Veterans Benefits Improvement Act of 2004
PL 108-454 (S.2486), enacted 12/10/2004

118 STAT. 3598
PUBLIC LAW 108–454—DEC. 10, 2004
Public Law 108–454
108th Congress
An Act
To amend title 38, United States Code, to improve and extend housing, education,
and other benefits under the laws administered by the Secretary of Veterans
Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Veterans
Benefits Improvement Act of 2004’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reference to title 38, United States Code.
TITLE I—VETERANS EARN AND LEARN ACT
Sec. 101. Short title.
Sec. 102. Modification of benefit entitlement charges for certain on-job training pro-
grams.
Sec. 103. Increase in benefit for individuals pursuing apprenticeship or on-job
training.
Sec. 104. Authority for competency-based apprenticeship programs.
Sec. 105. Ten-year extension of delimiting period for survivors’ and dependents’
educational assistance for spouses of members who die on active duty.
Sec. 106. Availability of education benefits for payment for national admissions
exams and national exams for credit at institutions of higher education.
Sec. 107. Requirement for coordination of data among the Departments of Veterans
Affairs, Defense, and Labor with respect to on-job training.
Sec. 108. Pilot program to provide on-job benefits to train Department of Veterans
Affairs’ claims adjudicators.
Sec. 109. Collection of payment for educational assistance under Montgomery GI
Bill from members of the Selected Reserve called to active duty.
Sec. 110. Technical and conforming amendments.
TITLE II—EMPLOYMENT MATTERS
Subtitle A—Employment and Reemployment Rights
Sec. 201. Two-year period of continuation of employer-sponsored health care cov-
erage.
Sec. 202. Reinstatement of reporting requirements.
Sec. 203. Requirement for employers to provide notice of rights and duties under
USERRA.
Sec. 204. Demonstration project for referral of USERRA claims against Federal
agencies to the Office of Special Counsel.
Subtitle B—Other Matters
Sec. 211. Report of employment placement, retention, and advancement of recently
separated servicemembers.
TITLE III—BENEFITS MATTERS
Sec. 301. Additional dependency and indemnity compensation for surviving spouses
with dependent children.
38 USC 101 note.
Veterans
Benefits
Improvement Act
of 2004.
Dec. 10, 2004
[S. 2486]
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118 STAT. 3599
PUBLIC LAW 108–454—DEC. 10, 2004
Sec. 302. Offset of veterans’ disability compensation and dependency and indemnity
compensation from awards under radiation exposure compensation pro-
gram.
Sec. 303. Exclusion of life insurance proceeds from consideration as income for vet-
erans’ pension purposes.
Sec. 304. Certain service-connected disability benefits authorized for persons dis-
abled by treatment or vocational rehabilitation provided by the Depart-
ment of Veterans Affairs.
Sec. 305. Effective date of death pension.
Sec. 306. Codification of administrative actions relating to presumptions of service
connection for veterans exposed to ionizing radiation.
Sec. 307. Codification of cost-of-living adjustment provided in Public Law
108–47.
Sec. 308. Cross-reference amendments relating to concurrent payment of retired
pay and veterans’ disability compensation.
TITLE IV—HOUSING MATTERS
Sec. 401. Authority to provide specially adapted housing to certain disabled vet-
erans.
Sec. 402. Transitional housing amendments.
Sec. 403. Increase in maximum amount of home loan guaranty for construction and
purchase of homes and annual indexing of amount.
Sec. 404. Extension of authority for guarantee of adjustable rate mortgages.
Sec. 405. Extension and improvement of authority for guarantee of hybrid adjust-
able rate mortgages.
Sec. 406. Termination of collection of loan fees from veterans rated eligible for com-
pensation at pre-discharge rating examinations.
Sec. 407. Three-year extension of Native American veteran housing loan pilot pro-
gram.
TITLE V—MATTERS RELATING TO FIDUCIARIES
Sec. 501. Definition of fiduciary.
Sec. 502. Inquiry, investigations, and qualification of fiduciaries.
Sec. 503. Misuse of benefits by fiduciaries.
Sec. 504. Additional protections for beneficiaries with fiduciaries.
Sec. 505. Annual report.
Sec. 506. Annual adjustment in benefits thresholds.
Sec. 507. Effective dates.
TITLE VI—MEMORIAL AFFAIRS MATTERS
Sec. 601. Designation of Prisoner of War/Missing in Action National Memorial, Riv-
erside National Cemetery, Riverside, California.
Sec. 602. Lease of certain National Cemetery Administration property.
Sec. 603. Exchanges of real property for national cemeteries.
TITLE VII—IMPROVEMENTS TO SERVICEMEMBERS CIVIL RELIEF ACT
Sec. 701. Clarification of meaning of ‘‘judgment’’ as used in the Act.
Sec. 702. Requirements relating to waiver of rights under the Act.
Sec. 703. Right of servicemember plaintiffs to request stay of civil proceedings.
Sec. 704. Termination of leases.
TITLE VIII—OTHER MATTERS
Sec. 801. Principal office of United States Court of Appeals for Veterans Claims.
Sec. 802. Technical amendments relating to the United States Court of Appeals for
Veterans Claims.
Sec. 803. Extension of biennial report of Advisory Committee on Former Prisoners
of War.
Sec. 804. Availability of administrative and judicial redress for certain veterans de-
nied opportunity to compete for Federal employment.
Sec. 805. Report on servicemembers’ and veterans’ awareness of benefits and serv-
ices available under laws administered by Secretary of Veterans Affairs.
SEC. 2. REFERENCE TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act
an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of title
38, United States Code.
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118 STAT. 3600
PUBLIC LAW 108–454—DEC. 10, 2004
TITLE I—VETERANS EARN AND LEARN
ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Veterans Earn and Learn Act
of 2004’’.
SEC. 102. MODIFICATION OF BENEFIT ENTITLEMENT CHARGES FOR
CERTAIN ON-JOB TRAINING PROGRAMS.
(a) IN GENERAL.—Section 3687 is amended by adding at the
end the following new subsection:
‘‘(e)(1) For each month that an individual (as defined in para-
graph (3)) is paid a training assistance allowance under subsection
(a), the entitlement of the individual shall be charged at a percent-
age rate (rounded to the nearest percent) that is equal to the
ratio of—
‘‘(A) the training assistance allowance for the month
involved, to
‘‘(B) the monthly educational assistance allowance other-
wise payable for full-time enrollment in an educational institu-
tion.’’.
‘‘(2) For any month in which an individual fails to complete
120 hours of training, the entitlement otherwise chargeable under
paragraph (1) shall be reduced in the same proportion as the
monthly training assistance allowance payable is reduced under
subsection (b)(3).
‘‘(3) In this section, the term ‘individual’ means—
‘‘(A) an eligible veteran who is entitled to monthly edu-
cational assistance allowances payable under section 3015(e)
of this title, or
‘‘(B) an eligible person who is entitled to monthly edu-
cational assistance allowances payable under section 3532(a)
of this title,
as the case may be.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to months beginning after September 30,
2005.
SEC. 103. INCREASE 
IN 
BENEFIT 
FOR 
INDIVIDUALS 
PURSUING
APPRENTICESHIP OR ON-JOB TRAINING.
(a) MONTGOMERY GI BILL.—For months beginning on or after
October 1, 2005, and before January 1, 2008, subsection (c)(1)
of section 3032 of title 38, United States Code, shall be applied
as if—
(1) the reference to ‘‘75 percent’’ in subparagraph (A) were
a reference to ‘‘85 percent’’;
(2) the reference to ‘‘55 percent’’ in subparagraph (B) were
a reference to ‘‘65 percent’’; and
(3) the reference to ‘‘35 percent’’ in subparagraph (C) were
a reference to ‘‘45 percent’’.
(b) POST-VIETNAM ERA VETERANS’ EDUCATIONAL ASSISTANCE.—
For months beginning on or after October 1, 2005, and before
January 1, 2008, subsection (a) of section 3233 of title 38, United
States Code, shall be applied as if—
(1) the reference to ‘‘75 percent’’ in paragraph (1) were
a reference to ‘‘85 percent’’;
38 USC 3233
note.
38 USC 3032
note.
Effective dates.
38 USC 3687
note.
38 USC 101 note.
Veterans Earn
and Learn Act of
2004.
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118 STAT. 3601
PUBLIC LAW 108–454—DEC. 10, 2004
(2) the reference to ‘‘55 percent’’ in paragraph (2) were
a reference to ‘‘65 percent’’; and
(3) the reference to ‘‘35 percent’’ in paragraph (3) were
a reference to ‘‘45 percent’’.
(c) SURVIVORS AND DEPENDENTS EDUCATIONAL ASSISTANCE.—
(1) For months beginning on or after October 1, 2005, and before
January 1, 2008, subsection (b)(2) of section 3687 of title 38, United
States Code, shall be applied as if—
(A) the reference to ‘‘$574 for the first six months’’ were
a reference to ‘‘$650 for the first six months’’;
(B) the reference to ‘‘$429 for the second six months’’ were
a reference to ‘‘$507 for the second six months’’; and
(C) the reference to ‘‘$285 for the third six months’’ were
a reference to ‘‘$366 for the third six months’’.
(2) Subsection (d) of such section 3687 shall not apply with
respect to the provisions of paragraph (1) for months occurring
during fiscal year 2006.
(3) For months beginning on or after January 1, 2008, the
Secretary shall carry out subsection (b)(2) of such section 3687
as if paragraphs (1) and (2) were not enacted into law.
(d) SELECTED RESERVE MONTGOMERY GI BILL.—For months
beginning on or after October 1, 2005, and before January 1, 2008,
subsection (d)(1) of section 16131 of title 10, United States Code,
shall be applied as if—
(1) the reference to ‘‘75 percent’’ in subparagraph (A) were
a reference to ‘‘85 percent’’;
(2) the reference to ‘‘55 percent’’ in subparagraph (B) were
a reference to ‘‘65 percent’’; and
(3) the reference to ‘‘35 percent’’ in subparagraph (C) were
a reference to ‘‘45 percent’’.
SEC. 104. AUTHORITY FOR COMPETENCY-BASED APPRENTICESHIP
PROGRAMS.
(a) IN GENERAL.—Section 3672(c) is amended—
(1) by striking ‘‘(1)’’ and ‘‘(2)’’ and inserting ‘‘(A)’’ and ‘‘(B)’’,
respectively;
(2) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(3) by adding at the end the following new paragraphs:
‘‘(2) The period of a program of apprenticeship may be deter-
mined based upon a specific period of time (commonly referred
to as a ‘time-based program’), based upon the demonstration of
successful mastery of skills (commonly referred to as a ‘competency-
based program’), or based upon a combination thereof.
‘‘(3)(A) In the case of a competency-based program of apprentice-
ship, State approving agencies shall determine the period for which
payment may be made for such a program under chapters 30
and 35 of this title and chapter 1606 of title 10. In determining
the period of such a program, State approving agencies shall take
into consideration the approximate term of the program rec-
ommended in registered apprenticeship program standards recog-
nized by the Secretary of Labor.
‘‘(B) The sponsor of a competency-based program of apprentice-
ship shall provide notice to the State approving agency involved
of any such standards that may apply to the program and the
proposed approximate period of training under the program.
‘‘(4) The sponsor of a competency-based program of apprentice-
ship shall notify the Secretary upon the successful completion of
Notification.
38 USC 16131
note.
38 USC 3687
note.
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118 STAT. 3602
PUBLIC LAW 108–454—DEC. 10, 2004
a program of apprenticeship by an individual under chapter 30
or 35 of this title, or chapter 1606 of title 10, as the case may
be.’’.
(b) INCREASED USE OF APPRENTICESHIPS.—Section 3672(d)(1)
is amended by adding at the end the following new sentence:
‘‘The Secretary of Labor shall provide assistance and services to
the Secretary, and to State approving agencies, to increase the
use of apprenticeships.’’.
(c) FUNDING FOR DEPARTMENT COMPUTER SYSTEM MODIFICA-
TIONS.—From amounts appropriated to the Department of Veterans
Affairs for fiscal year 2005 for readjustment benefits, the Secretary
of Veterans Affairs shall use an amount not to exceed $3,000,000
to modify computer systems and to develop procedures required
to carry out the amendments made by subsection (a) and sections
102 and 103.
SEC. 105. TEN-YEAR EXTENSION OF DELIMITING PERIOD FOR SUR-
VIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE
FOR SPOUSES OF MEMBERS WHO DIE ON ACTIVE DUTY.
Section 3512(b)(1) is amended—
(1) in subparagraph (A), by striking ‘‘in subparagraph (B)’’
and inserting ‘‘in subparagraph (B) or (C)’’; and
(2) by adding at the end the following new subparagraph:
‘‘(C) Notwithstanding subparagraph (A), an eligible person
referred to in that subparagraph who is made eligible under section
3501(a)(1)(B) of this title by reason of the death of a person on
active duty may be afforded educational assistance under this
chapter during the 20-year period beginning on the date (as deter-
mined by the Secretary) such person becomes an eligible person
within the meaning of such section.’’.
SEC. 106. AVAILABILITY OF EDUCATION BENEFITS FOR PAYMENT FOR
NATIONAL ADMISSIONS EXAMS AND NATIONAL EXAMS FOR
CREDIT AT INSTITUTIONS OF HIGHER EDUCATION.
(a) COVERED EXAMS.—Sections 3452(b) and 3501(a)(5) are each
amended by adding at the end the following new sentence: ‘‘Such
term also includes national tests for admission to institutions of
higher learning or graduate schools (such as the Scholastic Aptitude
Test (SAT), Law School Admission Test (LSAT), Graduate Record
Exam (GRE), and Graduate Management Admission Test (GMAT))
and national tests providing an opportunity for course credit at
institutions of higher learning (such as the Advanced Placement
(AP) exam and College-Level Examination Program (CLEP)).’’.
(b) AMOUNT OF PAYMENT.—
(1) CHAPTER 30.—Section 3032 is amended by adding at
the end the following new subsection:
‘‘(g)(1) Subject to paragraph (3), the amount of educational
assistance payable under this chapter for a national test for admis-
sion or national test providing an opportunity for course credit
at institutions of higher learning described in section 3452(b) of
this title is the amount of the fee charged for the test.
‘‘(2) The number of months of entitlement charged in the case
of any individual for a test described in paragraph (1) is equal
to the number (including any fraction) determined by dividing the
total amount of educational assistance paid such individual for
such test by the full-time monthly institutional rate of educational
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118 STAT. 3603
PUBLIC LAW 108–454—DEC. 10, 2004
assistance, except for paragraph (1), such individual would other-
wise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section
3015 of this title, as the case may be.
‘‘(3) In no event shall payment of educational assistance under
this subsection for a test described in paragraph (1) exceed the
amount of the individual’s available entitlement under this
chapter.’’.
(2) CHAPTER 32.—Section 3232 is amended by adding at
the end the following new subsection:
‘‘(d)(1) Subject to paragraph (3), the amount of educational
assistance payable under this chapter for a national test for admis-
sion or national test providing an opportunity for course credit
at institutions of higher learning described in section 3452(b) of
this title is the amount of the fee charged for the test.
‘‘(2) The number of months of entitlement charged in the case
of any individual for a test described in paragraph (1) is equal
to the number (including any fraction) determined by dividing the
total amount of educational assistance paid such individual for
such test by the full-time monthly institutional rate of educational
assistance, except for paragraph (1), such individual would other-
wise be paid under this chapter.
‘‘(3) In no event shall payment of educational assistance under
this subsection for a test described in paragraph (1) exceed the
amount of the individual’s available entitlement under this
chapter.’’.
(3) CHAPTER 35.—Section 3532 is amended by adding at
the end the following new subsection:
‘‘(g)(1) Subject to paragraph (3), the amount of educational
assistance payable under this chapter for a national test for admis-
sion or national test providing an opportunity for course credit
at institutions of higher learning described in section 3501(a)(5)
of this title is the amount of the fee charged for the test.
‘‘(2) The number of months of entitlement charged in the case
of any individual for a test described in paragraph (1) is equal
to the number (including any fraction) determined by dividing the
total amount of educational assistance paid such individual for
such test by the full-time monthly institutional rate of educational
assistance, except for paragraph (1), such individual would other-
wise be paid under this chapter.
‘‘(3) In no event shall payment of educational assistance under
this subsection for a test described in paragraph (1) exceed the
amount of the individual’s available entitlement under this
chapter.’’.
SEC. 107. REQUIREMENT FOR COORDINATION OF DATA AMONG THE
DEPARTMENTS OF VETERANS AFFAIRS, DEFENSE, AND
LABOR WITH RESPECT TO ON-JOB TRAINING.
Section 3694 is amended—
(1) by striking ‘‘In carrying out’’ and inserting ‘‘(a) IN GEN-
ERAL.—In carrying out’’; and
(2) by adding at the end the following new subsection:
‘‘(b) COORDINATION OF INFORMATION AMONG THE DEPARTMENTS
OF VETERANS AFFAIRS, DEFENSE, AND LABOR WITH RESPECT TO
ON-JOB TRAINING.—At the time of a servicemember’s discharge
or release from active duty service, the Secretary of Defense shall
furnish to the Secretary such pertinent information concerning each
registered apprenticeship pursued by the servicemember during
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118 STAT. 3604
PUBLIC LAW 108–454—DEC. 10, 2004
the period of active duty service of the servicemember. The Sec-
retary, in conjunction with the Secretary of Labor, shall encourage
and assist States and private organizations to give credit to
servicemembers for the registered apprenticeship program so pur-
sued in the case of any related apprenticeship program the
servicemember may pursue as a civilian.’’.
SEC. 108. PILOT PROGRAM TO PROVIDE ON-JOB BENEFITS TO TRAIN
DEPARTMENT OF VETERANS AFFAIRS’ CLAIMS ADJUDICA-
TORS.
Section 3677 is amended by adding at the end the following
new subsection:
‘‘(d)(1) The Secretary may conduct a pilot program under which
the Secretary operates a program of training on the job under
this section for a period (notwithstanding subsection (c)(2)) of up
to three years in duration to train employees of the Department
to become qualified adjudicators of claims for compensation, depend-
ency and indemnity compensation, and pension.
‘‘(2)(A) Not later than three years after the implementation
of the pilot project, the Secretary shall submit to Congress an
initial report on the pilot project. The report shall include an
assessment of the usefulness of the program in recruiting and
retaining of personnel of the Department as well as an assessment
of the value of the program as a training program.
‘‘(B) Not later than 18 months after the date on which the
initial report under subparagraph (A) is submitted, the Secretary
shall submit to Congress a final report on the pilot project. The
final report shall include recommendations of the Secretary with
respect to continuation of the pilot project and with respect to
expansion of the types of claims for which the extended period
of on the job training is available to train such employees.’’.
SEC. 109. COLLECTION OF PAYMENT FOR EDUCATIONAL ASSISTANCE
UNDER MONTGOMERY GI BILL FROM MEMBERS OF THE
SELECTED RESERVE CALLED TO ACTIVE DUTY.
(a) ACTIVE DUTY PROGRAM.—Section 3011(b) is amended—
(1) by striking ‘‘The basic pay’’ and inserting ‘‘(1) Except
as provided in paragraph (2), the basic pay’’;
(2) by designating the second sentence as paragraph (3)
and in that paragraph by striking ‘‘this chapter’’ and inserting
‘‘this subsection’’; and
(3) by inserting after paragraph (1), as so designated, the
following new paragraph:
‘‘(2) In the case of an individual covered by paragraph (1)
who is a member of the Selected Reserve, the Secretary of Defense
shall collect from the individual an amount equal to $1,200 not
later than one year after completion by the individual of the two
years of service on active duty providing the basis for such entitle-
ment. The Secretary of Defense may collect such amount through
reductions in basic pay in accordance with paragraph (1) or through
such other method as the Secretary of Defense considers appro-
priate.’’.
(b) 
SELECTED
RESERVE
PROGRAM.—Section 
3012(c) 
is
amended—
(1) by striking ‘‘The basic pay’’ and inserting ‘‘(1) Except
as provided in paragraph (2), the basic pay’’;
Deadlines.
Reports.
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118 STAT. 3605
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(2) by designating the second sentence as paragraph (3)
and in that paragraph by striking ‘‘this chapter’’ and inserting
‘‘this subsection’’; and
(3) by inserting after paragraph (1), as so designated, the
following new paragraph:
‘‘(2) In the case of an individual covered by paragraph (1)
who is a member of the Selected Reserve, the Secretary of Defense
shall collect from the individual an amount equal to $1,200 not
later than one year after completion by the individual of the two
years of service on active duty providing the basis for such entitle-
ment. The Secretary of Defense may collect such amount through
reductions in basic pay in accordance with paragraph (1) or through
such other method as the Secretary of Defense considers appro-
priate.’’.
SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS.
(a) DEFINITION OF TRAINING ESTABLISHMENT.—Section 3452(e),
as amended by section 301 of the Veterans Benefits Act of 2003
(Public Law 108–183; 117 Stat. 2658), is amended in paragraph
(5) to read as follows:
‘‘(5) The sponsor of a program of apprenticeship.’’.
(b) CLARIFICATION
OF
APPLICABLE
APPRENTICESHIP
STAND-
ARDS.—(1) Section 3672(c), as amended by section 105(a), is
amended in subparagraph (A) by inserting ‘‘apprenticeship’’ before
‘‘standards’’.
(2) Section 3672(d)(1) is amended by striking ‘‘of programs
of training on the job (including programs of apprenticeship)’’ and
inserting ‘‘of apprenticeship and on the job training programs’’.
(c) RECORD-KEEPING REQUIREMENTS FOR QUALIFIED PROVIDERS
OF ENTREPRENEURSHIP COURSES.—(1) Section 3675(c) is amended
by adding at the end the following new paragraph:
‘‘(4) Notwithstanding paragraph (3), a qualified provider of
entrepreneurship courses shall maintain such records as the Sec-
retary determines to be necessary to comply with reporting require-
ments that apply under section 3684(a)(1) of this title with respect
to eligible persons and veterans enrolled in an entrepreneurship
course offered by the provider.’’.
(2) The amendment made by paragraph (1) shall take effect
as if included in the enactment of section 305(a) of the Veterans
Benefits Act of 2003 (Public Law 108–183; 117 Stat. 2660).
(d) AUTHORITY TO PAY REPORTING FEE.—Section 3684(c) is
amended by striking ‘‘or to any joint apprenticeship training com-
mittee acting as a training establishment’’ and inserting ‘‘or to
the sponsor of a program of apprenticeship’’.
TITLE II—EMPLOYMENT MATTERS
Subtitle A—Employment and
Reemployment Rights
SEC. 201. TWO-YEAR PERIOD OF CONTINUATION OF EMPLOYER-SPON-
SORED HEALTH CARE COVERAGE.
(a) IMPROVEMENT
IN
PERIOD
OF
COVERAGE.—Subsection
(a)(1)(A) of section 4317 is amended by striking ‘‘18-month period’’
and inserting ‘‘24-month period’’.
Effective date.
38 USC 3675
note.
Deadline.
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(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to elections made under section 4317 of title 38, United
States Code, on or after the date of the enactment of this Act.
SEC. 202. REINSTATEMENT OF REPORTING REQUIREMENTS.
Section 4332 is amended in the matter preceding paragraph
(1) by striking ‘‘no later than February 1, 1996, and annually
thereafter through 2000’’ and inserting ‘‘no later than February
1, 2005, and annually thereafter’’.
SEC. 203. REQUIREMENT FOR EMPLOYERS TO PROVIDE NOTICE OF
RIGHTS AND DUTIES UNDER USERRA.
(a) NOTICE.—Chapter 43 is amended by adding at the end
the following new section:
‘‘§ 4334. Notice of rights and duties
‘‘(a) REQUIREMENT TO PROVIDE NOTICE.—Each employer shall
provide to persons entitled to rights and benefits under this chapter
a notice of the rights, benefits, and obligations of such persons
and such employers under this chapter. The requirement for the
provision of notice under this section may be met by the posting
of the notice where employers customarily place notices for
employees.
‘‘(b) CONTENT
OF NOTICE.—The Secretary shall provide to
employers the text of the notice to be provided under this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘4334. Notice of rights and duties.’’.
(c) IMPLEMENTATION.—(1) Not later than the date that is 90
days after the date of the enactment of this Act, the Secretary
of Labor shall make available to employers the notice required
under section 4334 of title 38, United States Code, as added by
subsection (a).
(2) The amendments made by this section shall apply to
employers under chapter 43 of title 38, United States Code, on
and after the first date referred to in paragraph (1).
SEC. 204. DEMONSTRATION PROJECT FOR REFERRAL OF USERRA
CLAIMS AGAINST FEDERAL AGENCIES TO THE OFFICE OF
SPECIAL COUNSEL.
(a) ESTABLISHMENT OF PROJECT.—The Secretary of Labor and
the Office of Special Counsel shall carry out a demonstration project
under which certain claims against Federal executive agencies
under the Uniformed Services Employment and Reemployment
Rights Act under chapter 43 of title 38, United States Code, are
referred to, or otherwise received by, the Office of Special Counsel
for assistance, including investigation and resolution of the claim
as well as enforcement of rights with respect to the claim.
(b) REFERRAL OF ALL PROHIBITED PERSONNEL ACTION CLAIMS
TO THE OFFICE OF SPECIAL COUNSEL.—(1) Under the demonstration
project, the Office of Special Counsel shall receive and investigate
all claims under the Uniformed Services Employment and
Reemployment Rights Act with respect to Federal executive agen-
cies in cases where the Office of Special Counsel has jurisdiction
over related claims pursuant to section 1212 of title 5, United
States Code.
Effective date.
38 USC 4301
note.
Deadline.
38 USC 4334
note.
38 USC 4317
note.
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(2) For purposes of paragraph (1), a related claim is a claim
involving the same Federal executive agency and the same or
similar factual allegations or legal issues as those being pursued
under a claim under the Uniformed Services Employment and
Reemployment Rights Act.
(c) REFERRAL OF OTHER CLAIMS AGAINST FEDERAL EXECUTIVE
AGENCIES.—(1) Under the demonstration project, the Secretary—
(A) shall refer to the Office of Special Counsel all claims
described in paragraph (2) made during the period of the dem-
onstration project; and
(B) may refer any claim described in paragraph (2) filed
before the demonstration project that is pending before the
Secretary at the beginning of the demonstration project.
(2) A claim referred to in paragraph (1) is a claim under
chapter 43 of title 38, United States Code, against a Federal execu-
tive agency by a claimant with a social security account number
with an odd number as its terminal digit, or, in the case of a
claim that does not contain a social security account number, a
case number assigned to the claim with an odd number as its
terminal digit.
(d) ADMINISTRATION
OF DEMONSTRATION PROJECT.—(1) The
Office of Special Counsel shall administer the demonstration project.
The Secretary shall cooperate with the Office of Special Counsel
in carrying out the demonstration project.
(2) In the case of any claim referred, or otherwise received
by, to the Office of Special Counsel under the demonstration project,
any reference to the ‘‘Secretary’’ in sections 4321, 4322, and 4326
of title 38, United States Code, is deemed a reference to the ‘‘Office
of Special Counsel’’.
(3) In the case of any claim referred to, or otherwise received
by, the Office of Special Counsel under the demonstration project,
the Office of Special Counsel shall retain administrative jurisdiction
over the claim.
(e) PERIOD OF PROJECT.—The demonstration project shall be
carried out during the period beginning on the date that is 60
days after the date of the enactment of this Act, and ending on
September 30, 2007.
(f) EVALUATIONS AND REPORT.—(1) The Comptroller General
of the United States shall conduct periodic evaluations of the dem-
onstration project under this section.
(2) Not later than April 1, 2007, the Comptroller General shall
submit to Congress a report on the evaluations conducted under
paragraph (1). The report shall include the following information
and recommendations:
(A) A description of the operation and results of the dem-
onstration program, including—
(i) the number of claims described in subsection (c)
referred to, or otherwise received by, the Office of Special
Counsel, and the number of such claims referred to the
Secretary of Labor; and
(ii) for each Federal executive agency, the number of
claims resolved, the type of corrective action obtained, the
period of time for final resolution of the claim, and the
results obtained.
(B) An assessment of whether referral to the office of
special counsel of claims under the demonstration project—
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(i) improved services to servicemembers and veterans;
or
(ii) significantly reduced or eliminated duplication of
effort and unintended delays in resolving meritorious
claims of those servicemembers and veterans.
(C) An assessment of the feasibility and advisability of
referring all claims under chapter 43 of title 38, United States
Code, against Federal executive agencies to the Office of Special
Counsel for investigation and resolution.
(D) Such other recommendations for administrative action
or legislation as the Comptroller General determines appro-
priate.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘Office of Special Counsel’’ means the Office
of Special Counsel established by section 1211 of title 5, United
States Code.
(2) The term ‘‘Secretary’’ means the Secretary of Labor.
(3) The term ‘‘Federal executive agency’’ has the meaning
given that term in section 4303(5) of title 38, United States
Code.
Subtitle B—Other Matters
SEC. 211. REPORT OF EMPLOYMENT PLACEMENT, RETENTION, AND
ADVANCEMENT 
OF 
RECENTLY 
SEPARATED
SERVICEMEMBERS.
(a) CONTRACT
FOR REPORT.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall enter into a contract with a qualified entity to conduct
a study of and prepare a report on the employment histories of
recently separated servicemembers.
(b) CONTENT OF REPORT.—(1) The study conducted pursuant
to subsection (a) shall consist of an analysis of employment-related
data that have been collected with respect to recently separated
servicemembers.
(2) In conducting the study, the qualified entity shall—
(A) determine whether the employment obtained by
recently separated servicemembers is commensurate with
training and education of those servicemembers;
(B) determine whether recently separated servicemembers
received educational assistance or training and rehabilitation
under programs administered by the Secretary of Veterans
Affairs under chapter 30 or 31 of title 38, United States Code,
or under chapter 1606 of title 10, United States Code;
(C) determine whether transition assistance services pro-
vided to recently separated servicemembers assisted those
servicemembers in obtaining civilian employment;
(D) analyze trends in hiring of veterans by the private
sector; and
(E) identify recently separated servicemembers who have
reached senior level management positions.
(c) USE OF DATA.—In conducting the study under subsection
(a), the qualified entity shall review data compiled and reported
by the Bureau of Labor Statistics and shall collect additional data
on the employment histories of recently separated servicemembers
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available from such other sources as the qualified entity determines
to be appropriate.
(d) CONTRACT REQUIREMENTS.—(1) The contract entered into
under subsection (a) shall contain such terms and conditions as
the Secretary may require. The contract shall require that the
report on the study be submitted to the Secretary not later than
2 years after the date on which the contract was entered into.
(2) The report required under subsection (a) shall contain the
findings and conclusions of the qualified entity on the study and
specific recommendations to improve employment opportunities for
veterans recently separated from service in the Armed Forces,
including, if appropriate, recommendations for—
(A) the establishment of networks of contacts for employ-
ment of such veterans in the private sector;
(B) outreach to private sector leaders on the merits and
sound business practice of hiring such veterans; and
(C) additional methods to facilitate communication between
private sector employers and such veterans who are seeking
employment.
(e) FUNDING.—Payment by the Secretary for the contract
entered into under subsection (a)—
(1) shall be made from the Department of Veterans Affairs
appropriations account from which payments for readjustment
benefits are made; and
(2) may not exceed $490,000.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘qualified entity’’ means an entity or organiza-
tion that meets the following requirements:
(A) Demonstrated experience in conducting employ-
ment surveys of recently separated servicemembers,
including Internet-based surveys, that meet such quality
assurance requirements as the Secretary determines appro-
priate.
(B) Demonstrated familiarity with veteran employment
matters.
(C) Demonstrated ability in developing plans to market
veterans as employment assets.
(D) Demonstrated ability to acquire services at no cost
from other organizations, such as technology, staff services,
and advertising services.
(E) Demonstrated ability to develop relationships,
establish employment networks, and facilitate interaction
between private and public sector leaders and veterans.
(2) The term ‘‘employment history’’ means, with respect
to a recently separated servicemember, training, placement,
retention, 
and 
advancement 
in 
employment 
of 
that
servicemember.
(3) The term ‘‘recently separated servicemember’’ means
any veteran (as defined in section 101(2) of title 38, United
States Code) discharged or released from active duty in the
Armed Forces of the United States during the 16-year period
beginning on January 1, 1990.
Deadline.
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PUBLIC LAW 108–454—DEC. 10, 2004
TITLE III—BENEFITS MATTERS
SEC. 301. ADDITIONAL DEPENDENCY AND INDEMNITY COMPENSA-
TION FOR SURVIVING SPOUSES WITH DEPENDENT CHIL-
DREN.
(a) ADDITIONAL DEPENDENCY AND INDEMNITY COMPENSATION.—
Section 1311 is amended by adding at the end the following new
subsection:
‘‘(e)(1) Subject to paragraphs (2) and (3), if there is a surviving
spouse with one or more children below the age of 18, the depend-
ency and indemnity compensation paid monthly to the surviving
spouse shall be increased by $250, regardless of the number of
such children.
‘‘(2) Dependency and indemnity compensation shall be increased
under this subsection only for months occurring during the two-
year period beginning on the date on which entitlement to depend-
ency and indemnity compensation commenced.
‘‘(3) The increase in dependency and indemnity compensation
of a surviving spouse under this subsection shall cease beginning
with the first month commencing after the month in which all
children of the surviving spouse have attained the age of 18.
‘‘(4) Dependency and indemnity compensation under this sub-
section is in addition to any other dependency and indemnity com-
pensation payable under this chapter.’’.
(b) EFFECTIVE DATE.—Subsection (e) of section 1311 of title
38, United States Code, as added by subsection (a), shall take
effect with respect to payments for the first month beginning after
the date of the enactment of this Act.
SEC. 302. OFFSET OF VETERANS’ DISABILITY COMPENSATION AND
DEPENDENCY AND INDEMNITY COMPENSATION FROM
AWARDS UNDER RADIATION EXPOSURE COMPENSATION
PROGRAM.
(a) OFFSET
IN LIEU
OF FORFEITURE FROM DISABILITY COM-
PENSATION.—Subsection (c) of section 1112 is amended by adding
at the end the following new paragraph:
‘‘(4) A radiation-exposed veteran who receives a payment under
the provisions of the Radiation Exposure Compensation Act of 1990
(42 U.S.C. 2210 note) shall not be deprived, by reason of the
receipt of that payment, of receipt of compensation to which that
veteran is entitled by reason of paragraph (1), but there shall
be deducted from payment of such compensation the amount of
the payment under that Act.’’.
(b) OFFSET IN LIEU OF FORFEITURE FROM DEPENDENCY AND
INDEMNITY COMPENSATION.—Section 1310 is amended by adding
at the end the following new paragraph:
‘‘(c) A person who receives a payment under the provisions
of the Radiation Exposure Compensation Act of 1990 (42 U.S.C.
2210 note) shall not be deprived, by reason of the receipt of that
payment, of receipt of dependency and indemnity compensation
to which that person is otherwise entitled, but there shall be
deducted from payment of such dependency and indemnity com-
pensation the amount of the payment under that Act.’’.
(c) EFFECTIVE DATE.—Paragraph (4) of section 1112(c) of title
38, United States Code, as added by subsection (a), shall take
effect with respect to compensation payments for months beginning
38 USC 1112
note.
38 USC 1311
note.
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118 STAT. 3611
PUBLIC LAW 108–454—DEC. 10, 2004
after March 26, 2002. Subsection (c) of section 1310 of such title,
as added by subsection (b), shall take effect with respect to depend-
ency and indemnity compensation payments for months beginning
after March 26, 2002.
SEC. 303. EXCLUSION OF LIFE INSURANCE PROCEEDS FROM CONSID-
ERATION AS INCOME FOR VETERANS’ PENSION PURPOSES.
Section 1503(a) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (9);
(2) by striking the period at the end of the paragraph
(10) and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(11) lump-sum proceeds of any life insurance policy on
a veteran, for purposes of pension under subchapter III of
this chapter.’’.
SEC. 304. CERTAIN 
SERVICE-CONNECTED 
DISABILITY 
BENEFITS
AUTHORIZED FOR PERSONS DISABLED BY TREATMENT OR
VOCATIONAL 
REHABILITATION 
PROVIDED 
BY 
THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) AUTHORIZED BENEFITS.—Section 1151 is amended by adding
at the end the following new subsection:
‘‘(c) A qualifying additional disability under this section shall
be treated in the same manner as if it were a service-connected
disability for purposes of the following provisions of this title:
‘‘(1) Chapter 21, relating to specially adapted housing.
‘‘(2) Chapter 39, relating to automobiles and adaptive equip-
ment.’’.
(b) EFFECTIVE DATE.—Subsection (c) of section 1151 of title
38, United States Code, as added by subsection (a), shall apply
with respect to eligibility for benefits and services provided by
the Secretary of Veterans Affairs on or after the date of the enact-
ment of this Act.
(c) ADMINISTRATION OF OFFSET PROVISION.—Subsection (b) of
section 1151 is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by inserting ‘‘(except as otherwise provided in paragraph
(2))’’ after ‘‘service-connected, then’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) In the case of a judgment, settlement, or compromise
covered by paragraph (1) that becomes final on or after the date
of the enactment of this paragraph and that includes an amount
that is specifically designated for a purpose for which benefits
are provided under chapter 21 or 39 of this title (hereinafter in
this paragraph referred to as the ‘offset amount’), if such judgment,
settlement, or compromise becomes final before the date of the
award of benefits under chapter 21 or 39 for the purpose for
which the offset amount was specifically designated—
‘‘(A) the amount of such award shall be reduced by the
offset amount; and
‘‘(B) if the offset amount is greater than the amount of
such award, the excess amount received pursuant to the judg-
ment, settlement or compromise, shall be offset against benefits
otherwise payable under this chapter.’’.
SEC. 305. EFFECTIVE DATE OF DEATH PENSION.
Section 5110(d) is amended—
(1) by striking ‘‘(1)’’;
38 USC 1151
note.
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118 STAT. 3612
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(2) by striking ‘‘death compensation or dependency and
indemnity compensation’’ and inserting ‘‘death compensation,
dependency and indemnity compensation, or death pension’’;
and
(3) by striking paragraph (2).
SEC. 306. CODIFICATION OF ADMINISTRATIVE ACTIONS RELATING TO
PRESUMPTIONS OF SERVICE CONNECTION FOR VETERANS
EXPOSED TO IONIZING RADIATION.
(a) COVERED DISEASES.—Subsection (c)(2) of section 1112 is
amended by adding at the end the following new subparagraphs:
‘‘(Q) Cancer of the bone.
‘‘(R) Cancer of the brain.
‘‘(S) Cancer of the colon.
‘‘(T) Cancer of the lung.
‘‘(U) Cancer of the ovary.’’.
(b) COVERED RADIATION-RISK ACTIVITIES.—Subsection (c)(3)(B)
of such section is amended by adding at the end the following
new clause:
‘‘(iv) Service in a capacity which, if performed as an
employee of the Department of Energy, would qualify the
individual for inclusion as a member of the Special Expo-
sure Cohort under section 3621(14) of the Energy
Employees Occupational Illness Compensation Program Act
of 2000 (42 U.S.C. 7384l(14)).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect as of March 26, 2002.
SEC. 307. CODIFICATION 
OF 
COST-OF-LIVING 
ADJUSTMENT 
PRO-
VIDED IN PUBLIC LAW 108–47.
(a) VETERANS’ DISABILITY COMPENSATION.—Section 1114 is
amended—
(1) by striking ‘‘$104’’ in subsection (a) and inserting ‘‘$106’’;
(2) by striking ‘‘$201’’ in subsection (b) and inserting ‘‘$205’’;
(3) by striking ‘‘$310’’ in subsection (c) and inserting ‘‘$316’’;
(4) by striking ‘‘$445’’ in subsection (d) and inserting ‘‘$454’’;
(5) by striking ‘‘$633’’ in subsection (e) and inserting ‘‘$646’’;
(6) by striking ‘‘$801’’ in subsection (f) and inserting ‘‘$817’’;
(7) by striking ‘‘$1,008’’ in subsection (g) and inserting
‘‘$1,029’’;
(8) by striking ‘‘$1,171’’ in subsection (h) and inserting
‘‘$1,195’’;
(9) by striking ‘‘$1,317’’ in subsection (i) and inserting
‘‘$1,344’’;
(10) by striking ‘‘$2,193’’ in subsection (j) and inserting
‘‘$2,239’’;
(11) in subsection (k)—
(A) by striking ‘‘$81’’ both places it appears and
inserting ‘‘$82’’; and
(B) by striking ‘‘$2,728’’ and ‘‘$3,827’’ and inserting
‘‘$2,785’’ and ‘‘$3,907’’, respectively;
(12) by striking ‘‘$2,728’’ in subsection (l) and inserting
‘‘$2,785’’;
(13) by striking ‘‘$3,010’’ in subsection (m) and inserting
‘‘$3,073’’;
(14) by striking ‘‘$3,425’’ in subsection (n) and inserting
‘‘$3,496’’;
38 USC 1112
note.
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118 STAT. 3613
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(15) by striking ‘‘$3,827’’ each place it appears in sub-
sections (o) and (p) and inserting ‘‘$3,907’’;
(16) by striking ‘‘$1,643’’ and ‘‘$2,446’’ in subsection (r)
and inserting ‘‘$1,677’’ and ‘‘$2,497’’, respectively; and
(17) by striking ‘‘$2,455’’ in subsection (s) and inserting
‘‘$2,506’’.
(b) ADDITIONAL
COMPENSATION
FOR
DEPENDENTS.—Section
1115(1) is amended—
(1) by striking ‘‘$125’’ in subparagraph (A) and inserting
‘‘$127’’;
(2) by striking ‘‘$215’’ and ‘‘$64’’ in subparagraph (B) and
inserting ‘‘$219’’ and ‘‘$65’’, respectively;
(3) by striking ‘‘$85’’ and ‘‘$64’’ in subparagraph (C) and
inserting ‘‘$86’’ and ‘‘$65’’, respectively;
(4) by striking ‘‘$101’’ in subparagraph (D) and inserting
‘‘$103’’;
(5) by striking ‘‘$237’’ in subparagraph (E) and inserting
‘‘$241’’; and
(6) by striking ‘‘$198’’ in subparagraph (F) and inserting
‘‘$202’’.
(c) CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.—
Section 1162 is amended by striking ‘‘$588’’ and inserting ‘‘$600’’.
(d) DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING
SPOUSES.—(1) Section 1311(a) is amended—
(A) by striking ‘‘$948’’ in paragraph (1) and inserting
‘‘$967’’; and
(B) by striking ‘‘$204’’ in paragraph (2) and inserting
‘‘$208’’.
(2) The table in section 1311(a)(3) is amended to read as follows:
Pay grade
Monthly
rate
Pay grade
Monthly
rate
E–1 ..........................
$967
W–4 ........................
$1,157
E–2 ........................
$967
O–1 .........................
$1,022
E–3 ........................
$967
O–2 .........................
$1,056
E–4 ........................
$967
O–3 .........................
$1,130
E–5 ..........................
$967
O–4 .........................
$1,195
E–6 ........................
$967
O–5 .........................
$1,316
E–7 ........................
$1,000
O–6 .........................
$1,483
E–8 ..........................
$1,056
O–7 .........................
$1,602
E–9 ........................
$1,1021
O–8 .........................
$1,758
W–1 .........................
$1,022
O–9 .........................
$1,881
W–2 .........................
$1,063
O–10 .......................
$2,0632
W–3 .........................
$1,094
.................................
..............
1 If the veteran served as sergeant major of the Army, senior enlisted advisor of
the Navy, chief master sergeant of the Air Force, sergeant major of the Marine
Corps, or master chief petty officer of the Coast Guard, at the applicable time des-
ignated by section 1302 of this title, the surviving spouse’s rate shall be $1,189.
2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of
Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the
Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard,
at the applicable time designated by section 1302 of this title, the surviving
spouse’s rate shall be $2,213.
(3) Section 1311(b) is amended by striking ‘‘$237’’ and
inserting ‘‘$241’’.
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118 STAT. 3614
PUBLIC LAW 108–454—DEC. 10, 2004
(4) Section 1311(c) is amended by striking ‘‘$237’’ and
inserting ‘‘$241’’.
(5) Section 1311(d) is amended by striking ‘‘$113’’ and
inserting ‘‘$115’’.
(e) DEPENDENCY
AND INDEMNITY COMPENSATION
FOR CHIL-
DREN.—(1) Section 1313(a) is amended—
(A) by striking ‘‘$402’’ in paragraph (1) and inserting
‘‘$410’’;
(B) by striking ‘‘$578’’ in paragraph (2) and inserting
‘‘$590’’;
(C) by striking ‘‘$752’’ in paragraph (3) and inserting
‘‘$767’’; and
(D) by striking ‘‘$752’’ and ‘‘$145’’ in paragraph (4) and
inserting ‘‘$767’’ and ‘‘$148’’, respectively.
(2) Section 1314 is amended—
(A) by striking ‘‘$237’’ in subsection (a) and inserting
‘‘$241’’;
(B) by striking ‘‘$402’’ in subsection (b) and inserting
‘‘$410’’; and
(C) by striking ‘‘$201’’ in subsection (c) and inserting ‘‘$205’’.
SEC. 308. CROSS-REFERENCE AMENDMENTS RELATING TO CONCUR-
RENT PAYMENT OF RETIRED PAY AND VETERANS’ DIS-
ABILITY COMPENSATION.
(a) PROHIBITION AGAINST DUPLICATION OF BENEFITS.—Section
5304(a)(1) is amended by inserting ‘‘as provided in section 1414
of title 10 or’’ after ‘‘Except’’.
(b) WAIVER
OF RETIRED PAY.—Section 5305 is amended by
striking ‘‘Any’’ in the first sentence and inserting ‘‘Except as pro-
vided in section 1414 of title 10, any’’.
TITLE IV—HOUSING MATTERS
SEC. 401. AUTHORITY TO PROVIDE SPECIALLY ADAPTED HOUSING TO
CERTAIN DISABLED VETERANS.
The text of section 2101 is amended to read as follows:
‘‘(a) ACQUISITION OF HOUSING WITH SPECIAL FEATURES.—(1)
Subject to paragraph (3), the Secretary may assist a disabled vet-
eran described in paragraph (2) in acquiring a suitable housing
unit with special fixtures or movable facilities made necessary
by the nature of the veteran’s disability, and necessary land
therefor.
‘‘(2) A veteran is described in this paragraph if the veteran
is entitled to compensation under chapter 11 of this title for a
permanent and total service-connected disability that meets any
of the following criteria:
‘‘(A) The disability is due to the loss, or loss of use, of
both lower extremities such as to preclude locomotion without
the aid of braces, crutches, canes, or a wheelchair.
‘‘(B) The disability is due to—
‘‘(i) blindness in both eyes, having only light perception,
plus
‘‘(ii) loss or loss of use of one lower extremity.
‘‘(C) The disability is due to the loss or loss of use of
one lower extremity together with—
‘‘(i) residuals of organic disease or injury; or
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‘‘(ii) the loss or loss of use of one upper extremity,
which so affect the functions of balance or propulsion as to
preclude locomotion without the aid of braces, crutches, canes,
or a wheelchair.
‘‘(D) The disability is due to the loss, or loss of use, of
both upper extremities such as to preclude use of the arms
at or above the elbows.
‘‘(3) The regulations prescribed under subsection (c) shall
require that assistance under paragraph (1) may be provided to
a veteran only if the Secretary finds that—
‘‘(A) it is medically feasible for the veteran to reside in
the proposed housing unit and in the proposed locality;
‘‘(B) the proposed housing unit bears a proper relation
to the veteran’s present and anticipated income and expenses;
and
‘‘(C) the nature and condition of the proposed housing unit
are such as to be suitable to the veteran’s needs for dwelling
purposes.
‘‘(b) ADAPTATIONS TO RESIDENCE OF VETERAN.—(1) Subject to
paragraph (3), the Secretary shall assist any disabled veteran
described in paragraph (2) (other than a veteran who is eligible
for assistance under subsection (a))—
‘‘(A) in acquiring such adaptations to such veteran’s resi-
dence as are determined by the Secretary to be reasonably
necessary because of such disability; or
‘‘(B) in acquiring a residence already adapted with special
features determined by the Secretary to be reasonably nec-
essary for the veteran because of such disability.
‘‘(2) A veteran is described in this paragraph if the veteran
is entitled to compensation under chapter 11 of this title for a
permanent and total service-connected disability that meets either
of the following criteria:
‘‘(A) The disability is due to blindness in both eyes with
5/200 visual acuity or less.
‘‘(B) The disability includes the anatomical loss or loss
of use of both hands.
‘‘(3) Assistance under paragraph (1) may be provided only to
a veteran who the Secretary determines—
‘‘(A) is residing in and reasonably intends to continue
residing in a residence owned by such veteran or by a member
of such veteran’s family; or
‘‘(B) if the veteran’s residence is to be constructed or pur-
chased, will be residing in and reasonably intends to continue
residing in a residence owned by such veteran or by a member
of such veteran’s family.
‘‘(c) REGULATIONS.—Assistance under this section shall be pro-
vided in accordance with such regulations as the Secretary may
prescribe.’’.
SEC. 402. TRANSITIONAL HOUSING AMENDMENTS.
(a) USE OF VETERAN VOLUNTEERS.—Section 2051 is amended
by adding at the end the following new subsection:
‘‘(g) Notwithstanding any other provision of law, a multifamily
transitional housing project that is funded by a loan guaranteed
under this subchapter may accept uncompensated voluntary serv-
ices performed by any eligible entity (as that term is defined in
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section 2011(d) of this title) in connection with the construction,
alteration, or repair of such project.’’.
(b) AUTHORIZATION FOR COMMERCIALLY-LEASED SPACE.—Sec-
tion 2052(c)(1) is amended by striking ‘‘services’’ and inserting ‘‘serv-
ices, other commercial activities,’’.
SEC. 403. INCREASE IN MAXIMUM AMOUNT OF HOME LOAN GUARANTY
FOR CONSTRUCTION AND PURCHASE OF HOMES AND
ANNUAL INDEXING OF AMOUNT.
(a) MAXIMUM LOAN GUARANTY BASED
ON 100 PERCENT
OF
FREDDIE MAC CONFORMING LOAN RATE.—Section 3703(a)(1) is
amended by striking ‘‘$60,000’’ each place it appears in subpara-
graphs (A)(i)(IV) and (B) and inserting ‘‘the maximum guaranty
amount (as defined in subparagraph (C))’’.
(b) DEFINITION.—Such section is further amended by adding
at the end the following new subparagraph:
‘‘(C) In this paragraph, the term ‘maximum guaranty amount’
means the dollar amount that is equal to 25 percent of the Freddie
Mac conforming loan limit limitation determined under section
305(a)(2) of the Federal Home Loan Mortgage Corporation Act
(12 U.S.C. 1454(a)(2)) for a single-family residence, as adjusted
for the year involved.’’.
SEC. 404. EXTENSION OF AUTHORITY FOR GUARANTEE OF ADJUST-
ABLE RATE MORTGAGES.
Section 3707(a) is amended by striking ‘‘during fiscal years
1993, 1994, and 1995’’ and inserting ‘‘during fiscal years 1993
through 2008’’.
SEC. 405. EXTENSION AND IMPROVEMENT OF AUTHORITY FOR GUAR-
ANTEE OF HYBRID ADJUSTABLE RATE MORTGAGES.
(a) EXTENSION OF AUTHORITY.—Subsection (a) of section 3707A
is amended by striking ‘‘during fiscal years 2004 and 2005’’ and
inserting ‘‘during fiscal years 2004 through 2008’’.
(b) MODIFICATION OF INTEREST RATE ADJUSTMENT REQUIRE-
MENTS.—Subsection (c) of such section is amended—
(1) by redesignating paragraph (4) as paragraph (5);
(2) by striking paragraph (3) and inserting the following
new paragraphs:
‘‘(3) in the case of the initial contract interest rate
adjustment—
‘‘(A) if the initial contract interest rate remained fixed
for less than 5 years, be limited to a maximum increase
or decrease of 1 percentage point; or
‘‘(B) if the initial contract interest rate remained fixed
for 5 years or more, be limited to a maximum increase
or decrease of such percentage point or points as the Sec-
retary may prescribe;
‘‘(4) in the case of any single annual interest rate adjust-
ment after the initial contract interest rate adjustment, be
limited to a maximum increase or decrease of 1 percentage
point; and’’; and
(3) in paragraph (5), as so redesignated, by striking ‘‘5
percentage points’’ and all that follows and inserting ‘‘such
number of percentage points as the Secretary shall prescribe
for purposes of this section.’’.
(c) NO EFFECT
ON GUARANTEE
OF LOANS UNDER HYBRID
ADJUSTABLE
RATE
MORTGAGE
GUARANTEE
DEMONSTRATION
38 USC 3707A
note.
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PROJECT.—The amendments made by this section shall not be con-
strued to affect the force or validity of any guarantee of a loan
made by the Secretary of Veterans Affairs under the demonstration
project for the guarantee of hybrid adjustable rate mortgages under
section 3707A of title 38, United States Code, as in effect on
the day before the date of the enactment of this Act.
SEC. 406. TERMINATION OF COLLECTION OF LOAN FEES FROM VET-
ERANS RATED ELIGIBLE FOR COMPENSATION AT PRE-DIS-
CHARGE RATING EXAMINATIONS.
Section 3729(c) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘A fee’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) A veteran who is rated eligible to receive compensation
as a result of a pre-discharge disability examination and rating
shall be treated as receiving compensation for purposes of this
subsection as of the date on which the veteran is rated eligible
to receive compensation as a result of the pre-discharge disability
examination and rating without regard to whether an effective
date of the award of compensation is established as of that date.’’.
SEC. 407. THREE-YEAR EXTENSION OF NATIVE AMERICAN VETERAN
HOUSING LOAN PILOT PROGRAM.
Section 3761(c) is amended by striking ‘‘December 31, 2005’’
and inserting ‘‘December 31, 2008’’.
TITLE V—MATTERS RELATING TO
FIDUCIARIES
SEC. 501. DEFINITION OF FIDUCIARY.
(a) IN GENERAL.—(1) Chapter 55 is amended by adding at
the end the following new section:
‘‘§ 5506. Definition of ‘fiduciary’
‘‘For purposes of this chapter and chapter 61 of this title,
the term ‘fiduciary’ means—
‘‘(1) a person who is a guardian, curator, conservator, com-
mittee, or person legally vested with the responsibility or care
of a claimant (or a claimant’s estate) or of a beneficiary (or
a beneficiary’s estate); or
‘‘(2) any other person having been appointed in a represent-
ative capacity to receive money paid under any of the laws
administered by the Secretary for the use and benefit of a
minor, incompetent, or other beneficiary.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘5506. Definition of ‘fiduciary’.’’.
(b) CONFORMING AMENDMENTS TO SECTION 5502.—Section 5502
is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘other person’’ and
inserting ‘‘other fiduciary’’; and
(B) in the second sentence of paragraph (2), by
inserting ‘‘for benefits under this title’’ after ‘‘in connection
with rendering fiduciary services’’;
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(2) in subsection (b), by striking ‘‘guardian, curator, conser-
vator, or other person’’ each place it appears and inserting
‘‘fiduciary’’; and
(3) in subsection (d), by striking ‘‘guardian, curator, or
conservator’’ and inserting ‘‘fiduciary’’.
(c) CONFORMING
AMENDMENT
TO
SECTION
6101.—Section
6101(a) is amended by striking ‘‘guardian, curator,’’ and all that
follows through ‘‘beneficiary,’’ and inserting ‘‘fiduciary (as defined
in section 5506 of this title) for the benefit of a minor, incompetent,
or other beneficiary under laws administered by the Secretary,’’.
SEC. 502. INQUIRY, INVESTIGATIONS, AND QUALIFICATION OF FIDU-
CIARIES.
(a) IN GENERAL.—Chapter 55, as amended by section 501(a)(1),
is further amended by adding at the end the following new section:
‘‘§ 5507. Inquiry, investigations, and qualification of fidu-
ciaries
‘‘(a) Any certification of a person for payment of benefits of
a beneficiary to that person as such beneficiary’s fiduciary under
section 5502 of this title shall be made on the basis of—
‘‘(1) an inquiry or investigation by the Secretary of the
fitness of that person to serve as fiduciary for that beneficiary,
such inquiry or investigation—
‘‘(A) to be conducted in advance of such certification;
‘‘(B) to the extent practicable, to include a face-to-
face interview with such person; and
‘‘(C) to the extent practicable, to include a copy of
a credit report for such person issued within one year
of the date of the proposed appointment;
‘‘(2) adequate evidence that certification of that person
as fiduciary for that beneficiary is in the interest of such
beneficiary (as determined by the Secretary under regulations);
and
‘‘(3) the furnishing of any bond that may be required by
the Secretary.
‘‘(b) As part of any inquiry or investigation of any person
under subsection (a), the Secretary shall request information con-
cerning whether that person has been convicted of any offense
under Federal or State law which resulted in imprisonment for
more than one year. If that person has been convicted of such
an offense, the Secretary may certify the person as a fiduciary
only if the Secretary finds that the person is an appropriate person
to act as fiduciary for the beneficiary concerned under the cir-
cumstances.
‘‘(c)(1) In the case of a proposed fiduciary described in paragraph
(2), the Secretary, in conducting an inquiry or investigation under
subsection (a)(1), may carry out such inquiry or investigation on
an expedited basis that may include waiver of any specific require-
ment relating to such inquiry or investigation, including the other-
wise applicable provisions of subparagraphs (A), (B), and (C) of
such subsection. Any such inquiry or investigation carried out on
such an expedited basis shall be carried out under regulations
prescribed for purposes of this section.
‘‘(2) Paragraph (1) applies with respect to a proposed fiduciary
who is—
Applicability.
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‘‘(A) the parent (natural, adopted, or stepparent) of a bene-
ficiary who is a minor;
‘‘(B) the spouse or parent of an incompetent beneficiary;
‘‘(C) a person who has been appointed a fiduciary of the
beneficiary by a court of competent jurisdiction; or
‘‘(D) being appointed to manage an estate where the annual
amount of veterans benefits to be managed by the proposed
fiduciary does not exceed $3,600, as adjusted pursuant to sec-
tion 5312 of this title.
‘‘(d) TEMPORARY FIDUCIARIES.—When in the opinion of the Sec-
retary, a temporary fiduciary is needed in order to protect the
assets of the beneficiary while a determination of incompetency
is being made or appealed or a fiduciary is appealing a determina-
tion of misuse, the Secretary may appoint one or more temporary
fiduciaries for a period not to exceed 120 days. If a final decision
has not been made within 120 days, the Secretary may not continue
the appointment of the fiduciary without obtaining a court order
for appointment of a guardian, conservator, or other fiduciary under
the authority provided in section 5502(b) of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding after the item added
by section 501(a)(2) the following new item:
‘‘5507. Inquiry, investigations, and qualification of fiduciaries.’’.
SEC. 503. MISUSE OF BENEFITS BY FIDUCIARIES.
(a) PROTECTION OF VETERANS BENEFITS WHEN ADMINISTERED
BY FIDUCIARIES.—(1) Chapter 61 is amended by adding at the
end the following new sections:
‘‘§ 6106. Misuse of benefits by fiduciaries
‘‘(a) FEE FORFEITURE IN CASE OF BENEFIT MISUSE BY FIDU-
CIARIES.—A fiduciary may not collect a fee from a beneficiary for
any month with respect to which the Secretary or a court of com-
petent jurisdiction has determined that the fiduciary misused all
or part of the individual’s benefit, and any amount so collected
by the fiduciary as a fee for such month shall be treated as a
misused part of the individual’s benefit.
‘‘(b) MISUSE
OF BENEFITS DEFINED.—For purposes of this
chapter, misuse of benefits by a fiduciary occurs in any case in
which the fiduciary receives payment, under any of laws adminis-
tered by the Secretary, for the use and benefit of a beneficiary
and uses such payment, or any part thereof, for a use other than
for the use and benefit of such beneficiary or that beneficiary’s
dependents. Retention by a fiduciary of an amount of a benefit
payment as a fiduciary fee or commission, or as attorney’s fees
(including expenses) and court costs, if authorized by the Secretary
or a court of competent jurisdiction, shall be considered to be
for the use or benefit of such beneficiary.
‘‘(c) REGULATIONS.—The Secretary may prescribe by regulation
the meaning of the term ‘use and benefit’ for purposes of this
section.
‘‘§ 6107. Reissuance of benefits
‘‘(a) NEGLIGENT FAILURE BY SECRETARY.—(1) In any case in
which the negligent failure of the Secretary to investigate or monitor
a fiduciary results in misuse of benefits by the fiduciary, the Sec-
retary shall pay to the beneficiary or the beneficiary’s successor
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fiduciary an amount equal to the amount of benefits that were
so misused.
‘‘(2) There shall be considered to have been a negligent failure
by the Secretary to investigate and monitor a fiduciary in the
following cases:
‘‘(A) A case in which the Secretary failed to review a
fiduciary’s accounting within 60 days of the date on which
that accounting is scheduled for review.
‘‘(B) A case in which the Secretary was notified of allega-
tions of misuse, but failed to act within 60 days of the date
of such notification to terminate the fiduciary.
‘‘(C) In any other case in which actual negligence is shown.
‘‘(b) REISSUANCE
OF MISUSED BENEFITS
IN OTHER CASES.—
(1) In any case in which a fiduciary described in paragraph (2)
misuses all or part of an individual’s benefit paid to such fiduciary,
the Secretary shall pay to the beneficiary or the beneficiary’s suc-
cessor fiduciary an amount equal to the amount of such benefit
so misused.
‘‘(2) Paragraph (1) applies to a fiduciary that—
‘‘(A) is not an individual; or
‘‘(B) is an individual who, for any month during a period
when misuse occurs, serves 10 or more individuals who are
beneficiaries under this title.
‘‘(3) In any other case in which the Secretary obtains
recoupment from a fiduciary who has misused benefits, the Sec-
retary shall promptly remit payment of the recouped amounts to
the beneficiary or the beneficiary’s successor fiduciary as the case
may be.
‘‘(c) LIMITATION
ON TOTAL AMOUNT PAID.—The total of the
amounts paid to a beneficiary (or a beneficiary’s successor fiduciary)
under this section may not exceed the total benefit amount misused
by the fiduciary with respect to that beneficiary.
‘‘(d) RECOUPMENT OF AMOUNTS REISSUED.—In any case in which
the Secretary reissues a benefit payment (in whole or in part)
under subsection (a) or (b), the Secretary shall make a good faith
effort to obtain recoupment from the fiduciary to whom the payment
was originally made.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new items:
‘‘6106. Misuse of benefits by fiduciaries.
‘‘6107. Reissuance of benefits.’’.
SEC. 504. ADDITIONAL 
PROTECTIONS 
FOR 
BENEFICIARIES 
WITH
FIDUCIARIES.
(a) ONSITE REVIEWS AND REQUIRED ACCOUNTINGS.—(1) Chapter
55, as amended by section 502(a), is further amended by adding
at the end the following new sections:
‘‘§ 5508. Periodic onsite reviews of institutional fiduciaries
‘‘In addition to such other reviews of fiduciaries as the Secretary
may otherwise conduct, the Secretary shall provide for the periodic
onsite review of any person or agency located in the United States
that receives the benefits payable under laws administered by the
Secretary to another individual pursuant to the appointment of
such person or agency as a fiduciary under section 5502(a)(1) of
this title in any case in which the fiduciary is serving in that
capacity with respect to more than 20 beneficiaries and the total
Applicability.
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118 STAT. 3621
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annual amount of such benefits exceeds $50,000, as adjusted pursu-
ant to section 5312 of this title.
‘‘§ 5509. Authority to require fiduciary to receive payments
at regional offices of the Department when
failing to provide required accounting
‘‘(a) REQUIRED REPORTS AND ACCOUNTINGS.—The Secretary may
require a fiduciary to file a report or accounting pursuant to regula-
tions prescribed by the Secretary.
‘‘(b) ACTIONS UPON FAILURE TO FILE.—In any case in which
a fiduciary fails to submit a report or accounting required by the
Secretary under subsection (a), the Secretary may, after furnishing
notice to such fiduciary and the beneficiary entitled to such payment
of benefits, require that such fiduciary appear in person at a
regional office of the Department serving the area in which the
beneficiary resides in order to receive such payments.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item added by section 502(b) the
following new items:
‘‘5508. Periodic onsite reviews of institutional fiduciaries.
‘‘5509. Authority to require fiduciary to receive payments at regional offices of the
Department when failing to provide required accounting.’’.
(b) JUDICIAL ORDERS
OF RESTITUTION.—(1) Chapter 61, as
amended by section 503(a), is further amended by adding at the
end the following new section:
‘‘§ 6108. Authority for judicial orders of restitution
‘‘(a) Any Federal court, when sentencing a defendant convicted
of an offense arising from the misuse of benefits under this title,
may order, in addition to or in lieu of any other penalty authorized
by law, that the defendant make restitution to the Department.
‘‘(b) Sections 3612, 3663, and 3664 of title 18 shall apply with
respect to the issuance and enforcement of orders of restitution
under subsection (a). In so applying those sections, the Department
shall be considered the victim.
‘‘(c) If the court does not order restitution, or orders only partial
restitution, under subsection (a), the court shall state on the record
the reasons therefor.
‘‘(d) Amounts received in connection with misuse by a fiduciary
of funds paid as benefits under laws administered by the Secretary
shall be paid to the individual whose benefits were misused. If
the Secretary has previously reissued the misused benefits, the
amounts shall be treated in the same manner as overpayments
recouped by the Secretary and shall be deposited to the credit
of the applicable revolving fund, trust fund, or appropriation.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item added by section 503(b) the
following new item:
‘‘6108. Authority for judicial orders of restitution.’’.
SEC. 505. ANNUAL REPORT.
(a) IN GENERAL.—Chapter 55, as amended by section 504(a)(1),
is further amended by adding at the end the following new section:
‘‘§ 5510. Annual report
‘‘The Secretary shall include in the Annual Benefits Report
of the Veterans Benefits Administration or the Secretary’s Annual
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118 STAT. 3622
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Performance and Accountability Report information concerning fidu-
ciaries who have been appointed to receive payments for bene-
ficiaries of the Department. As part of such information, the
Secretary shall separately set forth the following: —
‘‘(1) The number of beneficiaries in each category (veteran,
surviving spouse, child, adult disabled child, or parent).
‘‘(2) The types of benefit being paid (compensation, pension,
dependency and indemnity compensation, death pension or
benefits payable to a disabled child under chapter 18 of this
title).
‘‘(3) The total annual amounts and average annual amounts
of benefits paid to fiduciaries for each category and type of
benefit.
‘‘(4) The number of fiduciaries who are the spouse, parent,
legal custodian, court-appointed fiduciary, institutional fidu-
ciary, custodian in fact, and supervised direct payees.
‘‘(5) The number of cases in which the fiduciary was
changed by the Secretary because of a finding that benefits
had been misused.
‘‘(6) How such cases of misuse of benefits were addressed
by the Secretary.
‘‘(7) The final disposition of such cases of misuse of benefits,
including the number and dollar amount of any benefits
reissued to beneficiaries.
‘‘(8) The number of fiduciary cases referred to the Office
of the Inspector General and the nature of the actions taken
by the Inspector General.
‘‘(9) The total amount of money recovered by the govern-
ment in cases arising from the misuse of benefits by a fiduciary.
‘‘(10) Such other information as the Secretary considers
appropriate.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding after the items added
by the amendment made by section 504(a)(2) the following new
item:
‘‘5510. Annual report.’’.
SEC. 506. ANNUAL ADJUSTMENT IN BENEFITS THRESHOLDS.
Section 5312(b)(1) is amended by inserting ‘‘and the annual
benefit amount limitations under sections 5507(c)(2)(D) and 5508
of this title,’’ after ‘‘(d)(3) of such section,’’.
SEC. 507. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise provided, this title and
the amendments made by this title shall take effect on the first
day of the seventh month beginning after the date of the enactment
of this Act.
(b) SPECIAL RULES.—(1) Section 5510 of title 38, United States
Code, as added by section 505(a), shall take effect on the date
of the enactment of this Act.
(2) Sections 6106 and 6107 of title 38, United States Code,
as added by section 503(a), shall apply with respect to any deter-
minations by the Secretary of Veterans Affairs made after the
date of the enactment of this Act of misuse of funds by a fiduciary.
38 USC 5312
note.
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TITLE VI—MEMORIAL AFFAIRS
MATTERS
SEC. 601. DESIGNATION OF PRISONER OF WAR/MISSING IN ACTION
NATIONAL MEMORIAL, RIVERSIDE NATIONAL CEMETERY,
RIVERSIDE, CALIFORNIA.
(a) DESIGNATION.—The memorial to former prisoners of war
and members of the Armed Forces listed as missing in action
that is under construction at Riverside National Cemetery in River-
side, California, is hereby designated: ‘‘Prisoner of War/Missing
in Action National Memorial’’.
(b) EFFECT
OF DESIGNATION.—Such national memorial des-
ignated by subsection (a) is not a unit of the National Park System,
and the designation of the national memorial shall not be construed
to require Federal funds to be expended for any purpose related
to the national memorial.
SEC. 602. LEASE OF CERTAIN NATIONAL CEMETERY ADMINISTRATION
PROPERTY.
(a) IN GENERAL.—Chapter 24 is amended by adding at the
end the following new section:
‘‘§ 2412. Lease of land and buildings
‘‘(a) LEASE AUTHORIZED.—The Secretary may lease any undevel-
oped land and unused or underutilized buildings, or parts or parcels
thereof, belonging to the United States and part of the National
Cemetery Administration.
‘‘(b) TERM.—The term of a lease under subsection (a) may
not exceed 10 years.
‘‘(c) LEASE TO PUBLIC OR NONPROFIT ORGANIZATIONS.—(1) A
lease under subsection (a) to any public or nonprofit organization
may be made without regard to the provisions of section 3709
of the Revised Statutes (41 U.S.C. 5).
‘‘(2) Notwithstanding section 1302 of title 40 or any other
provision of law, a lease under subsection (a) to any public or
nonprofit organization may provide for the maintenance, protection,
or restoration of the leased property by the lessee, as a part or
all of the consideration for the lease.
‘‘(d) NOTICE.—Before entering into a lease under subsection
(a), the Secretary shall give appropriate public notice of the
intention of the Secretary to enter into the lease in a newspaper
of general circulation in the community in which the lands or
buildings concerned are located.
‘‘(e) NATIONAL CEMETERY ADMINISTRATION FACILITIES OPER-
ATION FUND.—(1) There is established on the book of the Treasury
an account to be known as the ‘National Cemetery Administration
Facilities Operation Fund’ (in this section referred to as the ‘Fund’).
‘‘(2) The Fund shall consist of the following:
‘‘(A) Proceeds from the lease of land or buildings under
this section.
‘‘(B) Proceeds of agricultural licenses of lands of the
National Cemetery Administration.
‘‘(C) Any other amounts appropriated to or otherwise
authorized for deposit in the Fund by law.
16 USC 431 note.
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‘‘(3) Amounts in the Fund shall be available to cover costs
incurred by the National Cemetery Administration in the operation
and maintenance of property of the Administration.
‘‘(4) Amounts in the Fund shall remain available until
expended.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘2412. Lease of land and buildings.’’.
SEC. 603. EXCHANGES OF REAL PROPERTY FOR NATIONAL CEME-
TERIES.
Section 2406 is amended by inserting ‘‘exchange,’’ after ‘‘agen-
cies,’’.
TITLE VII—IMPROVEMENTS TO
SERVICEMEMBERS CIVIL RELIEF ACT
SEC. 701. CLARIFICATION OF MEANING OF ‘‘JUDGMENT’’ AS USED IN
THE ACT.
Section 101 of the Servicemembers Civil Relief Act (50 U.S.C.
App. 511) is amended by adding at the end the following new
paragraph:
‘‘(9) JUDGMENT.—The term ‘judgment’ means any judgment,
decree, order, or ruling, final or temporary.’’.
SEC. 702. REQUIREMENTS RELATING TO WAIVER OF RIGHTS UNDER
THE ACT.
Section 107 of the Servicemembers Civil Relief Act (50 U.S.C.
App. 517) is amended—
(1) in subsection (a), by inserting after the first sentence
the following new sentence: ‘‘Any such waiver that applies
to an action listed in subsection (b) of this section is effective
only if it is in writing and is executed as an instrument separate
from the obligation or liability to which it applies.’’;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) PROMINENT
DISPLAY
OF
CERTAIN
CONTRACT
RIGHTS
WAIVERS.—Any waiver in writing of a right or protection provided
by this Act that applies to a contract, lease, or similar legal
instrument must be in at least 12 point type.’’.
SEC. 703. RIGHT OF SERVICEMEMBER PLAINTIFFS TO REQUEST STAY
OF CIVIL PROCEEDINGS.
Section 202(a) of the Servicemembers Civil Relief Act (50 U.S.C.
App. 522(a)) is amended by inserting ‘‘plaintiff or’’ before ‘‘defend-
ant’’.
SEC. 704. TERMINATION OF LEASES.
(a) JOINT
LEASES.—Subsection (a) of section 305 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 535) is amended
to read as follows:
‘‘(a) TERMINATION BY LESSEE.—
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118 STAT. 3625
PUBLIC LAW 108–454—DEC. 10, 2004
‘‘(1) IN GENERAL.—The lessee on a lease described in sub-
section (b) may, at the lessee’s option, terminate the lease
at any time after—
‘‘(A) the lessee’s entry into military service; or
‘‘(B) the date of the lessee’s military orders described
in paragraph (1)(B) or (2)(B) of subsection (b), as the case
may be.
‘‘(2) JOINT LEASES.—A lessee’s termination of a lease pursu-
ant to this subsection shall terminate any obligation a
dependent of the lessee may have under the lease.’’.
(b) MOTOR VEHICLES LEASES.—
(1) APPLICABILITY TO PCS ORDERS FROM STATES OUTSIDE
CONUS.—Subparagraph (B) of subsection (b)(2) of such section
is amended by striking ‘‘military orders for’’ and all that follows
through ‘‘or to deploy’’ and inserting ‘‘military orders—
‘‘(i) for a change of permanent station—
‘‘(I) from a location in the continental United
States to a location outside the continental United
States; or
‘‘(II) from a location in a State outside the
continental United States to any location outside
that State; or
‘‘(ii) to deploy’’.
(2) DEFINITIONS.—Such section is further amended by
adding at the end the following new subsection:
‘‘(i) DEFINITIONS.—
‘‘(1) MILITARY ORDERS.—The term ‘military orders’, with
respect to a servicemember, means official military orders, or
any 
notification, 
certification, 
or 
verification 
from 
the
servicemember’s commanding officer, with respect to the
servicemember’s current or future military duty status.
‘‘(2) CONUS.—The term ‘continental United States’ means
the 48 contiguous States and the District of Columbia.’’.
(c) COVERAGE
OF INDIVIDUAL DEPLOYMENTS.—Subsection (b)
of such section is further amended in paragraph (1)(B) and para-
graph (2)(B)(ii) (as designated by subsection (b) of this section)
by inserting ‘‘, or as an individual in support of a military oper-
ation,’’ after ‘‘deploy with a military unit’’.
TITLE VIII—OTHER MATTERS
SEC. 801. PRINCIPAL OFFICE OF UNITED STATES COURT OF APPEALS
FOR VETERANS CLAIMS.
Section 7255 is amended by striking ‘‘District of Columbia’’
and inserting ‘‘Washington, D.C., metropolitan area’’.
SEC. 802. TECHNICAL AMENDMENTS RELATING TO THE UNITED
STATES COURT OF APPEALS FOR VETERANS CLAIMS.
(a) RESTORATION
OF PRIOR PROVISION RELATING
TO CHIEF
JUDGE.—Section 7253(d)(1) is amended by inserting after ‘‘(1)’’ the
following: ‘‘The chief judge of the Court is the head of the Court.’’.
(b) CAPITALIZATION
AMENDMENTS.—Section 7253(d)(4)(A) is
amended by striking ‘‘court’’ in clauses (i) and (ii) and inserting
‘‘Court’’.
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118 STAT. 3626
PUBLIC LAW 108–454—DEC. 10, 2004
(c) DATE
OF ENACTMENT REFERENCE.—Section 7253(h)(4) is
amended by striking ‘‘the date of the enactment of this subsection’’
and inserting ‘‘December 27, 2001,’’.
SEC. 803. EXTENSION OF BIENNIAL REPORT OF ADVISORY COM-
MITTEE ON FORMER PRISONERS OF WAR.
Section 541(c)(1) is amended by striking ‘‘2003’’ and inserting
‘‘2009’’.
SEC. 804. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REDRESS
FOR CERTAIN VETERANS DENIED OPPORTUNITY TO COM-
PETE FOR FEDERAL EMPLOYMENT.
(a) ADMINISTRATIVE REDRESS.—Section 3330a(a)(1) of title 5,
United States Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B) A veteran described in section 3304(f)(1) who alleges that
an agency has violated such section with respect to such veteran
may file a complaint with the Secretary of Labor.’’.
(b) JUDICIAL
REDRESS.—Section 3330b(a) is amended by
inserting ‘‘, or a veteran described by section 3330a(a)(1)(B) with
respect to a violation described by such section,’’ after ‘‘a preference
eligible’’.
SEC. 805. REPORT ON SERVICEMEMBERS’ AND VETERANS’ AWARE-
NESS OF BENEFITS AND SERVICES AVAILABLE UNDER
LAWS ADMINISTERED BY SECRETARY OF VETERANS
AFFAIRS.
(a) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report setting forth a detailed description of (1)
the outreach efforts of the Department of Veterans Affairs, as
of the date of the enactment of this Act, to inform members of
the uniformed services and veterans (and their family members
and survivors) of the benefits and services to which they are entitled
under laws administered by the Secretary, and (2) the current
level of awareness of those members and veterans (and family
members and survivors) of those benefits and services.
(b) MATTERS TO BE INCLUDED.—The report under subsection
(a) shall include the following:
(1) A description of the outreach activities conducted by
the Secretary in each of the three Administrations of the
Department of Veterans Affairs and outreach activities con-
ducted by other entities within the Department.
(2) The results of a national survey, conducted as described
in subsection (c), to ascertain servicemembers’ and veterans’
level of awareness of benefits and services referred to in sub-
section (a) and whether servicemembers and veterans know
how to access those benefits and services.
(3) Recommendations by the Secretary on how outreach
and awareness activities to veterans and servicemembers may
be improved.
(c) CONDUCT OF SURVEY.—The survey conducted for purposes
of subsection (b)(2) shall be conducted in a manner to include
a statistically valid sample of persons in each of the following
groups:
(1) World War II veterans.
(2) Korean conflict era veterans.
5 USC 3330b.
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118 STAT. 3627
PUBLIC LAW 108–454—DEC. 10, 2004
LEGISLATIVE HISTORY—S. 2486:
SENATE REPORTS: No. 108–352 (Comm. on Veterans’ Affairs).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 8, considered and passed Senate.
Nov. 17, considered and passed House.
(3) Vietnam era veterans.
(4) Persian Gulf era veterans.
(5) Active duty servicemembers.
(6) National Guard and Reserve members activated under
title 10, United States Code.
(7) Family members and survivors.
Approved December 10, 2004.
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