification code for manufacturing; or
†

29

HR 2297 EAS

1 ‘‘(B) $3,000,000, in the case of any other

2 contract opportunity; and

3 ‘‘(3) in the estimation of the contracting officer,

4 the contract award can be made at a fair and reason5 able price.

6 ‘‘(b) RESTRICTED COMPETITION.—In accordance with

7 this section, a contracting officer may award contracts on

8 the basis of competition restricted to small business concerns

9 owned and controlled by service-disabled veterans if the con10 tracting officer has a reasonable expectation that not less

11 than 2 small business concerns owned and controlled by

12 service-disabled veterans will submit offers and that the

13 award can be made at a fair market price.

14 ‘‘(c) RELATIONSHIP TO OTHER CONTRACTING PREF15 ERENCES.—A procurement may not be made from a source

16 on the basis of a preference provided under subsection (a)

17 or (b) if the procurement would otherwise be made from

18 a different source under section 4124 or 4125 of title 18,

19 United States Code, or the Javits-Wagner-O’Day Act (41

20 U.S.C. 46 et seq.).

21 ‘‘(d) ENFORCEMENT; PENALTIES.—Rules similar to

22 the rules of paragraphs (5) and (6) of section 8(m) shall

23 apply for purposes of this section.

24 ‘‘(e) CONTRACTING OFFICER.—For purposes of this

25 section, the term ‘contracting officer’ has the meaning given
†

30

HR 2297 EAS

1 such term in section 27(f)(5) of the Office of Federal Pro2 curement Policy Act (41 U.S.C. 423(f)(5)).’’.

3 SEC. 309. OUTSTATIONING OF TRANSITION ASSISTANCE

4 PROGRAM PERSONNEL.

5 (a) IN GENERAL.—(1) Chapter 41 is amended by add6 ing at the end the following new section:

7 ‘‘§ 4113. Outstationing of Transition Assistance Pro8 gram personnel

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

10 MILITARY INSTALLATIONS.—(1) The Secretary—

11 ‘‘(A) shall station employees of the Veterans’ Em12 ployment and Training Service, or contractors under

13 subsection (c), at each veterans assistance office de14 scribed in paragraph (2); and

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

16 at such other military installations outside the United

17 States as the Secretary, after consultation with the

18 Secretary of Defense, determines to be appropriate or

19 desirable to carry out the purposes of this chapter.

20 ‘‘(2) Veterans assistance offices referred to in para21 graph (1)(A) are those offices that are established by the

22 Secretary of Veterans Affairs on military installations pur23 suant to the second sentence of section 7723(a) of this title.

24 ‘‘(b) FUNCTIONS.—Employees (or contractors) sta25 tioned at military installations pursuant to subsection (a)
†

31

HR 2297 EAS

1 shall provide, in person, counseling, assistance in identi2 fying employment and training opportunities, help in ob3 taining such employment and training, and other related

4 information and services to members of the Armed Forces

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

6 of such members, under the Transition Assistance Program

7 and Disabled Transition Assistance Program established in

8 section 1144 of title 10.

9 ‘‘(c) AUTHORITY TO CONTRACT WITH PRIVATE ENTI10 TIES.—The Secretary, consistent with section 1144 of title

11 10, may enter into contracts with public or private entities

12 to provide, in person, some or all of the counseling, assist13 ance, information and services under the Transition Assist14 ance Program required under subsection (a).’’.

15 (2) The table of sections at the beginning of such chap16 ter is amended by adding at the end the following new item:

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

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

18 90 days after the date of the enactment of this Act, the Sec19 retary of Labor shall implement section 4113 of title 38,

20 United States Code, as added by subsection (a), and shall

21 have employees of the Veterans’ Employment and Training

22 Service, or contractors, to carry out that section at the mili23 tary installations involved by such date.

24 (c) ADDITIONAL AMENDMENT.—(1) The second sen25 tence of section 7723(a) is amended by inserting ‘‘and tak-
†

32

HR 2297 EAS

1 ing into account recommendations, if any, of the Secretary

2 of Labor’’ after ‘‘Secretary of Defense’’

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

4 apply with respect to offices established after the date of

5 the enactment of this Act.

6 TITLE IV—HOUSING BENEFITS

7 AND RELATED MATTERS

8 SEC. 401. AUTHORIZATION TO PROVIDE ADAPTED HOUSING

9 ASSISTANCE TO CERTAIN DISABLED MEM10 BERS OF THE ARMED FORCES WHO REMAIN

11 ON ACTIVE DUTY.

12 Section 2101 is amended by adding at the end the fol13 lowing new subsection:

14 ‘‘(c)(1) The Secretary may provide assistance under

15 subsection (a) to a member of the Armed Forces serving on

16 active duty who is suffering from a disability described in

17 paragraph (1), (2), or (3) of that subsection if such dis18 ability is the result of an injury incurred or disease con19 tracted in or aggravated in line of duty in the active mili20 tary, naval, or air service. Such assistance shall be provided

21 to the same extent as assistance is provided under that sub22 section to veterans eligible for assistance under that sub23 section and subject to the requirements of the second sen24 tence of that subsection.
†

33

HR 2297 EAS

1 ‘‘(2) The Secretary may provide assistance under sub2 section (b) to a member of the Armed Forces serving on

3 active duty who is suffering from a disability described in

4 subparagraph (A) or (B) of paragraph (1) of that subsection

5 if such disability is the result of an injury incurred or dis6 ease contracted in or aggravated in line of duty in the ac7 tive military, naval, or air service. Such assistance shall

8 be provided to the same extent as assistance is provided

9 under that subsection to veterans eligible for assistance

10 under that subsection and subject to the requirements of

11 paragraph (2) of that subsection.’’.

12 SEC. 402. INCREASE IN AMOUNTS FOR CERTAIN ADAPTIVE

13 BENEFITS FOR DISABLED VETERANS.

14 (a) INCREASE IN ASSISTANCE AMOUNT FOR SPE15 CIALLY ADAPTED HOUSING.—Section 2102 is amended—

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

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

18 ‘‘$50,000’’; and

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

20 and inserting ‘‘$10,000’’.

21 (b) INCREASE IN AMOUNT OF ASSISTANCE FOR AUTO22 MOBILE AND ADAPTIVE EQUIPMENT FOR CERTAIN DIS23 ABLED VETERANS.—Section 3902(a) is amended by strik24 ing ‘‘$9,000’’ and inserting ‘‘$11,000’’.
†

34

HR 2297 EAS

1 (c) EFFECTIVE DATE.—The amendments made by sub2 sections (a) and (b) shall apply with respect to assistance

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

4 SEC. 403. PERMANENT AUTHORITY FOR HOUSING LOANS

5 FOR MEMBERS OF THE SELECTED RESERVE.

6 Section 3702(a)(2)(E) is amended by striking ‘‘For the

7 period’’ and all that follows through ‘‘each’’ and inserting

8 ‘‘Each’’.

9 SEC. 404. REINSTATEMENT OF MINIMUM REQUIREMENTS

10 FOR SALE OF VENDEE LOANS.

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

12 is amended by adding at the end the following new para13 graph:

14 ‘‘(7) During the period that begins on the date of the

15 enactment of the Veterans’ Benefits Act of 2003 and ends

16 on September 30, 2013, the Secretary shall carry out the

17 provisions of this subsection as if—

18 ‘‘(A) the references in the first sentence of para19 graph (1) to ‘65 percent’ and ‘may be financed’ were

20 references to ‘85 percent’ and ‘shall be financed’, re21 spectively;

22 ‘‘(B) the second sentence of paragraph (1) were

23 repealed; and
†

35

HR 2297 EAS

1 ‘‘(C) the reference in paragraph (2) to ‘Sep2 tember 30, 1990,’ were a reference to ‘September 30,

3 2013,’.’’.

4 (b) STYLISTIC AMENDMENTS.—Such section is further

5 amended—

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

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

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

9 (B) ‘‘paragraph (5)’’ in subsection

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

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

12 appears in subsection (a)(4).

13 SEC. 405. ADJUSTMENT TO HOME LOAN FEES.

14 Effective January 1, 2004, paragraph (2) of section

15 3729(b) is amended to read as follows:

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

17 is as follows:

‘‘LOAN FEE TABLE

Type of loan Active duty

veteran Reservist 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 January 1,

2004) ............................................................................................................. 2.00 2.75 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 January 1, 2004, and before October 1, 2004) ................................................... 2.20 2.40 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, 2004, and before October 1, 2011) .......................................................... 2.15 2.40 NA

(A)(iv) 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 1.65 NA
†

36

HR 2297 EAS

‘‘LOAN FEE TABLE—Continued

Type of loan Active duty

veteran Reservist Other obligor

(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 January 1, 2004) .................................. 3.00 3.00 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 January 1, 2004, and before October 1, 2011) ............................................................................................... 3.30 3.30 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, 2011 and before October 1, 2013) ................................................................................................... 2.15 2.15 NA

(B)(iv) 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 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 1.75 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 1.00 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 1.50 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 0.75 NA

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

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

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

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

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

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

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

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

1 SEC. 406. ONE-YEAR EXTENSION OF PROCEDURES ON LIQ2 UIDATION SALES OF DEFAULTED HOME

3 LOANS GUARANTEED BY THE DEPARTMENT

4 OF VETERANS AFFAIRS.

5 Section 3732(c)(11) is amended by striking ‘‘October

6 1, 2011’’ and inserting ‘‘October 1, 2012’’.

7 TITLE V—BURIAL BENEFITS

8 SEC. 501. BURIAL PLOT ALLOWANCE.

9 (a) IN GENERAL.—Section 2303(b) is amended—
†

37

HR 2297 EAS

1 (1) in the matter preceding paragraph (1), by

2 striking ‘‘a burial allowance under such section 2302,

3 or under such subsection, who was discharged from

4 the active military, naval, or air service for a dis5 ability incurred or aggravated in line of duty, or who

6 is a veteran of any war’’ and inserting ‘‘burial in a

7 national cemetery under section 2402 of this title’’;

8 and

9 (2) in paragraph (2), by striking ‘‘(other than a

10 veteran whose eligibility for benefits under this sub11 section is based on being a veteran of any war)’’ and

12 inserting ‘‘is eligible for a burial allowance under sec13 tion 2302 of this title or under subsection (a) of this

14 section, or was discharged from the active military,

15 naval, or air service for a disability incurred or ag16 gravated in line of duty, and such veteran’’.

17 (b) CONFORMING AMENDMENT.—Section 2307 is

18 amended in the last sentence by striking ‘‘and (b)’’ and in19 serting ‘‘and (b)(2)’’.

20 SEC. 502. ELIGIBILITY OF SURVIVING SPOUSES WHO RE21 MARRY FOR BURIAL IN NATIONAL CEME22 TERIES.

23 (a) ELIGIBILITY.—Section 2402(5) is amended by

24 striking ‘‘(which for purposes of this chapter includes an

25 unremarried surviving spouse who had a subsequent remar-
†

38

HR 2297 EAS

1 riage which was terminated by death or divorce)’’ and in2 serting ‘‘(which for purposes of this chapter includes a sur3 viving spouse who had a subsequent remarriage)’’.

4 (b) EFFECTIVE DATE.—The amendment made by sub5 section (a) shall apply with respect to deaths occurring on

6 or after January 1, 2000.

7 SEC. 503. PERMANENT AUTHORITY FOR STATE CEMETERY

8 GRANTS PROGRAM.

9 (a) PERMANENT AUTHORITY.—Subsection (a) of sec10 tion 2408 is amended—

11 (1) by striking ‘‘(1)’’; and

12 (2) by striking paragraph (2).

13 (b) CONFORMING AMENDMENT.—Subsection (e) of such

14 section is amended by striking ‘‘Sums appropriated under

15 subsection (a) of this section’’ and inserting ‘‘Amounts ap16 propriated to carry out this section’’.

17 (c) TECHNICAL AMENDMENT TO REPEAL OBSOLETE

18 PROVISION.—Subsection (d)(1) of such section is amended

19 by striking ‘‘on or after November 21, 1997,’’.

20 TITLE VI—EXPOSURE TO

21 HAZARDOUS SUBSTANCES

22 SEC. 601. RADIATION DOSE RECONSTRUCTION PROGRAM

23 OF DEPARTMENT OF DEFENSE.

24 (a) REVIEW OF MISSION, PROCEDURES, AND ADMINIS25 TRATION.—(1) The Secretary of Veterans Affairs and the
†

39

HR 2297 EAS

1 Secretary of Defense shall jointly conduct a review of the

2 mission, procedures, and administration of the Radiation

3 Dose Reconstruction Program of the Department of Defense.

4 (2) In conducting the review under paragraph (1), the

5 Secretaries shall—

6 (A) determine whether any additional actions

7 are required to ensure that the quality assurance and

8 quality control mechanisms of the Radiation Dose Re9 construction Program are adequate and sufficient for

10 purposes of the program; and

11 (B) determine the actions that are required to

12 ensure that the mechanisms of the Radiation Dose Re13 construction Program for communication and inter14 action with veterans are adequate and sufficient for

15 purposes of the program, including mechanisms to

16 permit veterans to review the assumptions utilized in

17 their dose reconstructions.

18 (3) Not later than 90 days after the date of the enact19 ment of this Act, the Secretaries shall jointly submit to Con20 gress a report on the review under paragraph (1). The re21 port shall set forth—

22 (A) the results of the review;

23 (B) a plan for any actions determined to be re24 quired under paragraph (2); and
†

40

HR 2297 EAS

1 (C) such other recommendations for the improve2 ment of the mission, procedures, and administration

3 of the Radiation Dose Reconstruction Program as the

4 Secretaries jointly consider appropriate.

5 (b) ON-GOING REVIEW AND OVERSIGHT.—The Secre6 taries shall jointly take appropriate actions to ensure the

7 on-going independent review and oversight of the Radiation

8 Dose Reconstruction Program, including the establishment

9 of the advisory board required by subsection (c).

10 (c) ADVISORY BOARD.—(1) In taking actions under

11 subsection (b), the Secretaries shall jointly appoint an advi12 sory board to provide review and oversight of the Radiation

13 Dose Reconstruction Program.

14 (2) The advisory board under paragraph (1) shall be

15 composed of the following:

16 (A) At least one expert in historical dose recon17 struction of the type conducted under the Radiation

18 Dose Reconstruction Program.

19 (B) At least one expert in radiation health mat20 ters.

21 (C) At least one expert in risk communications

22 matters.

23 (D) A representative of the Department of Vet24 erans Affairs.
†

41

HR 2297 EAS

1 (E) A representative of the Defense Threat Re2 duction Agency.

3 (F) At least three veterans, including at least one

4 veteran who is a member of an atomic veterans

5 group.

6 (3) The advisory board under paragraph (1) shall—

7 (A) conduct periodic, random audits of dose re8 constructions under the Radiation Dose Reconstruc9 tion Program and of decisions by the Department of

10 Veterans Affairs on claims for service connection of

11 radiogenic diseases;

12 (B) assist the Department of Veterans Affairs

13 and the Defense Threat Reduction Agency in commu14 nicating to veterans information on the mission, pro15 cedures, and evidentiary requirements of the Radi16 ation Dose Reconstruction Program; and

17 (C) carry out such other activities with respect

18 to the review and oversight of the Radiation Dose Re19 construction Program as the Secretaries shall jointly

20 specify.

21 (4) The advisory board under paragraph (1) may

22 make such recommendations on modifications in the mis23 sion or procedures of the Radiation Dose Reconstruction

24 Program as the advisory board considers appropriate as a

25 result of the audits conducted under paragraph (3)(A).
†

42

HR 2297 EAS

1 SEC. 602. STUDY ON DISPOSITION OF AIR FORCE HEALTH

2 STUDY.

3 (a) STUDY REQUIRED.—The Secretary of Veterans Af4 fairs shall, in accordance with this section, carry out a

5 study to determine the appropriate disposition of the Air

6 Force Health Study, an epidemiologic study of Air Force

7 personnel who were responsible for conducting aerial spray

8 missions of herbicides during the Vietnam era.

9 (b) STUDY THROUGH NATIONAL ACADEMY OF

10 SCIENCES.—Not later than 60 days after the date of the

11 enactment of this Act, the Secretary shall seek to enter into

12 an agreement with the National Academy of Sciences, or

13 another appropriate scientific organization, to carry out the

14 study required by subsection (a).

15 (c) ELEMENTS.—Under the study under subsection

16 (a), the National Academy of Sciences, or other appropriate

17 scientific organization, shall address the following:

18 (1) The scientific merit of retaining and main19 taining the medical records, other study data, and

20 laboratory specimens collected in the course of the Air

21 Force Health Study after the currently-scheduled ter22 mination date of the study in 2006.

23 (2) Whether or not any obstacles exist to retain24 ing and maintaining the medical records, other study

25 data, and laboratory specimens referred to in para26 graph (1), including privacy concerns.
†

43

HR 2297 EAS

1 (3) The advisability of providing independent

2 oversight of the medical records, other study data, and

3 laboratory specimens referred to in paragraph (1),

4 and of any further study of such records, data, and

5 specimens, and, if so, the mechanism for providing

6 such oversight.

7 (4) The advisability of extending the Air Force

8 Health Study, including the potential value and rel9 evance of extending the study, the potential cost of ex10 tending the study, and the Federal or non-Federal en11 tity best suited to continue the study if extended.

12 (5) The advisability of making the laboratory

13 specimens of the Air Force Health Study available for

14 independent research, including the potential value

15 and relevance of such research, and the potential cost

16 of such research.

17 (d) REPORT.—Not later than 120 days after entering

18 into an agreement under subsection (b), the National Acad19 emy of Sciences, or other appropriate scientific organiza20 tion, shall submit to the Secretary and Congress a report

21 on the results of the study under subsection (a). The report

22 shall include the results of the study, including the matters

23 addressed under subsection (c), and such other recommenda24 tions as the Academy, or other appropriate scientific orga25 nization, considers appropriate as a result of the study.
†

44

HR 2297 EAS

1 SEC. 603. FUNDING OF MEDICAL FOLLOW-UP AGENCY OF IN2 STITUTE OF MEDICINE OF NATIONAL ACAD3 EMY OF SCIENCES FOR EPIDEMIOLOGICAL

4 RESEARCH ON MEMBERS OF THE ARMED

5 FORCES AND VETERANS.

6 (a) FUNDING.—(1) The Secretary of Veterans Affairs

7 and the Secretary of Defense shall each make available to

8 the National Academy of Sciences in each of fiscal years

9 2004 through 2013 the amount of $250,000 for the Medical

10 Follow-Up Agency of the Institute of Medicine of the Acad11 emy for purposes of epidemiological research on members

12 of the Armed Forces and veterans.

13 (2) The Secretary of Veterans Affairs shall make avail14 able amounts under paragraph (1) for a fiscal year from

15 amounts available for the Department of Veterans Affairs

16 for that fiscal year.

17 (3) The Secretary of Defense shall make available

18 amounts under paragraph (1) for a fiscal year from

19 amounts available for the Department of Defense for that

20 fiscal year.

21 (b) USE OF FUNDS.—The Medical Follow-Up Agency

22 shall use funds made available under subsection (a) for epi23 demiological research on members of the Armed Forces and

24 veterans.

25 (c) SUPPLEMENT NOT SUPPLANT.—Amounts made

26 available to the Medical Follow-Up Agency under this sec-
†

45

HR 2297 EAS

1 tion for a fiscal year for the purposes referred to in sub2 section (b) are in addition to any other amount made avail3 able to the Agency for that fiscal year for those purposes.

4 TITLE VII—OTHER MATTERS

5 SEC. 701. TIME LIMITATIONS ON RECEIPT OF CLAIM INFOR6 MATION PURSUANT TO REQUESTS OF DE7 PARTMENT OF VETERANS AFFAIRS.

8 (a) INFORMATION TO COMPLETE CLAIMS APPLICA9 TIONS.—Section 5102 is amended by adding at the end the

10 following new subsection:

11 ‘‘(c) TIME LIMITATION.—(1) If information that a

12 claimant and the claimant’s representative, if any, are no13 tified under subsection (b) is necessary to complete an ap14 plication is not received by the Secretary within one year

15 from the date such notice is sent, no benefit may be paid

16 or furnished by reason of the claimant’s application.

17 ‘‘(2) This subsection shall not apply to any application

18 or claim for Government life insurance benefits.’’.

19 (b) CONSTRUCTION OF LIMITATION ON INFORMATION

20 TO SUBSTANTIATE CLAIMS.—Section 5103(b) is amended—

21 (1) in paragraph (1), by striking ‘‘if such’’ and

22 all that follows through ‘‘application’’ and inserting

23 ‘‘such information or evidence must be received by the

24 Secretary within one year from the date such notice

25 is sent’’; and
†

46

HR 2297 EAS

1 (2) by adding at the end the following new para2 graph:

3 ‘‘(3) Nothing in paragraph (1) shall be construed to

4 prohibit the Secretary from making a decision on a claim

5 before the expiration of the period referred to in that sub6 section.’’.

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

8 section shall take effect as if enacted on November 9, 2000,

9 immediately after the enactment of the Veterans Claims As10 sistance Act of 2000 (Public Law 106–475; 114 Stat. 2096).

11 (d) PROCEDURES FOR READJUDICATION OF CERTAIN

12 CLAIMS.—(1) The Secretary of Veterans Affairs shall re13 adjudicate a claim of a qualified claimant if the request

14 for such readjudication is received not later than the end

15 of the one-year period that begins on the date of the enact16 ment of this Act.

17 (2) For purposes of this subsection, a claimant is

18 qualified within the meaning of paragraph (1) if the

19 claimant—

20 (A) received notice under section 5103(a) of title

21 38, United States Code, requesting information or

22 evidence to substantiate a claim;

23 (B) did not submit such information or evidence

24 within a year after the date such notice was sent;
†

47

HR 2297 EAS

1 (C) did not file a timely appeal to the Board of

2 Veterans’ Appeals or the United States Court of Ap3 peals for Veterans Claims; and

4 (D) submits such information or evidence during

5 the one-year period referred to in paragraph (1).

6 (3) If the decision of the Secretary on a readjudication

7 under this subsection is in favor of the qualified claimant,

8 the award of the grant shall take effect as if the prior deci9 sion by the Secretary on the claim had not been made.

10 (4) Nothing in this subsection shall be construed to es11 tablish a duty on the part of the Secretary to identify or

12 readjudicate any claim that—

13 (A) is not submitted during the one-year period

14 referred to in paragraph (1); or

15 (B) has been the subject of a timely appeal to the

16 Board of Veterans’ Appeals or the United States

17 Court of Appeals for Veterans Claims.

18 (e) CONSTRUCTION ON PROVIDING RENOTIFICATION.—

19 Nothing in this section, or the amendments made by this

20 section, shall be construed to require the Secretary of Vet21 erans Affairs—

22 (1) to provide notice under section 5103(a) of

23 such title with respect to a claim insofar as the Sec24 retary has previously provided such notice; or
†

48

HR 2297 EAS

1 (2) to provide for a special notice with respect

2 to this section and the amendments made by this sec3 tion.

4 SEC. 702. CLARIFICATION OF APPLICABILITY OF PROHIBI5 TION ON ASSIGNMENT OF VETERANS BENE6 FITS TO AGREEMENTS REQUIRING PAYMENT

7 OF FUTURE RECEIPT OF BENEFITS.

8 Section 5301(a) is amended—

9 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’;

10 (2) by designating the last sentence as paragraph

11 (2); and

12 (3) by adding at the end the following new para13 graph:

14 ‘‘(3)(A) This paragraph is intended to clarify that, in

15 any case where a beneficiary entitled to compensation, pen16 sion, or dependency and indemnity compensation enters

17 into an agreement with another person under which agree18 ment such other person acquires for consideration the right

19 to receive such benefit by payment of such compensation,

20 pension, or dependency and indemnity compensation, as

21 the case may be, except as provided in subparagraph (B),

22 and including deposit into a joint account from which such

23 other person may make withdrawals, or otherwise, such

24 agreement shall be deemed to be an assignment and is pro25 hibited.
†

49

HR 2297 EAS

1 ‘‘(B) Notwithstanding subparagraph (A), nothing in

2 this paragraph is intended to prohibit a loan involving a

3 beneficiary under the terms of which the beneficiary may

4 use the benefit to repay such other person as long as each

5 of the periodic payments made to repay such other person

6 is separately and voluntarily executed by the beneficiary

7 or is made by preauthorized electronic funds transfer pursu8 ant to the Electronic Funds Transfers Act (15 U.S.C. 1693

9 et seq.).

10 ‘‘(C) Any agreement or arrangement for collateral for

11 security for an agreement that is prohibited under subpara12 graph (A) is also prohibited and is void from its incep13 tion.’’.

14 SEC. 703. SIX-YEAR EXTENSION OF ADVISORY COMMITTEE

15 ON MINORITY VETERANS.

16 Section 544(e) is amended by striking ‘‘December 31,

17 2003’’ and inserting ‘‘December 31, 2009’’.

18 SEC. 704. TEMPORARY AUTHORITY FOR PERFORMANCE OF

19 MEDICAL DISABILITIES EXAMINATIONS BY

20 CONTRACT PHYSICIANS.

21 (a) AUTHORITY.—Using appropriated funds, other

22 than funds available for compensation and pension, the

23 Secretary of Veterans Affairs may provide for the conduct

24 of examinations with respect to the medical disabilities of

25 applicants for benefits under laws administered by the Sec-
†

50

HR 2297 EAS

1 retary by persons other than Department of Veterans Af2 fairs employees. The authority under this section is in addi3 tion to the authority provided in section 504(b) of the Vet4 erans’ Benefits Improvement Act of 1996 (Public Law 104–

5 275; 38 U.S.C. 5101 note).

6 (b) PERFORMANCE BY CONTRACT.—Examinations

7 under the authority provided in subsection (a) shall be con8 ducted pursuant to contracts entered into and administered

9 by the Under Secretary for Benefits.

10 (c) EXPIRATION.—The authority in subsection (a)

11 shall expire on December 31, 2009. No examination may

12 be carried out under the authority provided in that sub13 section after that date.

14 (d) REPORT.—Not later than four years after the date

15 of the enactment of this Act, the Secretary shall submit to

16 Congress a report on the use of the authority provided in

17 subsection (a). The Secretary shall include in the report an

18 assessment of the effect of examinations under that author19 ity on the cost, timeliness, and thoroughness of examina20 tions with respect to the medical disabilities of applicants

21 for benefits under laws administered by the Secretary.

22 SEC. 705. FORFEITURE OF BENEFITS FOR SUBVERSIVE AC23 TIVITIES.

24 (a) ADDITION OF CERTAIN OFFENSES.—Paragraph

25 (2) of section 6105(b) is amended—
†

51

HR 2297 EAS

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

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

3 ‘‘798,’’.

4 (b) EFFECTIVE DATE.—The amendments made by sub5 section (a) shall apply to claims filed after the date of the

6 enactment of this Act.

7 SEC. 706. TWO-YEAR EXTENSION OF ROUND-DOWN RE8 QUIREMENT FOR COMPENSATION COST-OF9 LIVING ADJUSTMENTS.

10 Sections 1104(a) and 1303(a) are each amended by

11 striking ‘‘2011’’ and inserting ‘‘2013’’.

12 SEC. 707. CODIFICATION OF REQUIREMENT FOR EXPEDI13 TIOUS TREATMENT OF CASES ON REMAND.

14 (a) CASES REMANDED BY BOARD OF VETERANS’ AP15 PEALS.—(1) Chapter 51 is amended by adding at the end

16 of subchapter I the following new section:

17 ‘‘§ 5109B. Expedited treatment of remanded claims

18 ‘‘The Secretary shall take such actions as may be nec19 essary to provide for the expeditious treatment by the ap20 propriate regional office of the Veterans Benefits Adminis21 tration of any claim that is remanded to a regional office

22 of the Veterans Benefits Administration by the Board of

23 Veterans’ Appeals.’’.
†

52

HR 2297 EAS

1 (2) The table of sections at the beginning of such chap2 ter is amended by inserting after the item relating to section

3 5109A the following new item:

‘‘5109B. Expedited treatment of remanded claims.’’.

4 (b) CASES REMANDED BY COURT OF APPEALS FOR

5 VETERANS CLAIMS.—(1) Chapter 71 is amended by adding

6 at the end the following new section:

7 ‘‘§ 7112. Expedited treatment of remanded claims

8 ‘‘The Secretary shall take such actions as may be nec9 essary to provide for the expeditious treatment by the Board

10 of any claim that is remanded to the Secretary by the Court

11 of Appeals for Veterans Claims.’’.

12 (2) The table of sections at the beginning of such chap13 ter is amended by adding at the end the following new item:

‘‘7112. Expedited treatment of remanded claims.’’.

14 (c) REPEAL OF SOURCE SECTION.—Section 302 of the

15 Veterans’ Benefits Improvement Act of 1994 (Public Law

16 103–446; 108 Stat. 4658; 38 U.S.C. 5101 note) is repealed.

17 SEC. 708. TECHNICAL AND CLERICAL AMENDMENTS.

18 (a) MISCELLANEOUS AMENDMENTS.—(1) Section

19 103(d) is amended—

20 (A) in paragraph (4)—

21 (i) in the matter preceding subparagraph

22 (A), by striking ‘‘this subsection’’ and inserting

23 ‘‘paragraph (2)(A) or (3)’’; and
†

53

HR 2297 EAS

1 (ii) in subparagraph (A), by striking

2 ‘‘paragraph (2)’’ and inserting ‘‘paragraph

3 (2)(A)’’; and

4 (B) in paragraph (5), by striking ‘‘Paragraphs

5 (2)’’ and inserting ‘‘Paragraphs (2)(A)’’.

6 (2) Section 1729A is amended—

7 (A) in subsection (b), by striking ‘‘after June 30,

8 1997,’’ in the matter preceding paragraph (1);

9 (B) in subsection (c), by striking paragraph (3);

10 (C) by striking subsection (e); and

11 (D) by redesignating subsection (f) as subsection

12 (e).

13 (3) Section 1804(c)(2) is amended by striking ‘‘sub14 section’’ and inserting ‘‘section’’.

15 (4) Section 1974(a)(5) is amended by striking ‘‘Sec16 retary of Transportation’’ and inserting ‘‘Secretary of

17 Homeland Security’’.

18 (b) AMENDMENTS RELATING TO THE JOBS FOR VET19 ERANS ACT.—(1)(A) Subsection (c)(2)(B)(ii) of section

20 4102A is amended by striking ‘‘October 1, 2002’’ and in21 serting ‘‘October 1, 2003’’.

22 (B) The amendment made by subparagraph (A) shall

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

24 of the Jobs for Veterans Act (Public Law 107–288; 116 Stat.

25 2038).
†

54

HR 2297 EAS

1 (2) Subsection (f)(1) of section 4102A is amended by

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

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

4 (c) AMENDMENTS RELATING TO THE ESTABLISHMENT

5 OF SOCIAL SECURITY ADMINISTRATION AS AN INDE6 PENDENT AGENCY.—(1) Section 1322 is amended—

7 (A) in subsection (a), by striking ‘‘Secretary of

8 Health and Human Services’’ and all that follows

9 through the period and inserting ‘‘Commissioner of

10 Social Security, and shall be certified by the Commis11 sioner to the Secretary upon request of the Sec12 retary.’’; and

13 (B) in subsection (b)—

14 (i) by striking ‘‘Secretary of Health and

15 Human Services’’ in the first sentence and in16 serting ‘‘Commissioner of Social Security’’;

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

18 inserting ‘‘the Secretary and the Commissioner’’;

19 and

20 (iii) by striking ‘‘Secretary of Health and

21 Human Services’’ in the second sentence and in22 serting ‘‘Commissioner’’.

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

24 of Health and Human Services’’ and inserting ‘‘Commis25 sioner of Social Security’’.
†

55

HR 2297 EAS

1 (3) Section 5317 is amended by striking ‘‘Secretary

2 of Health and Human Services’’ in subsections (a), (b), and

3 (g) and inserting ‘‘Commissioner of Social Security’’.

4 (4)(A) Section 5318 is amended—

5 (i) in subsection (a), by striking ‘‘Department of

6 Health and Human Services’’ and inserting ‘‘Social

7 Security Administration’’; and

8 (ii) in subsection (b)—

9 (I) by striking ‘‘Department of Health and

10 Human Services’’ and inserting ‘‘Social Security

11 Administration’’;

12 (II) by striking ‘‘Secretary of Health and

13 Human Services’’ the first place it appears and

14 inserting ‘‘Commissioner of Social Security’’;

15 (III) by striking ‘‘Secretary of Health and

16 Human Services’’ the second place it appears

17 and inserting ‘‘Commissioner’’; and

18 (IV) by striking ‘‘such Secretaries’’ and in19 serting ‘‘the Secretary and the Commissioner’’.

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

21 as follows:
†

56

HR 2297 EAS

1 ‘‘§ 5318. Review of Social Security Administration

2 death information’’.

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

4 sections at the beginning at chapter 53 is amended to read

5 as follows:

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

Attest:

Secretary.
108TH CONGRESS

1ST SESSION H. R. 2297

AMENDMENT