Veterans Benefits Act of 2003
PL 108-183 (H.R.2297), enacted 12/16/2003

117 STAT. 2651
PUBLIC LAW 108–183—DEC. 16, 2003
Public Law 108–183
108th Congress
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.
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 Act of 2003’’.
(b) TABLE OF CONTENTS.—The table of contents for 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 re-
marrying 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 sur-
vivors 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 self-em-
ployment 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 assist-
ance.
Sec. 305. Authorization for State approving agencies to approve certain entrepre-
neurship 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.
38 USC 101 note.
Veterans
Benefits Act of
2003.
Dec. 16, 2003
[H.R. 2297]
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117 STAT. 2652
PUBLIC LAW 108–183—DEC. 16, 2003
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.
Sec. 403. Permanent authority for housing loans for members of the Selected Re-
serve.
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 ceme-
teries.
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 ben-
efits 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 cost-of-
living adjustments.
Sec. 707. Codification of requirement for expeditious treatment of cases on remand.
Sec. 708. Technical and clerical amendments.
SEC. 2. REFERENCES 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.
TITLE I—SURVIVOR BENEFITS
SEC. 101. RETENTION OF CERTAIN VETERANS SURVIVOR BENEFITS
FOR SURVIVING SPOUSES REMARRYING AFTER AGE 57.
(a) 
EXCEPTION
TO
TERMINATION
OF
BENEFITS
UPON
REMARRIAGE.—Section 103(d)(2)(B) is amended by striking ‘‘The
remarriage after age 55’’ and inserting ‘‘The remarriage after age
57 of the surviving spouse of a veteran shall not bar the furnishing
of benefits specified in paragraph (5) to such person as the surviving
spouse of the veteran. Notwithstanding the previous sentence, the
remarriage after age 55’’.
(b) COORDINATION OF BENEFITS.—Section 1311 is amended by
adding at the end the following new subsection:
‘‘(e) In the case of an individual who is eligible for dependency
and indemnity compensation under this section by reason of section
103(d)(2)(B) of this title who is also eligible for benefits under
another provision of law by reason of such individual’s status as
38 USC 103.
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117 STAT. 2653
PUBLIC LAW 108–183—DEC. 16, 2003
the surviving spouse of a veteran, then, notwithstanding any other
provision of law (other than section 5304(b)(3) of this title), no
reduction in benefits under such other provision of law shall be
made by reason of such individual’s eligibility for benefits under
this section.’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect on January 1, 2004.
(d) RETROACTIVE BENEFITS PROHIBITED.—No benefit may be
paid to any person by reason of the amendments made by sub-
sections (a) and (b) for any period before the effective date specified
in subsection (c).
(e) APPLICATION FOR BENEFITS.—In the case of an individual
who but for having remarried would be eligible for benefits under
title 38, United States Code, by reason of the amendment made
by subsection (a) and whose remarriage was before the date of
the enactment of this Act and after the individual had attained
age 57, the individual shall be eligible for such benefits by reason
of such amendment only if the individual submits an application
for such benefits to the Secretary of Veterans Affairs not later
than the end of the one-year period beginning on the date of
the enactment of this Act.
(f) TECHNICAL CORRECTION.—Section 101(b) of the Veterans
Benefits Act of 2002 (Public Law 107–330; 116 Stat. 2821; 38
U.S.C. 103 note) is amended by striking ‘‘during the 1-year period’’
and all that follows through ‘‘(c)’’ and inserting ‘‘before the end
of the one-year period beginning on the date of the enactment
of the Veterans Benefits Act of 2003’’.
SEC. 102. BENEFITS FOR CHILDREN WITH SPINA BIFIDA OF VETERANS
OF CERTAIN SERVICE IN KOREA.
(a) IN GENERAL.—Chapter 18 is amended—
(1) by redesignating subchapter III, and sections 1821,
1822, 1823, and 1824, as subchapter IV, and sections 1831,
1832, 1833, and 1834, respectively; and
(2) by inserting after subchapter II the following new sub-
chapter III:
‘‘SUBCHAPTER III—CHILDREN OF CERTAIN KOREA SERVICE
VETERANS BORN WITH SPINA BIFIDA
‘‘§ 1821. Benefits for children of certain Korea service vet-
erans born with spina bifida
‘‘(a) BENEFITS AUTHORIZED.—The Secretary may provide to any
child of a veteran of covered service in Korea who is suffering
from spina bifida the health care, vocational training and rehabilita-
tion, and monetary allowance required to be paid to a child of
a Vietnam veteran who is suffering from spina bifida under sub-
chapter I of this chapter as if such child of a veteran of covered
service in Korea were a child of a Vietnam veteran who is suffering
from spina bifida under such subchapter.
‘‘(b) SPINA BIFIDA CONDITIONS COVERED.—This section applies
with respect to all forms and manifestations of spina bifida, except
spina bifida occulta.
‘‘(c) VETERAN OF COVERED SERVICE IN KOREA.—For purposes
of this section, a veteran of covered service in Korea is any indi-
vidual, without regard to the characterization of that individual’s
service, who—
Effective date.
38 USC 103 note.
38 USC 103 note.
38 USC 103 note.
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117 STAT. 2654
PUBLIC LAW 108–183—DEC. 16, 2003
‘‘(1) served in the active military, naval, or air service
in or near the Korean demilitarized zone (DMZ), as determined
by the Secretary in consultation with the Secretary of Defense,
during the period beginning on September 1, 1967, and ending
on August 31, 1971; and
‘‘(2) is determined by the Secretary, in consultation with
the Secretary of Defense, to have been exposed to a herbicide
agent during such service in or near the Korean demilitarized
zone.
‘‘(d) HERBICIDE AGENT.—For purposes of this section, the term
‘herbicide agent’ means a chemical in a herbicide used in support
of United States and allied military operations in or near the
Korean demilitarized zone, as determined by the Secretary in con-
sultation with the Secretary of Defense, during the period beginning
on September 1, 1967, and ending on August 31, 1971.’’.
(b) CHILD DEFINED.—Section 1831, as redesignated by sub-
section (a) of this section, is amended by striking paragraph (1)
and inserting the following new paragraph (1):
‘‘(1) The term ‘child’ means the following:
‘‘(A) For purposes of subchapters I and II of this
chapter, an individual, regardless of age or marital status,
who—
‘‘(i) is the natural child of a Vietnam veteran;
and
‘‘(ii) was conceived after the date on which that
veteran first entered the Republic of Vietnam during
the Vietnam era.
‘‘(B) For purposes of subchapter III of this chapter,
an individual, regardless of age or marital status, who—
‘‘(i) is the natural child of a veteran of covered
service in Korea (as determined for purposes of section
1821 of this title); and
‘‘(ii) was conceived after the date on which that
veteran first entered service described in subsection
(c) of that section.’’.
(c) NONDUPLICATION OF BENEFITS.—Subsection (a) of section
1834, as redesignated by subsection (a) of this section, is amended
by adding at the end the following new sentence: ‘‘In the case
of a child eligible for benefits under subchapter I or II of this
chapter who is also eligible for benefits under subchapter III of
this chapter, a monetary allowance shall be paid under the sub-
chapter of this chapter elected by the child.’’.
(d) CONFORMING
AMENDMENTS.—(1) Section 1811(1)(A) is
amended by striking ‘‘section 1821(1)’’ and inserting ‘‘section
1831(1)’’.
(2) The heading for chapter 18 is amended to read as follows:
‘‘CHAPTER 18—BENEFITS FOR CHILDREN OF VIETNAM
VETERANS AND CERTAIN OTHER VETERANS’’.
(e) CLERICAL AMENDMENTS.—(1) The table of sections at the
beginning of chapter 18 is amended by striking the items relating
to subchapter III and sections 1821, 1822, 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.
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117 STAT. 2655
PUBLIC LAW 108–183—DEC. 16, 2003
‘‘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.’’.
(2) The table of chapters at the beginning of title 38, United
States Code, and at the beginning of part II, are each amended
by striking the item relating to chapter 18 and inserting the fol-
lowing new item:
‘‘18. Benefits for Children of Vietnam Veterans and Certain Other
Veterans .................................................................................................. 1802’’.
SEC. 103. ALTERNATIVE BENEFICIARIES FOR NATIONAL SERVICE LIFE
INSURANCE AND UNITED STATES GOVERNMENT LIFE
INSURANCE.
(a) NATIONAL
SERVICE
LIFE
INSURANCE.—Section 1917 is
amended by adding at the end the following new subsection:
‘‘(f)(1) Following the death of the insured and in a case not
covered by subsection (d)—
‘‘(A) if the first beneficiary otherwise entitled to payment
of the insurance does not make a claim for such payment
within two years after the death of the insured, payment may
be made to another beneficiary designated by the insured,
in the order of precedence as designated by the insured, as
if the first beneficiary had predeceased the insured; and
‘‘(B) if, within four years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any notice
in writing that any such claim will be made, payment may
(notwithstanding any other provision of law) be made to such
person as may in the judgment of the Secretary be equitably
entitled thereto.
‘‘(2) Payment of insurance under paragraph (1) shall be a bar
to recovery by any other person.’’.
(b) UNITED STATES GOVERNMENT LIFE INSURANCE.—Section
1952 is amended by adding at the end the following new subsection:
‘‘(c)(1) Following the death of the insured and in a case not
covered by section 1950 of this title—
‘‘(A) if the first beneficiary otherwise entitled to payment
of the insurance does not make a claim for such payment
within two years after the death of the insured, payment may
be made to another beneficiary designated by the insured,
in the order of precedence as designated by the insured, as
if the first beneficiary had predeceased the insured; and
‘‘(B) if, within four years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any notice
in writing that any such claim will be made, payment may
(notwithstanding any other provision of law) be made to such
person as may in the judgment of the Secretary be equitably
entitled thereto.
‘‘(2) Payment of insurance under paragraph (1) shall be a bar
to recovery by any other person.’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect on October 1, 2004.
(d) TRANSITION PROVISION.—In the case of a person insured
under subchapter I or II of chapter 19 of title 38, United States
Code, who dies before the effective date of the amendments made
38 USC 1917
note.
38 USC 1917
note.
Deadline.
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117 STAT. 2656
PUBLIC LAW 108–183—DEC. 16, 2003
by subsections (a) and (b), as specified by subsection (c), the two-
year and four-year periods specified in subsection (f)(1) of section
1917 of title 38, United States Code, as added by subsection (a),
and subsection (c)(1) of section 1952 of such title, as added by
subsection (b), as applicable, shall for purposes of the applicable
subsection be treated as being the two-year and four-year periods,
respectively, beginning on the effective date of such amendments,
as so specified.
SEC. 104. PAYMENT OF BENEFITS ACCRUED AND UNPAID AT TIME
OF DEATH.
(a) REPEAL OF TWO-YEAR LIMITATION ON PAYMENT.—Section
5121(a) is amended by striking ‘‘for a period not to exceed two
years’’ in the matter preceding paragraph (1).
(b) PAYMENT RECIPIENTS FOR BENEFICIARIES UNDER CHAPTER
18.—Such section is further amended—
(1) by striking ‘‘and’’ at the end of paragraph (4);
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new para-
graph (5):
‘‘(5) Upon the death of a child claiming benefits under
chapter 18 of this title, to the surviving parents.’’.
(c) 
TECHNICAL
AMENDMENTS.—Such 
section 
is 
further
amended—
(1) in the matter preceding paragraph (1), by striking the
comma after ‘‘or decisions’’;
(2) by striking the semicolon at the end of paragraphs
(1), (2), (3), and (4), and at the end of subparagraphs (A)
and (B) of paragraph (2), and inserting a period.
(d) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall apply with respect to deaths occurring on or
after the date of the enactment of this Act.
TITLE II—BENEFITS FOR FORMER PRIS-
ONERS OF WAR AND FOR FILIPINO
VETERANS
Subtitle A—Former Prisoners of War
SEC. 201. PRESUMPTIONS OF SERVICE-CONNECTION RELATING TO DIS-
EASES AND DISABILITIES OF FORMER PRISONERS OF
WAR.
Subsection (b) of section 1112 is amended to read as follows:
‘‘(b)(1) For the purposes of section 1110 of this title and subject
to the provisions of section 1113 of this title, in the case of a
veteran who is a former prisoner of war—
‘‘(A) a disease specified in paragraph (2) which became
manifest to a degree of 10 percent or more after active military,
naval, or air service shall be considered to have been incurred
in or aggravated by such service, notwithstanding that there
is no record of such disease during the period of service; and
‘‘(B) if the veteran was detained or interned as a prisoner
of war for not less than thirty days, a disease specified in
paragraph (3) which became manifest to a degree of 10 percent
or more after active military, naval, or air service shall be
Applicability.
38 USC 5121
note.
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117 STAT. 2657
PUBLIC LAW 108–183—DEC. 16, 2003
considered to have been incurred in or aggravated by such
service, notwithstanding that there is no record of such disease
during the period of service.
‘‘(2) The diseases specified in this paragraph are the following:
‘‘(A) Psychosis.
‘‘(B) Any of the anxiety states.
‘‘(C) Dysthymic disorder (or depressive neurosis).
‘‘(D) Organic residuals of frostbite, if the Secretary deter-
mines that the veteran was detained or interned in climatic
conditions consistent with the occurrence of frostbite.
‘‘(E) Post-traumatic osteoarthritis.
‘‘(3) The diseases specified in this paragraph are the following:
‘‘(A) Avitaminosis.
‘‘(B) Beriberi (including beriberi heart disease).
‘‘(C) Chronic dysentery.
‘‘(D) Helminthiasis.
‘‘(E) Malnutrition (including optic atrophy associated with
malnutrition).
‘‘(F) Pellagra.
‘‘(G) Any other nutritional deficiency.
‘‘(H) Cirrhosis of the liver.
‘‘(I) Peripheral neuropathy except where directly related
to infectious causes.
‘‘(J) Irritable bowel syndrome.
‘‘(K) Peptic ulcer disease.’’.
Subtitle B—Filipino Veterans
SEC. 211. RATE OF PAYMENT OF BENEFITS FOR CERTAIN FILIPINO
VETERANS AND THEIR SURVIVORS RESIDING IN THE
UNITED STATES.
(a) RATE OF PAYMENT.—Section 107 is amended—
(1) in the second sentence of subsection (b), by striking
‘‘Payments’’ and inserting ‘‘Except as provided in subsection
(c), payments’’; and
(2) in subsection (c)—
(A) by inserting ‘‘and subchapter II of chapter 13
(except section 1312(a)) of this title’’ after ‘‘chapter 11 of
this title’’;
(B) by striking ‘‘in subsection (a)’’ and inserting ‘‘in
subsection (a) or (b)’’; and
(C) by striking ‘‘of subsection (a)’’ and inserting ‘‘of
the applicable subsection’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply to benefits paid for months beginning after the
date of the enactment of this Act.
SEC. 212. BURIAL BENEFITS FOR NEW PHILIPPINE SCOUTS RESIDING
IN THE UNITED STATES.
(a) BENEFIT ELIGIBILITY.—Section 107, as amended by section
211 of this Act, is amended—
(1) in subsection (b)(2)—
(A) by striking ‘‘and’’ and inserting a comma; and
(B) by inserting ‘‘, 23, and 24 (to the extent provided
for in section 2402(8))’’ after ‘‘(except section 1312(a))’’;
Applicability.
38 USC 107 note.
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117 STAT. 2658
PUBLIC LAW 108–183—DEC. 16, 2003
(2) in the second sentence of subsection (b), as so amended,
by inserting ‘‘or (d)’’ after ‘‘subsection (c)’’;
(3) in subsection (d)(1), by inserting ‘‘or (b), as otherwise
applicable,’’ after ‘‘subsection (a)’’; and
(4) in subsection (d)(2), by inserting ‘‘or whose service is
described in subsection (b) and who dies after the date of
the enactment of the Veterans Benefits Act of 2003,’’ after
‘‘November 1, 2000,’’.
(b) NATIONAL
CEMETERY
INTERMENT.—Section 2402(8) is
amended by striking ‘‘section 107(a)’’ and inserting ‘‘subsection (a)
or (b) of section 107’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to deaths occurring on or after the date
of the enactment of this Act.
SEC. 213. EXTENSION OF AUTHORITY TO MAINTAIN REGIONAL OFFICE
IN THE REPUBLIC OF THE PHILIPPINES.
Section 315(b) is amended by striking ‘‘December 31, 2003’’
and inserting ‘‘December 31, 2009’’.
TITLE III—EDUCATION BENEFITS, EM-
PLOYMENT 
PROVISIONS, 
AND 
RE-
LATED MATTERS
SEC. 301. EXPANSION OF MONTGOMERY GI BILL EDUCATION BENEFITS
FOR CERTAIN SELF-EMPLOYMENT TRAINING.
(a) DEFINITION OF TRAINING ESTABLISHMENT.—Section 3452(e)
is amended by striking ‘‘means any’’ and all that follows and
inserting ‘‘means any of the following:
‘‘(1) An establishment providing apprentice or other on-
job training, including those under the supervision of a college
or university or any State department of education.
‘‘(2) An establishment providing self-employment on-job
training consisting of full-time training for a period of less
than six months that is needed or accepted for purposes of
obtaining licensure to engage in a self-employment occupation
or required for ownership and operation of a franchise that
is the objective of the training.
‘‘(3) A State board of vocational education.
‘‘(4) A Federal or State apprenticeship registration agency.
‘‘(5) A joint apprenticeship committee established pursuant
to the Act of August 16, 1937, popularly known as the ‘National
Apprenticeship Act’ (29 U.S.C. 50 et seq.).
‘‘(6) An agency of the Federal Government authorized to
supervise such training.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date that is six months after the date
of the enactment of this Act and shall apply to self-employment
on-job training approved and pursued on or after that date.
SEC. 302. INCREASE IN RATES OF SURVIVORS’ AND DEPENDENTS’ EDU-
CATIONAL ASSISTANCE.
(a) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE.—
Section 3532 is amended—
(1) in subsection (a)—
Applicability.
38 USC 3452
note.
Applicability.
38 USC 107 note.
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117 STAT. 2659
PUBLIC LAW 108–183—DEC. 16, 2003
(A) in paragraph (1), by striking ‘‘at the monthly rate
of’’ and all that follows and inserting ‘‘at the monthly
rate of $788 for full-time, $592 for three-quarter-time, or
$394 for half-time pursuit.’’; and
(B) in paragraph (2), by striking ‘‘at the rate of’’ and
all that follows and inserting ‘‘at the rate of the lesser
of—
‘‘(A) the established charges for tuition and fees that the
educational 
institution 
involved 
requires 
similarly
circumstanced nonveterans enrolled in the same program to
pay; or
‘‘(B) $788 per month for a full-time course.’’;
(2) in subsection (b), by striking ‘‘$670’’ and inserting
‘‘$788’’; and
(3) in subsection (c)(2), by striking ‘‘shall be’’ and all that
follows and inserting ‘‘shall be $636 for full-time, $477 for
three-quarter-time, or $319 for half-time pursuit.’’.
(b) CORRESPONDENCE COURSES.—Section 3534(b) is amended
by striking ‘‘$670’’ and inserting ‘‘$788’’.
(c) 
SPECIAL
RESTORATIVE
TRAINING.—Section 
3542(a) 
is
amended—
(1) by striking ‘‘$670’’ and inserting ‘‘$788’’; and
(2) by striking ‘‘$210’’ each place it appears and inserting
‘‘$247’’.
(d) APPRENTICESHIP TRAINING.—Section 3687(b)(2) is amended
by striking ‘‘shall be $488 for the first six months’’ and all that
follows and inserting ‘‘shall be $574 for the first six months, $429
for the second six months, $285 for the third six months, and
$144 for the fourth and any succeeding six-month period of
training.’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect on July 1, 2004, and shall apply with respect
to educational assistance allowances payable under chapter 35 and
section 3687(b)(2) of title 38, United States Code, for months begin-
ning on or after that date.
SEC. 303. RESTORATION OF SURVIVORS’ AND DEPENDENTS’ EDU-
CATION BENEFITS OF INDIVIDUALS BEING ORDERED TO
FULL-TIME NATIONAL GUARD DUTY.
(a) DELIMITING DATE.—Section 3512(h) is amended by inserting
‘‘or is involuntarily ordered to full-time National Guard duty under
section 502(f) of title 32,’’ after ‘‘title 10,’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as of September 11, 2001.
SEC. 304. ROUNDING DOWN OF CERTAIN COST-OF-LIVING ADJUST-
MENTS ON EDUCATIONAL ASSISTANCE.
(a) BASIC EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI
BILL.—Section 3015(h) is amended—
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively;
(2) by inserting ‘‘(1)’’ after ‘‘(h)’’;
(3) by striking ‘‘(rounded to the nearest dollar)’’;
(4) in subparagraph (B), as so redesignated, by striking
‘‘paragraph (1)’’ and inserting ‘‘subparagraph (A)’’; and
(5) by adding at the end the following new paragraph:
‘‘(2) Any increase under paragraph (1) in a rate with respect
to a fiscal year after fiscal year 2004 and before fiscal year 2014
38 USC 3512
note.
Applicability.
38 USC 3532
note.
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shall be rounded down to the next lower whole dollar amount.
Any such increase with respect to a fiscal year after fiscal year
2013 shall be rounded to the nearest whole dollar amount.’’.
(b) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE.—
Section 3564 is amended—
(1) by inserting ‘‘(a)’’ before ‘‘With’’;
(2) by striking ‘‘(rounded to the nearest dollar)’’; and
(3) by adding at the end the following new subsection:
‘‘(b) Any increase under subsection (a) in a rate with respect
to a fiscal year after fiscal year 2004 and before fiscal year 2014
shall be rounded down to the next lower whole dollar amount.
Any such increase with respect to a fiscal year after fiscal year
2013 shall be rounded to the nearest whole dollar amount.’’.
SEC. 305. AUTHORIZATION FOR STATE APPROVING AGENCIES TO
APPROVE CERTAIN ENTREPRENEURSHIP COURSES.
(a) APPROVAL OF ENTREPRENEURSHIP COURSES.—Section 3675
is amended by adding at the end the following new subsection:
‘‘(c)(1) A State approving agency may approve the entrepreneur-
ship courses offered by a qualified provider of entrepreneurship
courses.
‘‘(2) For purposes of this subsection, the term ‘entrepreneurship
course’ means a non-degree, non-credit course of business education
that enables or assists a person to start or enhance a small business
concern (as defined pursuant to section 3(a) of the Small Business
Act (15 U.S.C. 632(a))).
‘‘(3) Subsection (a) and paragraphs (1) and (2) of subsection
(b) shall not apply to—
‘‘(A) an entrepreneurship course offered by a qualified pro-
vider of entrepreneurship courses; and
‘‘(B) a qualified provider of entrepreneurship courses by
reason of such provider offering one or more entrepreneurship
courses.’’.
(b) BUSINESS OWNERS NOT TREATED AS ALREADY QUALIFIED.—
Section 3471 is amended by inserting before the last sentence
the following: ‘‘The Secretary shall not treat a person as already
qualified for the objective of a program of education offered by
a qualified provider of entrepreneurship courses solely because such
person is the owner or operator of a business.’’.
(c) INCLUSION OF ENTREPRENEURSHIP COURSES IN DEFINITION
OF PROGRAM
OF EDUCATION.—Subsection (b) of section 3452 is
amended by adding at the end the following: ‘‘Such term also
includes any course, or combination of courses, offered by a qualified
provider of entrepreneurship courses.’’.
(d) INCLUSION OF QUALIFIED PROVIDER OF ENTREPRENEURSHIP
COURSES IN DEFINITION OF EDUCATIONAL INSTITUTION.—Subsection
(c) of section 3452 is amended by adding at the end the following:
‘‘Such term also includes any qualified provider of entrepreneurship
courses.’’.
(e) DEFINITION OF QUALIFIED PROVIDER OF ENTREPRENEURSHIP
COURSES.—Section 3452 is further amended by adding at the end
the following new subsection:
‘‘(h) The term ‘qualified provider of entrepreneurship courses’
means any of the following entities insofar as such entity offers,
sponsors, or cosponsors an entrepreneurship course (as defined in
section 3675(c)(2) of this title):
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‘‘(1) Any small business development center described in
section 21 of the Small Business Act (15 U.S.C. 648).
‘‘(2) The National Veterans Business Development Corpora-
tion (established under section 33 of the Small Business Act
(15 U.S.C. 657c)).’’.
(f) EFFECTIVE DATE.—The amendments made by this section
shall apply to courses approved by State approving agencies after
the date of the enactment of this Act.
SEC. 306. REPEAL OF PROVISIONS RELATING TO OBSOLETE EDU-
CATION LOAN PROGRAM.
(a) TERMINATION
OF PROGRAM.—The Secretary of Veterans
Affairs may not make a loan under subchapter III of chapter 36
of title 38, United States Code, after the date of the enactment
of this Act.
(b) DISCHARGE OF LIABILITIES.—Effective as of the date of the
transfer of funds under subsection (c)—
(1) any liability on an education loan under subchapter
III of chapter 36 of title 38, United States Code, that is out-
standing as of such date shall be deemed discharged; and
(2) the right of the United States to recover an overpayment
declared under section 3698(e)(1) of such title that is out-
standing as of such date shall be deemed waived.
(c) TERMINATION OF LOAN FUND.—(1) Effective as of the day
before the date of the repeal under this section of subchapter
III of chapter 36 of title 38, United States Code, all monies in
the revolving fund of the Treasury known as the ‘‘Department
of Veterans Affairs Education Loan Fund’’ shall be transferred
to the Department of Veterans Affairs Readjustment Benefits
Account, and the revolving fund shall be closed.
(2) Any monies transferred to the Department of Veterans
Affairs Readjustment Benefits Account under paragraph (1) shall
be merged with amounts in that account and shall be available
for the same purposes, and subject to the same conditions and
limitations, as amounts in that account.
(d) USE OF ENTITLEMENT TO VETERANS EDUCATIONAL ASSIST-
ANCE FOR EDUCATION LOAN PROGRAM.—Section 3462(a) is amended
by striking paragraph (2).
(e) REPEAL
OF EDUCATION LOAN PROGRAM.—Subchapter III
of chapter 36 is repealed.
(f) CONFORMING
AMENDMENTS.—(1) Section 3485(e)(1) is
amended by striking ‘‘(other than an education loan under sub-
chapter III)’’.
(2) Section 3512 is amended by striking subsection (f).
(g) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 36 is amended by striking the items relating to
subchapter III and sections 3698 and 3699.
(h) EFFECTIVE DATES.—(1) The amendments made by sub-
section (d) shall take effect on the date of the enactment of this
Act.
(2) The amendments made by subsections (e), (f), and (g) shall
take effect 90 days after the date of the enactment of this Act.
SEC. 307. SIX-YEAR EXTENSION OF THE VETERANS’ ADVISORY COM-
MITTEE ON EDUCATION.
(a) MEMBERSHIP.—Subsection (a) of section 3692 is amended
in the second sentence by inserting ‘‘, to the maximum extent
practicable,’’ after ‘‘The committee shall also’’.
38 USC 3485
note.
38 USC 3462
note.
38 USC 3698,
3699.
Effective date.
38 USC 3698
note.
38 USC 3698
note.
Applicability.
38 USC 3452
note.
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PUBLIC LAW 108–183—DEC. 16, 2003
(b) EXTENSION.—Subsection (c) of that section is amended by
striking ‘‘December 31, 2003’’ and inserting ‘‘December 31, 2009’’.
(c) 
TECHNICAL
AMENDMENTS.—That 
section 
is 
further
amended—
(1) in subsections (a) and (b), by striking ‘‘chapter 106’’
each place it appears and inserting ‘‘chapter 1606’’; and
(2) in subsection (b), by striking ‘‘chapter 30’’ and inserting
‘‘chapters 30’’.
SEC. 308. PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS
OWNED AND CONTROLLED BY SERVICE-DISABLED VET-
ERANS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended
by redesignating section 36 as section 37 and by inserting after
section 35 the following new section:
‘‘SEC. 36. PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS
OWNED AND CONTROLLED BY SERVICE-DISABLED VET-
ERANS.
‘‘(a) SOLE SOURCE CONTRACTS.—In accordance with this section,
a contracting officer may award a sole source contract to any
small business concern owned and controlled by service-disabled
veterans if—
‘‘(1) such concern is determined to be a responsible con-
tractor with respect to performance of such contract opportunity
and the contracting officer does not have a reasonable expecta-
tion that 2 or more small business concerns owned and con-
trolled by service-disabled veterans will submit offers for the
contracting opportunity;
‘‘(2) the anticipated award price of the contract (including
options) will not exceed—
‘‘(A) $5,000,000, in the case of a contract opportunity
assigned a standard industrial classification code for manu-
facturing; or
‘‘(B) $3,000,000, in the case of any other contract oppor-
tunity; and
‘‘(3) in the estimation of the contracting officer, the contract
award can be made at a fair and reasonable price.
‘‘(b) RESTRICTED COMPETITION.—In accordance with this section,
a contracting officer may award contracts on the basis of competition
restricted to small business concerns owned and controlled by
service-disabled veterans if the contracting officer has a reasonable
expectation that not less than 2 small business concerns owned
and controlled by service-disabled veterans will submit offers and
that the award can be made at a fair market price.
‘‘(c) RELATIONSHIP TO OTHER CONTRACTING PREFERENCES.—A
procurement may not be made from a source on the basis of a
preference provided under subsection (a) or (b) if the procurement
would otherwise be made from a different source under section
4124 or 4125 of title 18, United States Code, or the Javits-Wagner-
O’Day Act (41 U.S.C. 46 et seq.).
‘‘(d) ENFORCEMENT; PENALTIES.—Rules similar to the rules of
paragraphs (5) and (6) of section 8(m) shall apply for purposes
of this section.
‘‘(e) CONTRACTING OFFICER.—For purposes of this section, the
term ‘contracting officer’ has the meaning given such term in section
27(f)(5) of the Office of Federal Procurement Policy Act (41 U.S.C.
423(f)(5)).’’.
Applicability.
15 USC 657f.
15 USC 631 note.
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PUBLIC LAW 108–183—DEC. 16, 2003
SEC. 309. OUTSTATIONING OF TRANSITION ASSISTANCE PROGRAM
PERSONNEL.
(a) IN GENERAL.—(1) Chapter 41 is amended by adding at
the end the following new section:
‘‘§ 4113. Outstationing of Transition Assistance Program per-
sonnel
‘‘(a) STATIONING OF TAP PERSONNEL AT OVERSEAS MILITARY
INSTALLATIONS.—(1) The Secretary—
‘‘(A) shall station employees of the Veterans’ Employment
and Training Service, or contractors under subsection (c), at
each veterans assistance office described in paragraph (2); and
‘‘(B) may station such employees or contractors at such
other military installations outside the United States as the
Secretary, after consultation with the Secretary of Defense,
determines to be appropriate or desirable to carry out the
purposes of this chapter.
‘‘(2) Veterans assistance offices referred to in paragraph (1)(A)
are those offices that are established by the Secretary of Veterans
Affairs on military installations pursuant to the second sentence
of section 7723(a) of this title.
‘‘(b) FUNCTIONS.—Employees (or contractors) stationed at mili-
tary installations pursuant to subsection (a) shall provide, in person,
counseling, assistance in identifying employment and training
opportunities, help in obtaining such employment and training,
and other related information and services to members of the Armed
Forces who are being separated from active duty, and the spouses
of such members, under the Transition Assistance Program and
Disabled Transition Assistance Program established in section 1144
of title 10.
‘‘(c) AUTHORITY TO CONTRACT WITH PRIVATE ENTITIES.—The
Secretary, consistent with section 1144 of title 10, may enter into
contracts with public or private entities to provide, in person, some
or all of the counseling, assistance, information and services under
the Transition Assistance Program required under subsection (a).’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘4113. Outstationing of Transition Assistance Program personnel.’’.
(b) DEADLINE FOR IMPLEMENTATION.—Not later than 90 days
after the date of the enactment of this Act, the Secretary of Labor
shall implement section 4113 of title 38, United States Code, as
added by subsection (a), and shall have employees of the Veterans’
Employment and Training Service, or contractors, to carry out
that section at the military installations involved by such date.
(c) ADDITIONAL AMENDMENT.—(1) The second sentence of sec-
tion 7723(a) is amended by inserting ‘‘and taking into account
recommendations, if any, of the Secretary of Labor’’ after ‘‘Secretary
of Defense’’.
(2) The amendment made by paragraph (1) shall apply with
respect to offices established after the date of the enactment of
this Act.
Applicability.
38 USC 7723
note.
38 USC 4113
note.
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117 STAT. 2664
PUBLIC LAW 108–183—DEC. 16, 2003
TITLE IV—HOUSING BENEFITS AND
RELATED MATTERS
SEC. 401. AUTHORIZATION TO PROVIDE ADAPTED HOUSING ASSIST-
ANCE TO CERTAIN DISABLED MEMBERS OF THE ARMED
FORCES WHO REMAIN ON ACTIVE DUTY.
Section 2101 is amended by adding at the end the following
new subsection:
‘‘(c)(1) The Secretary may provide assistance under subsection
(a) to a member of the Armed Forces serving on active duty who
is suffering from a disability described in paragraph (1), (2), or
(3) of that subsection if such disability is the result of an injury
incurred or disease contracted in or aggravated in line of duty
in the active military, naval, or air service. Such assistance shall
be provided to the same extent as assistance is provided under
that subsection to veterans eligible for assistance under that sub-
section and subject to the requirements of the second sentence
of that subsection.
‘‘(2) The Secretary may provide assistance under subsection
(b) to a member of the Armed Forces serving on active duty who
is suffering from a disability described in subparagraph (A) or
(B) of paragraph (1) of that subsection if such disability is the
result of an injury incurred or disease contracted in or aggravated
in line of duty in the active military, naval, or air service. Such
assistance shall be provided to the same extent as assistance is
provided under that subsection to veterans eligible for assistance
under that subsection and subject to the requirements of paragraph
(2) of that subsection.’’.
SEC. 402. INCREASE IN AMOUNTS FOR CERTAIN ADAPTIVE BENEFITS
FOR DISABLED VETERANS.
(a) INCREASE IN ASSISTANCE AMOUNT FOR SPECIALLY ADAPTED
HOUSING.—Section 2102 is amended—
(1) in the matter preceding paragraph (1) of subsection
(a), by striking ‘‘$48,000’’ and inserting ‘‘$50,000’’; and
(2) in subsection (b)(2), by striking ‘‘$9,250’’ and inserting
‘‘$10,000’’.
(b) INCREASE IN AMOUNT OF ASSISTANCE FOR AUTOMOBILE AND
ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED VETERANS.—Section
3902(a) is amended by striking ‘‘$9,000’’ and inserting ‘‘$11,000’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall apply with respect to assistance furnished on
or after the date of the enactment of this Act.
SEC. 403. PERMANENT AUTHORITY FOR HOUSING LOANS FOR MEM-
BERS OF THE SELECTED RESERVE.
Section 3702(a)(2)(E) is amended by striking ‘‘For the period’’
and all that follows through ‘‘each’’ and inserting ‘‘Each’’.
SEC. 404. REINSTATEMENT OF MINIMUM REQUIREMENTS FOR SALE
OF VENDEE LOANS.
(a) REINSTATEMENT.—Subsection (a) of section 3733 is amended
by adding at the end the following new paragraph:
‘‘(7) During the period that begins on the date of the enactment
of the Veterans’ Benefits Act of 2003 and ends on September 30,
Applicability.
38 USC 2102
note.
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2013, the Secretary shall carry out the provisions of this subsection
as if—
‘‘(A) the references in the first sentence of paragraph (1)
to ‘65 percent’ and ‘may be financed’ were references to ‘85
percent’ and ‘shall be financed’, respectively;
‘‘(B) the second sentence of paragraph (1) were repealed;
and
‘‘(C) the reference in paragraph (2) to ‘September 30, 1990,’
were a reference to ‘September 30, 2013,’.’’.
(b) 
STYLISTIC
AMENDMENTS.—Such 
section 
is 
further
amended—
(1) by striking ‘‘of this subsection’’ after—
(A) ‘‘paragraph (1)’’ in subsections (a)(4)(A), (a)(5),
(a)(6), and (c)(2); and
(B) ‘‘paragraph (5)’’ in subsection (a)(4)(B)(i); and
(2) by striking ‘‘of this paragraph’’ each place it appears
in subsection (a)(4).
SEC. 405. ADJUSTMENT TO HOME LOAN FEES.
Effective January 1, 2004, paragraph (2) of section 3729(b)
is amended to read as follows:
‘‘(2) The loan fee table referred to in paragraph (1) 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 pur-
chase 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 Janu-
ary 1, 2004) .................................................................
2.00
2.75
NA
(A)(ii) Initial loan described in section 3710(a) to pur-
chase 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
(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 be-
fore October 1, 2011) ..................................................
3.30
3.30
NA
Effective date.
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PUBLIC LAW 108–183—DEC. 16, 2003
‘‘LOAN FEE TABLE—Continued
Type of loan
Active duty
veteran
Reservist
Other obligor
(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 be-
fore 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 pur-
chase 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 pur-
chase 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 refi-
nancing 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’’.
SEC. 406. ONE-YEAR EXTENSION OF PROCEDURES ON LIQUIDATION
SALES OF DEFAULTED HOME LOANS GUARANTEED BY
THE DEPARTMENT OF VETERANS AFFAIRS.
Section 3732(c)(11) is amended by striking ‘‘October 1, 2011’’
and inserting ‘‘October 1, 2012’’.
TITLE V—BURIAL BENEFITS
SEC. 501. BURIAL PLOT ALLOWANCE.
(a) IN GENERAL.—Section 2303(b) is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘a
burial allowance under such section 2302, or under such sub-
section, who was discharged from the active military, naval,
or air service for a disability incurred or aggravated in line
of duty, or who is a veteran of any war’’ and inserting ‘‘burial
in a national cemetery under section 2402 of this title’’; and
(2) in paragraph (2), by striking ‘‘(other than a veteran
whose eligibility for benefits under this subsection is based
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on being a veteran of any war)’’ and inserting ‘‘is eligible
for a burial allowance under section 2302 of this title or under
subsection (a) of this section, or was discharged from the active
military, naval, or air service for a disability incurred or aggra-
vated in line of duty, and such veteran’’.
(b) CONFORMING AMENDMENT.—Section 2307 is amended in
the last sentence by striking ‘‘and (b)’’ and inserting ‘‘and (b)(2)’’.
SEC. 502. ELIGIBILITY OF SURVIVING SPOUSES WHO REMARRY FOR
BURIAL IN NATIONAL CEMETERIES.
(a) ELIGIBILITY.—Section 2402(5) is amended by striking
‘‘(which for purposes of this chapter includes an unremarried sur-
viving spouse who had a subsequent remarriage which was termi-
nated by death or divorce)’’ and inserting ‘‘(which for purposes
of this chapter includes a surviving spouse who had a subsequent
remarriage)’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to deaths occurring on or after January
1, 2000.
SEC. 503. PERMANENT AUTHORITY FOR STATE CEMETERY GRANTS
PROGRAM.
(a) PERMANENT AUTHORITY.—Subsection (a) of section 2408 is
amended—
(1) by striking ‘‘(1)’’; and
(2) by striking paragraph (2).
(b) CONFORMING AMENDMENT.—Subsection (e) of such section
is amended by striking ‘‘Sums appropriated under subsection (a)
of this section’’ and inserting ‘‘Amounts appropriated to carry out
this section’’.
(c) TECHNICAL AMENDMENT TO REPEAL OBSOLETE PROVISION.—
Subsection (d)(1) of such section is amended by striking ‘‘on or
after November 21, 1997,’’.
TITLE VI—EXPOSURE TO HAZARDOUS
SUBSTANCES
SEC. 601. RADIATION DOSE RECONSTRUCTION PROGRAM OF DEPART-
MENT OF DEFENSE.
(a) REVIEW OF MISSION, PROCEDURES, AND ADMINISTRATION.—
(1) The Secretary of Veterans Affairs and the Secretary of Defense
shall jointly conduct a review of the mission, procedures, and
administration of the Radiation Dose Reconstruction Program of
the Department of Defense.
(2) In conducting the review under paragraph (1), the Secre-
taries shall—
(A) determine whether any additional actions are required
to ensure that the quality assurance and quality control mecha-
nisms of the Radiation Dose Reconstruction Program are ade-
quate and sufficient for purposes of the program; and
(B) determine the actions that are required to ensure that
the mechanisms of the Radiation Dose Reconstruction Program
for communication and interaction with veterans are adequate
and sufficient for purposes of the program, including mecha-
nisms to permit veterans to review the assumptions utilized
in their dose reconstructions.
38 USC 1154
note.
Applicability.
38 USC 2402
note.
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(3) Not later than 90 days after the date of the enactment
of this Act, the Secretaries shall jointly submit to Congress a
report on the review under paragraph (1). The report shall set
forth—
(A) the results of the review;
(B) a plan for any actions determined to be required under
paragraph (2); and
(C) such other recommendations for the improvement of
the mission, procedures, and administration of the Radiation
Dose Reconstruction Program as the Secretaries jointly consider
appropriate.
(b) ON-GOING REVIEW AND OVERSIGHT.—The Secretaries shall
jointly take appropriate actions to ensure the on-going independent
review and oversight of the Radiation Dose Reconstruction Program,
including the establishment of the advisory board required by sub-
section (c).
(c) ADVISORY BOARD.—(1) In taking actions under subsection
(b), the Secretaries shall jointly appoint an advisory board to provide
review and oversight of the Radiation Dose Reconstruction Program.
(2) The advisory board under paragraph (1) shall be composed
of the following:
(A) At least one expert in historical dose reconstruction
of the type conducted under the Radiation Dose Reconstruction
Program.
(B) At least one expert in radiation health matters.
(C) At least one expert in risk communications matters.
(D) A representative of the Department of Veterans Affairs.
(E) A representative of the Defense Threat Reduction
Agency.
(F) At least three veterans, including at least one veteran
who is a member of an atomic veterans group.
(3) The advisory board under paragraph (1) shall—
(A) conduct periodic, random audits of dose reconstructions
under the Radiation Dose Reconstruction Program and of
decisions by the Department of Veterans Affairs on claims
for service connection of radiogenic diseases;
(B) assist the Department of Veterans Affairs and the
Defense Threat Reduction Agency in communicating to veterans
information on the mission, procedures, and evidentiary
requirements of the Radiation Dose Reconstruction Program;
and
(C) carry out such other activities with respect to the
review and oversight of the Radiation Dose Reconstruction Pro-
gram as the Secretaries shall jointly specify.
(4) The advisory board under paragraph (1) may make such
recommendations on modifications in the mission or procedures
of the Radiation Dose Reconstruction Program as the advisory
board considers appropriate as a result of the audits conducted
under paragraph (3)(A).
SEC. 602. STUDY ON DISPOSITION OF AIR FORCE HEALTH STUDY.
(a) STUDY REQUIRED.—The Secretary of Veterans Affairs shall,
in accordance with this section, carry out a study to determine
the appropriate disposition of the Air Force Health Study, an epi-
demiologic study of Air Force personnel who were responsible for
conducting aerial spray missions of herbicides during the Vietnam
era.
Establishment.
Deadline.
Reports.
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(b) STUDY THROUGH NATIONAL ACADEMY OF SCIENCES.—Not
later than 60 days after the date of the enactment of this Act,
the Secretary shall seek to enter into an agreement with the
National Academy of Sciences, or another appropriate scientific
organization, to carry out the study required by subsection (a).
(c) ELEMENTS.—Under the study under subsection (a), the
National Academy of Sciences, or other appropriate scientific
organization, shall address the following:
(1) The scientific merit of retaining and maintaining the
medical records, other study data, and laboratory specimens
collected in the course of the Air Force Health Study after
the currently-scheduled termination date of the study in 2006.
(2) Whether or not any obstacles exist to retaining and
maintaining the medical records, other study data, and labora-
tory specimens referred to in paragraph (1), including privacy
concerns.
(3) The advisability of providing independent oversight of
the medical records, other study data, and laboratory specimens
referred to in paragraph (1), and of any further study of such
records, data, and specimens, and, if so, the mechanism for
providing such oversight.
(4) The advisability of extending the Air Force Health
Study, including the potential value and relevance of extending
the study, the potential cost of extending the study, and the
Federal or non-Federal entity best suited to continue the study
if extended.
(5) The advisability of making the laboratory specimens
of the Air Force Health Study available for independent
research, including the potential value and relevance of such
research, and the potential cost of such research.
(d) REPORT.—Not later than 120 days after entering into an
agreement under subsection (b), the National Academy of Sciences,
or other appropriate scientific organization, shall submit to the
Secretary and Congress a report on the results of the study under
subsection (a). The report shall include the results of the study,
including the matters addressed under subsection (c), and such
other recommendations as the Academy, or other appropriate sci-
entific organization, considers appropriate as a result of the 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.
(a) FUNDING.—(1) The Secretary of Veterans Affairs and the
Secretary of Defense shall each make available to the National
Academy of Sciences in each of fiscal years 2004 through 2013
the amount of $250,000 for the Medical Follow-Up Agency of the
Institute of Medicine of the Academy for purposes of epidemiological
research on members of the Armed Forces and veterans.
(2) The Secretary of Veterans Affairs shall make available
amounts under paragraph (1) for a fiscal year from amounts avail-
able for the Department of Veterans Affairs for that fiscal year.
(3) The Secretary of Defense shall make available amounts
under paragraph (1) for a fiscal year from amounts available for
the Department of Defense for that fiscal year.
Deadline.
Deadline.
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(b) USE OF FUNDS.—The Medical Follow-Up Agency shall use
funds made available under subsection (a) for epidemiological
research on members of the Armed Forces and veterans.
(c) SUPPLEMENT NOT SUPPLANT.—Amounts made available to
the Medical Follow-Up Agency under this section for a fiscal year
for the purposes referred to in subsection (b) are in addition to
any other amount made available to the Agency for that fiscal
year for those purposes.
TITLE VII—OTHER MATTERS
SEC. 701. TIME LIMITATIONS ON RECEIPT OF CLAIM INFORMATION
PURSUANT TO REQUESTS OF DEPARTMENT OF VET-
ERANS AFFAIRS.
(a) INFORMATION TO COMPLETE CLAIMS APPLICATIONS.—Section
5102 is amended by adding at the end the following new subsection:
‘‘(c) TIME LIMITATION.—(1) If information that a claimant and
the claimant’s representative, if any, are notified under subsection
(b) is necessary to complete an application is not received by the
Secretary within one year from the date such notice is sent, no
benefit may be paid or furnished by reason of the claimant’s applica-
tion.
‘‘(2) This subsection shall not apply to any application or claim
for Government life insurance benefits.’’.
(b) CONSTRUCTION
OF
LIMITATION
ON
INFORMATION
TO
SUBSTANTIATE CLAIMS.—Section 5103(b) is amended—
(1) in paragraph (1), by striking ‘‘if such’’ and all that
follows through ‘‘application’’ and inserting ‘‘such information
or evidence must be received by the Secretary within one year
from the date such notice is sent’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) Nothing in paragraph (1) shall be construed to prohibit
the Secretary from making a decision on a claim before the expira-
tion of the period referred to in that subsection.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if enacted on November 9, 2000, immediately
after the enactment of the Veterans Claims Assistance Act of 2000
(Public Law 106–475; 114 Stat. 2096).
(d) PROCEDURES FOR READJUDICATION OF CERTAIN CLAIMS.—
(1) The Secretary of Veterans Affairs shall readjudicate a claim
of a qualified claimant if the request for such readjudication is
received not later than the end of the one-year period that begins
on the date of the enactment of this Act.
(2) For purposes of this subsection, a claimant is qualified
within the meaning of paragraph (1) if the claimant—
(A) received notice under section 5103(a) of title 38, United
States Code, requesting information or evidence to substantiate
a claim;
(B) did not submit such information or evidence within
a year after the date such notice was sent;
(C) did not file a timely appeal to the Board of Veterans’
Appeals or the United States Court of Appeals for Veterans
Claims; and
(D) submits such information or evidence during the one-
year period referred to in paragraph (1).
38 USC 5103
note.
38 USC 5102
note.
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117 STAT. 2671
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(3) If the decision of the Secretary on a readjudication under
this subsection is in favor of the qualified claimant, the award
of the grant shall take effect as if the prior decision by the Secretary
on the claim had not been made.
(4) Nothing in this subsection shall be construed to establish
a duty on the part of the Secretary to identify or readjudicate
any claim that—
(A) is not submitted during the one-year period referred
to in paragraph (1); or
(B) has been the subject of a timely appeal to the Board
of Veterans’ Appeals or the United States Court of Appeals
for Veterans Claims.
(e) CONSTRUCTION ON PROVIDING RENOTIFICATION.—Nothing in
this section, or the amendments made by this section, shall be
construed to require the Secretary of Veterans Affairs—
(1) to provide notice under section 5103(a) of such title
with respect to a claim insofar as the Secretary has previously
provided such notice; or
(2) to provide for a special notice with respect to this
section and the amendments made by this section.
SEC. 702. CLARIFICATION OF APPLICABILITY OF PROHIBITION ON
ASSIGNMENT OF VETERANS BENEFITS TO AGREEMENTS
REQUIRING PAYMENT OF FUTURE RECEIPT OF BENE-
FITS.
Section 5301(a) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’;
(2) by designating the last sentence as paragraph (2); and
(3) by adding at the end the following new paragraph:
‘‘(3)(A) This paragraph is intended to clarify that, in any case
where a beneficiary entitled to compensation, pension, or depend-
ency and indemnity compensation enters into an agreement with
another person under which agreement such other person acquires
for consideration the right to receive such benefit by payment
of such compensation, pension, or dependency and indemnity com-
pensation, as the case may be, except as provided in subparagraph
(B), and including deposit into a joint account from which such
other person may make withdrawals, or otherwise, such agreement
shall be deemed to be an assignment and is prohibited.
‘‘(B) Notwithstanding subparagraph (A), nothing in this para-
graph is intended to prohibit a loan involving a beneficiary under
the terms of which the beneficiary may use the benefit to repay
such other person as long as each of the periodic payments made
to repay such other person is separately and voluntarily executed
by the beneficiary or is made by preauthorized electronic funds
transfer pursuant to the Electronic Funds Transfers Act (15 U.S.C.
1693 et seq.).
‘‘(C) Any agreement or arrangement for collateral for security
for an agreement that is prohibited under subparagraph (A) is
also prohibited and is void from its inception.’’.
SEC. 703. SIX-YEAR EXTENSION OF ADVISORY COMMITTEE ON
MINORITY VETERANS.
Section 544(e) is amended by striking ‘‘December 31, 2003’’
and inserting ‘‘December 31, 2009’’.
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117 STAT. 2672
PUBLIC LAW 108–183—DEC. 16, 2003
SEC. 704. TEMPORARY AUTHORITY FOR PERFORMANCE OF MEDICAL
DISABILITIES 
EXAMINATIONS 
BY 
CONTRACT 
PHYSI-
CIANS.
(a) AUTHORITY.—Using appropriated funds, other than funds
available for compensation and pension, the Secretary of Veterans
Affairs may provide for the conduct of examinations with respect
to the medical disabilities of applicants for benefits under laws
administered by the Secretary by persons other than Department
of Veterans Affairs employees. The authority under this section
is in addition to the authority provided in section 504(b) of the
Veterans’ Benefits Improvement Act of 1996 (Public Law 104–
275; 38 U.S.C. 5101 note).
(b) PERFORMANCE
BY CONTRACT.—Examinations under the
authority provided in subsection (a) shall be conducted pursuant
to contracts entered into and administered by the Under Secretary
for Benefits.
(c) EXPIRATION.—The authority in subsection (a) shall expire
on December 31, 2009. No examination may be carried out under
the authority provided in that subsection after that date.
(d) REPORT.—Not later than four years after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the use of the authority provided in subsection (a).
The Secretary shall include in the report an assessment of the
effect of examinations under that authority on the cost, timeliness,
and thoroughness of examinations with respect to the medical
disabilities of applicants for benefits under laws administered by
the Secretary.
SEC. 705. FORFEITURE OF BENEFITS FOR SUBVERSIVE ACTIVITIES.
(a) ADDITION OF CERTAIN OFFENSES.—Paragraph (2) of section
6105(b) is amended—
(1) by inserting ‘‘175, 229,’’ after ‘‘sections’’; and
(2) by inserting ‘‘831, 1091, 2332a, 2332b,’’ after ‘‘798,’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply to claims filed after the date of the enactment
of this Act.
SEC. 706. TWO-YEAR EXTENSION OF ROUND-DOWN REQUIREMENT FOR
COMPENSATION COST-OF-LIVING ADJUSTMENTS.
Sections 1104(a) and 1303(a) are each amended by striking
‘‘2011’’ and inserting ‘‘2013’’.
SEC. 707. CODIFICATION OF REQUIREMENT FOR EXPEDITIOUS TREAT-
MENT OF CASES ON REMAND.
(a) CASES REMANDED BY BOARD OF VETERANS’ APPEALS.—(1)
Chapter 51 is amended by adding at the end of subchapter I
the following new section:
‘‘§ 5109B. Expedited treatment of remanded claims
‘‘The Secretary shall take such actions as may be necessary
to provide for the expeditious treatment by the appropriate regional
office of the Veterans Benefits Administration of any claim that
is remanded to a regional office of the Veterans Benefits Administra-
tion by the Board of Veterans’ Appeals.’’.
Applicability.
38 USC 6105
note.
Deadline.
38 USC 5101
note.
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117 STAT. 2673
PUBLIC LAW 108–183—DEC. 16, 2003
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 5109A
the following new item:
‘‘5109B. Expedited treatment of remanded claims.’’.
(b) CASES REMANDED BY COURT OF APPEALS FOR VETERANS
CLAIMS.—(1) Chapter 71 is amended by adding at the end the
following new section:
‘‘§ 7112. Expedited treatment of remanded claims
‘‘The Secretary shall take such actions as may be necessary
to provide for the expeditious treatment by the Board of any claim
that is remanded to the Secretary by the Court of Appeals for
Veterans Claims.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘7112. Expedited treatment of remanded claims.’’.
(c) REPEAL OF SOURCE SECTION.—Section 302 of the Veterans’
Benefits Improvement Act of 1994 (Public Law 103–446; 108 Stat.
4658; 38 U.S.C. 5101 note) is repealed.
SEC. 708. TECHNICAL AND CLERICAL AMENDMENTS.
(a) MISCELLANEOUS
AMENDMENTS.—(1) Section 103(d) is
amended—
(A) in paragraph (4)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘this subsection’’ and inserting ‘‘paragraph (2)(A)
or (3)’’; and
(ii) in subparagraph (A), by striking ‘‘paragraph (2)’’
and inserting ‘‘paragraph (2)(A)’’; and
(B) in paragraph (5), by striking ‘‘Paragraphs (2)’’ and
inserting ‘‘Paragraphs (2)(A)’’.
(2) Section 1729A is amended—
(A) in subsection (b), by striking ‘‘after June 30, 1997,’’
in the matter preceding paragraph (1);
(B) in subsection (c), by striking paragraph (3);
(C) by striking subsection (e); and
(D) by redesignating subsection (f) as subsection (e).
(3) Section 1804(c)(2) is amended by striking ‘‘subsection’’ and
inserting ‘‘section’’.
(4) Section 1974(a)(5) is amended by striking ‘‘Secretary of
Transportation’’ and inserting ‘‘Secretary of Homeland Security’’.
(b) AMENDMENTS RELATING TO THE JOBS FOR VETERANS ACT.—
(1)(A) Subsection (c)(2)(B)(ii) of section 4102A is amended by
striking ‘‘October 1, 2002’’ and inserting ‘‘October 1, 2003’’.
(B) The amendment made by subparagraph (A) shall take effect
as if included in the enactment of section 4(a) of the Jobs for
Veterans Act (Public Law 107–288; 116 Stat. 2038).
(2) Subsection (f)(1) of section 4102A is amended by striking
‘‘6 months after the date of the enactment of this section,’’ and
inserting ‘‘May 7, 2003,’’.
(c) AMENDMENTS RELATING TO THE ESTABLISHMENT OF SOCIAL
SECURITY ADMINISTRATION AS AN INDEPENDENT AGENCY.—(1) Sec-
tion 1322 is amended—
(A) in subsection (a), by striking ‘‘Secretary of Health and
Human Services’’ and all that follows through the period and
38 USC 4102A.
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117 STAT. 2674
PUBLIC LAW 108–183—DEC. 16, 2003
inserting ‘‘Commissioner of Social Security, and shall be cer-
tified by the Commissioner to the Secretary upon request of
the Secretary.’’; and
(B) in subsection (b)—
(i) by striking ‘‘Secretary of Health and Human Serv-
ices’’ in the first sentence and inserting ‘‘Commissioner
of Social Security’’;
(ii) by striking ‘‘the two Secretaries’’ and inserting ‘‘the
Secretary and the Commissioner’’; and
(iii) by striking ‘‘Secretary of Health and Human Serv-
ices’’ in the second sentence and inserting ‘‘Commissioner’’.
(2) Section 5101(a) is amended by striking ‘‘Secretary of Health
and Human Services’’ and inserting ‘‘Commissioner of Social Secu-
rity’’.
(3) Section 5317 is amended by striking ‘‘Secretary of Health
and Human Services’’ in subsections (a), (b), and (g) and inserting
‘‘Commissioner of Social Security’’.
(4)(A) Section 5318 is amended—
(i) in subsection (a), by striking ‘‘Department of Health
and Human Services’’ and inserting ‘‘Social Security Adminis-
tration’’; and
(ii) in subsection (b)—
(I) by striking ‘‘Department of Health and Human Serv-
ices’’ and inserting ‘‘Social Security Administration’’;
(II) by striking ‘‘Secretary of Health and Human Serv-
ices’’ the first place it appears and inserting ‘‘Commissioner
of Social Security’’;
(III) by striking ‘‘Secretary of Health and Human Serv-
ices’’ the second place it appears and inserting ‘‘Commis-
sioner’’; and
(IV) by striking ‘‘such Secretaries’’ and inserting ‘‘the
Secretary and the Commissioner’’.
(B)(i) The heading of such section is amended to read as follows:
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117 STAT. 2675
PUBLIC LAW 108–183—DEC. 16, 2003
LEGISLATIVE HISTORY—H.R. 2297 (S. 1132):
HOUSE REPORTS: No. 108–211 (Comm. on Veterans’ Affairs)
SENATE REPORTS: No. 108–169 accompanying S. 1132 (Comm. on Veterans’ Af-
fairs).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Oct. 8, considered and passed House.
Nov. 19, considered and passed Senate, amended.
Nov. 20, House concurred in Senate amendment.
‘‘§ 5318. Review of Social Security Administration death
information’’.
(ii) The item relating to that section in the table of sections
at the beginning at chapter 53 is amended to read as follows:
‘‘5318. Review of Social Security Administration death information.’’.
Approved December 16, 2003.
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