[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2237 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                      November 15 (legislative day, November 14), 2002.

    Resolved, That the bill from the Senate (S. 2237) entitled ``An Act to amend 
title 38, United States Code, to modify and improve authorities relating to 
compensation and pension benefits, education benefits, housing benefits, and 
other benefits for veterans, to improve the administration of benefits for 
veterans, and for other purposes'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans Benefits 
Act of 2002''.
    (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--COMPENSATION AND BENEFITS IMPROVEMENTS

Sec. 101. Retention of CHAMPVA for surviving spouses remarrying after 
                            age 55.
Sec. 102. Clarification of entitlement to special monthly compensation 
                            for women veterans who have service-
                            connected loss of breast tissue.
Sec. 103. Specification of hearing loss required for compensation for 
                            hearing loss in paired organs.
Sec. 104. Assessment of acoustic trauma associated with military 
                            service from World War II to present.

                       TITLE II--MEMORIAL AFFAIRS

Sec. 201. Prohibition on certain additional benefits for persons 
                            committing capital crimes.
Sec. 202. Procedures for disqualification of persons committing capital 
                            crimes for interment or memorialization in 
                            national cemeteries.
Sec. 203. Application of Department of Veterans Affairs benefit for 
                            Government markers for marked graves of 
                            veterans at private cemeteries to veterans 
                            dying on or after September 11, 2001.
Sec. 204. Authorization of placement of a memorial in Arlington 
                            National Cemetery honoring World War II 
                            veterans who fought in the Battle of the 
                            Bulge.

                        TITLE III--OTHER MATTERS

Sec. 301. Increase in aggregate annual amount available for State 
                            approving agencies for administrative 
                            expenses for fiscal years 2003 through 
                            2007.
Sec. 302. Authority for Veterans' Mortgage Life Insurance to be carried 
                            beyond age 70.
Sec. 303. Authority to guarantee hybrid adjustable rate mortgages.
Sec. 304. Increase in amount payable as Medal of Honor special pension.
Sec. 305. Extension of protections under the Soldiers' and Sailors' 
                            Civil Relief Act of 1940 to National Guard 
                            members called to active duty under title 
                            32, United States Code.
Sec. 306. Extension of income verification authority.
Sec. 307. Fee for loan assumption.
Sec. 308. Technical and clarifying amendments.
Sec. 309. Codification of cost-of-living adjustment provided in Public 
                            Law 107-247.

                       TITLE IV--JUDICIAL MATTERS

Sec. 401. Standard for reversal by Court of Appeals for Veterans Claims 
                            of erroneous finding of fact by Board of 
                            Veterans' Appeals.
Sec. 402. Review by Court of Appeals for the Federal Circuit of 
                            decisions of law of Court of Appeals for 
                            Veterans Claims.
Sec. 403. Authority of Court of Appeals for Veterans Claims to award 
                            fees under Equal Access to Justice Act for 
                            non-attorney practitioners.

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--COMPENSATION AND BENEFITS IMPROVEMENTS

SEC. 101. RETENTION OF CHAMPVA FOR SURVIVING SPOUSES REMARRYING AFTER 
              AGE 55.

    (a) Exception to Termination of Benefits Upon Remarriage.--
Paragraph (2) of section 103(d) is amended--
            (1) by inserting ``(A) after ``(2)''; and
            (2) by adding at the end the following:
    ``(B) The remarriage after age 55 of the surviving spouse of a 
veteran shall not bar the furnishing of benefits under section 1781 of 
this title to such person as the surviving spouse of the veteran.''.
    (b) Application for Benefits.--In the case of an individual who but 
for having remarried would be eligible for medical care under section 
1781 of title 38, United States Code, and whose remarriage was before 
the date of the enactment of this Act and after the individual had 
attained age 55, the individual shall be eligible for such medical care 
by reason of the amendments made by subsection (a) only if an 
application for such medical care is received by the Secretary of 
Veterans Affairs during the one-year period ending on the effective 
date specified in subsection (c).
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 60 days after the date of the enactment of 
this Act.

SEC. 102. CLARIFICATION OF ENTITLEMENT TO SPECIAL MONTHLY COMPENSATION 
              FOR WOMEN VETERANS WHO HAVE SERVICE-CONNECTED LOSS OF 
              BREAST TISSUE.

    Section 1114(k) is amended by striking ``one or both breasts 
(including loss by mastectomy)'' and inserting ``25 percent or more of 
tissue from a single breast or both breasts in combination (including 
loss by mastectomy or partial mastectomy) or has received radiation 
treatment of breast tissue''.

SEC. 103. SPECIFICATION OF HEARING LOSS REQUIRED FOR COMPENSATION FOR 
              HEARING LOSS IN PAIRED ORGANS.

    Section 1160(a)(3) is amended--
            (1) by striking ``total deafness'' the first place it 
        appears and inserting ``deafness compensable to a degree of 10 
        percent or more''; and
            (2) by striking ``total deafness'' the second place it 
        appears and inserting ``deafness''.

SEC. 104. ASSESSMENT OF ACOUSTIC TRAUMA ASSOCIATED WITH MILITARY 
              SERVICE FROM WORLD WAR II TO PRESENT.

    (a) Assessment by National Academy of Sciences.--The Secretary of 
Veterans Affairs shall seek to enter into an agreement with the 
National Academy of Sciences for the Academy to perform the activities 
specified in this section. The Secretary shall seek to enter into the 
agreement not later than 60 days after the date of the enactment of 
this Act.
    (b) Duties Under Agreement.--Under the agreement under subsection 
(a), the National Academy of Sciences shall do the following:
            (1) Review and assess available data on hearing loss that 
        could reasonably be expected to have been incurred by members 
        of the Armed Forces during the period from the beginning of 
        World War II to the date of the enactment of this Act.
            (2) Identify the different sources of acoustic trauma that 
        members of the Armed Forces could reasonably be expected to 
        have been exposed to during the period from the beginning of 
        World War II to the date of the enactment of this Act
            (3) Determine how much exposure to each source of acoustic 
        trauma identified under paragraph (2) is required to cause or 
        contribute to hearing loss, hearing threshold shift, or 
        tinnitus, as the case may be, and at what noise level.
            (4) Determine whether or not such hearing loss, hearing 
        threshold shift, or tinnitus, as the case may be, is--
                    (A) immediate or delayed onset;
                    (B) cumulative;
                    (C) progressive; or
                    (D) any combination of subparagraph (A), (B), and 
                (C).
            (5) Identify age, occupational history, and other factors 
        which contribute to an individual's noise-induced hearing loss.
            (6) Identify--
                    (A) the period of time at which audiometric 
                measures used by the Armed Forces became adequate to 
                evaluate individual hearing threshold shift; and
                    (B) the period of time at which hearing 
                conservation measures to prevent individual hearing 
                threshold shift were available to members of the Armed 
                Forces, shown separately for each of the Army, Navy, 
                Air Force, Marine Corps, and Coast Guard, and, for each 
                such service, shown separately for members exposed to 
                different sources of acoustic trauma identified under 
                paragraph (2).
    (c) Report.--Not later than 180 days after the date of the entry 
into the agreement referred to in subsection (a), the National Academy 
of Sciences shall submit to the Secretary a report on the activities of 
the National Academy of Sciences under the agreement, including the 
results of the activities required by subsection (b).
    (d) Report on Administration of Benefits for Hearing Loss and 
Tinnitus.--(1) Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Veterans Affairs shall submit to the 
Committees on Veterans' Affairs of the Senate and the House of 
Representatives a report on the claims submitted to the Secretary for 
disability compensation or health care for hearing loss or tinnitus.
    (2) The report under paragraph (1) shall include the following:
            (A) The number of decisions issued by the Secretary in each 
        of fiscal years 2000, 2001, and 2002 on claims for disability 
        compensation for hearing loss, tinnitus, or both.
            (B) Of the decisions referred to in subparagraph (A)--
                    (i) the number in which compensation was awarded, 
                and the number in which compensation was denied, set 
                forth by fiscal year; and
                    (ii) the total amount of disability compensation 
                paid on such claims during each such fiscal year.
            (C) The total cost to the Department of Veterans Affairs of 
        adjudicating the claims referred to in subparagraph (A), set 
        forth in terms of full-time employee equivalents (FTEEs).
            (D) The total number of veterans who sought treatment in 
        Department of Veterans Affairs health care facilities during 
        fiscal years specified in subparagraph (A) for hearing-related 
        disorders, set forth by the number of veterans per year.
            (E) The health care furnished to veterans referred to in 
        subparagraph (D) for hearing-related disorders, including the 
        number of veterans furnished hearing aids and the cost of 
        furnishing such hearing aids.

                       TITLE II--MEMORIAL AFFAIRS

SEC. 201. PROHIBITION ON CERTAIN ADDITIONAL BENEFITS FOR PERSONS 
              COMMITTING CAPITAL CRIMES.

    (a) Presidential Memorial Certificate.--Section 112 is amended by 
adding at the end the following new subsection:
    ``(c) A certificate may not be furnished under the program under 
subsection (a) on behalf of a deceased person described in section 
2411(b) of this title.''.
    (b) Flag to Drape Casket.--Section 2301 is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following new 
        subsection (g):
    ``(g) A flag may not be furnished under this section in the case of 
a person described in section 2411(b) of this title.''.
    (c) Headstone or Marker for Grave.--Section 2306 is amended by 
adding at the end the following new subsection:
    ``(g)(1) A headstone or marker may not be furnished under 
subsection (a) for the unmarked grave of a person described in section 
2411(b) of this title.
    ``(2) A memorial headstone or marker may not be furnished under 
subsection (b) for the purpose of commemorating a person described in 
section 2411(b) of this title.
    ``(3) A marker may not be furnished under subsection (d) for the 
grave of a person described in section 2411(b) of this title.''.
    (d) 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. 202. PROCEDURES FOR DISQUALIFICATION OF PERSONS COMMITTING CAPITAL 
              CRIMES FOR INTERMENT OR MEMORIALIZATION IN NATIONAL 
              CEMETERIES.

    Section 2411(a)(2) is amended--
            (1) by striking ``The prohibition'' and inserting ``In the 
        case of a person described in subsection (b)(1) or (b)(2), the 
        prohibition''; and
            (2) by striking ``or finding under subsection (b)'' and 
        inserting ``referred to in subsection (b)(1) or (b)(2), as the 
        case may be,''.

SEC. 203. APPLICATION OF DEPARTMENT OF VETERANS AFFAIRS BENEFIT FOR 
              GOVERNMENT MARKERS FOR MARKED GRAVES OF VETERANS AT 
              PRIVATE CEMETERIES TO VETERANS DYING ON OR AFTER 
              SEPTEMBER 11, 2001.

    (a) In General.--Subsection (d) of section 502 of the Veterans 
Education and Benefits Expansion Act of 2001 (Public Law 107-103; 115 
Stat. 995; 38 U.S.C. 2306 note) is amended by striking ``the date of 
the enactment of this Act'' and inserting ``September 11, 2001''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of such section 502.

SEC. 204. AUTHORIZATION OF PLACEMENT OF A MEMORIAL IN ARLINGTON 
              NATIONAL CEMETERY HONORING WORLD WAR II VETERANS WHO 
              FOUGHT IN THE BATTLE OF THE BULGE.

    The Secretary of the Army is authorized to place in Arlington 
National Cemetery a memorial marker honoring veterans who fought in the 
battle in the European theater of operations during World War II known 
as the Battle of the Bulge.

                        TITLE III--OTHER MATTERS

SEC. 301. INCREASE IN AGGREGATE ANNUAL AMOUNT AVAILABLE FOR STATE 
              APPROVING AGENCIES FOR ADMINISTRATIVE EXPENSES FOR FISCAL 
              YEARS 2003 THROUGH 2007.

    The first sentence of section 3674(a)(4) is amended by inserting 
before the period at the end the following: ``, for fiscal year 2003, 
$14,000,000, for fiscal year 2004, $18,000,000, for fiscal year 2005, 
$18,000,000, for fiscal year 2006, $19,000,000, and for fiscal year 
2007, $19,000,000''.

SEC. 302. AUTHORITY FOR VETERANS' MORTGAGE LIFE INSURANCE TO BE CARRIED 
              BEYOND AGE 70.

    Section 2106 is amended--
            (1) in subsection (a), by inserting ``age 69 or younger'' 
        after ``any eligible veteran''; and
            (2) in subsection (i), by striking paragraph (2) and 
        redesignating paragraphs (3) and (4) as paragraphs (2) and (3), 
        respectively.

SEC. 303. AUTHORITY TO GUARANTEE HYBRID ADJUSTABLE RATE MORTGAGES.

    (a) Two-Year Demonstration Project To Guarantee Certain Adjustable 
Rate Mortgages.--Chapter 37 is amended by inserting after section 3707 
the following new section:
``Sec. 3707A. Hybrid adjustable rate mortgages
    ``(a) The Secretary shall carry out a demonstration project under 
this section during fiscal years 2004 and 2005 for the purpose of 
guaranteeing loans in a manner similar to the manner in which the 
Secretary of Housing and Urban Development insures adjustable rate 
mortgages under section 251 of the National Housing Act in accordance 
with the provisions of this section with respect to hybrid adjustable 
rate mortgages described in subsection (b).
    ``(b) Adjustable rate mortgages that are guaranteed under this 
section shall be adjustable rate mortgages (commonly referred to as 
`hybrid adjustable rate mortgages') having interest rate adjustment 
provisions that--
            ``(1) specify an initial rate of interest that is fixed for 
        a period of not less than the first three years of the mortgage 
        term;
            ``(2) provide for an initial adjustment in the rate of 
        interest by the mortgagee at the end of the period described in 
        paragraph (1); and
            ``(3) comply in such initial adjustment, and any subsequent 
        adjustment, with subsection (c).
    ``(c) Interest rate adjustment provisions of a mortgage guaranteed 
under this section shall--
            ``(1) correspond to a specified national interest rate 
        index approved by the Secretary, information on which is 
        readily accessible to mortgagors from generally available 
        published sources;
            ``(2) be made by adjusting the monthly payment on an annual 
        basis;
            ``(3) be limited, with respect to any single annual 
        interest rate adjustment, to a maximum increase or decrease of 
        1 percentage point; and
            ``(4) be limited, over the term of the mortgage, to a 
        maximum increase of 5 percentage points above the initial 
        contract interest rate.
    ``(d) The Secretary shall promulgate underwriting standards for 
loans guaranteed under this section, taking into account--
            ``(1) the status of the interest rate index referred to in 
        subsection (c)(1) and available at the time an underwriting 
        decision is made, regardless of the actual initial rate offered 
        by the lender;
            ``(2) the maximum and likely amounts of increases in 
        mortgage payments that the loans would require;
            ``(3) the underwriting standards applicable to adjustable 
        rate mortgages insured under title II of the National Housing 
        Act; and
            ``(4) such other factors as the Secretary finds 
        appropriate.
    ``(e) The Secretary shall require that the mortgagee make available 
to the mortgagor, at the time of loan application, a written 
explanation of the features of the adjustable rate mortgage, including 
a hypothetical payment schedule that displays the maximum potential 
increases in monthly payments to the mortgagor over the first five 
years of the mortgage term.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 37 is amended by inserting after the item relating to section 
3707 the following new item:

``3707A. Hybrid adjustable rate mortgages.''.

SEC. 304. INCREASE IN AMOUNT PAYABLE AS MEDAL OF HONOR SPECIAL PENSION.

    (a) Increase in Amount.--Subsection (a) of section 1562 is amended 
by striking ``$600'' and inserting ``$1,000, as adjusted from time to 
time under subsection (e)''.
    (b) Annual Adjustment.--That section is further amended by adding 
at the end the following new subsection:
    ``(e) Effective as of December 1 each year, the Secretary shall 
increase the amount of monthly special pension payable under subsection 
(a) as of November 30 of such year by the same percentage as the 
percentage by which benefit amounts payable under title II of the 
Social Security Act (42 U.S.C. 401 et seq.) are increased effective 
December 1 of such year as a result of a determination under section 
215(i) of that Act (42 U.S.C. 415(i)).''.
    (c) Payment of Lump Sum for Period Between Act of Valor and 
Commencement of Special Pension.--That section is further amended by 
adding after subsection (e), as added by subsection (b) of this 
section, the following new subsection:
    ``(f)(1) The Secretary shall pay, in a lump sum, to each person who 
is in receipt of special pension payable under this section an amount 
equal to the total amount of special pension that the person would have 
received during the period beginning on the first day of the first 
month beginning after the date of the act for which the person was 
awarded the Medal of Honor and ending on the last day of the month 
preceding the month in which the person's special pension in fact 
commenced.
    ``(2) For each month of a period referred to in paragraph (1), the 
amount of special pension payable to a person shall be determined using 
the rate of special pension that was in effect for such month, and 
shall be payable only if the person would have been entitled to payment 
of special pension for such month under laws for eligibility for 
special pension (with the exception of the eligibility law requiring a 
person to have been awarded a Medal of Honor) in effect at the 
beginning of such month.''.
    (d) Effective Date.--(1) Except as provided in paragraph (2), the 
amendments made by subsections (a) and (b) shall take effect on 
September 1, 2003. No payment may be made pursuant to subsection (f) of 
section 1562 of title 38, United States Code, as added by subsection 
(c) of this section, before October 1, 2003.
    (2) The Secretary of Veterans Affairs shall not make any adjustment 
under subsection (e) of section 1562 of title 38, United States Code, 
as added by subsection (b) of this section, in 2003.

SEC. 305. EXTENSION OF PROTECTIONS UNDER THE SOLDIERS' AND SAILORS' 
              CIVIL RELIEF ACT OF 1940 TO NATIONAL GUARD MEMBERS CALLED 
              TO ACTIVE DUTY UNDER TITLE 32, UNITED STATES CODE.

    Section 101(1) of the Soldiers' and Sailors' Civil Relief Act of 
1940 (50 U.S.C. App. 511(1)) is amended--
            (1) in the first sentence--
                    (A) by striking ``and all'' and inserting ``all''; 
                and
                    (B) by inserting before the period the following: 
                ``, and all members of the National Guard on service 
                described in the following sentence''; and
            (2) in the second sentence, by inserting before the period 
        the following: ``, and, in the case of a member of the National 
        Guard, shall include service under a call to active service 
        authorized by the President or the Secretary of Defense for a 
        period of more than 30 consecutive days under section 502(f) of 
        title 32, United States Code, for purposes of responding to a 
        national emergency declared by the President and supported by 
        Federal funds''.

SEC. 306. EXTENSION OF INCOME VERIFICATION AUTHORITY.

    Section 6103(l)(7)(D) of the Internal Revenue Code of 1986 is 
amended by striking ``September 30, 2003'' in the second sentence after 
clause (ix) and inserting ``September 30, 2008''.

SEC. 307. FEE FOR LOAN ASSUMPTION.

    (a) In General.--For the period described in subsection (b), the 
Secretary of Veterans Affairs shall apply section 3729(b)(2)(I) of 
title 38, United States Code, by substituting ``1.00'' for ``0.50'' 
each place it appears.
    (b) Period Described.--The period referred to in subsection (a) is 
the period that begins on the date that is 7 days after the date of the 
enactment of this Act and ends on September 30, 2003.

SEC. 308. TECHNICAL AND CLARIFYING AMENDMENTS.

    (a) Eligibility of Certain Additional Vietnam Era Veterans for 
Education Benefits.--Section 3011(a)(1)(C)(ii) is amended by striking 
``on or''.
    (b) Accelerated Payment of Assistance for Education Leading to 
Employment in High Technology Industry.--(1) Subsection (b)(1) of 
section 3014A is amended by striking ``employment in a high technology 
industry'' and inserting ``employment in a high technology occupation 
in a high technology industry''.
    (2)(A) The heading for section 3014A is amended to read as follows:
``Sec. 3014A. Accelerated payment of basic educational assistance for 
              education leading to employment in high technology 
              occupation in high technology industry''.
    (B) The table of sections at the beginning of chapter 30 is amended 
by striking the item relating to section 3014A and inserting the 
following new item:

``3014A. Accelerated payment of basic educational assistance for 
                            education leading to employment in high 
                            technology occupation in high technology 
                            industry.''.
    (c) Source of Funds for Increased Usage of Montgomery GI Bill 
Entitlement Under Entitlement Transfer Authority.--(1) Section 3035(b) 
is amended--
            (A) in paragraph (1), by striking ``paragraphs (2) and (3) 
        of this subsection,'' and inserting ``paragraphs (2), (3), and 
        (4),''; and
            (B) by adding at the end the following new paragraph:
    ``(4) Payments attributable to the increased usage of benefits as a 
result of transfers of entitlement to basic educational assistance 
under section 3020 of this title shall be made from the Department of 
Defense Education Benefits Fund established under section 2006 of title 
10 or from appropriations made to the Department of Transportation, as 
appropriate.''.
    (2) The amendments made by this subsection shall take effect as if 
included in the enactment of the National Defense Authorization Act for 
Fiscal Year 2002 (Public Law 107-107), to which such amendments relate.
    (d) Licensing or Certification Tests.--Section 3689(c)(1)(B) is 
amended by striking ``the test'' and inserting ``such test, or a test 
to certify or license in a similar or related occupation,''.
    (e) Period of Eligibility for Survivors' and Dependents' Assistance 
Education Benefits.--(1) Section 3512(a) is amended--
            (A) in paragraph (3)--
                    (i) by striking ``paragraph (4)'' in the matter 
                preceding subparagraph (A) and inserting ``paragraph 
                (4) or (5)''; and
                    (ii) by striking ``subsection (d)'' in subparagraph 
                (C)(i) and inserting ``subsection (d), or any date 
                between the two dates described in subsection (d)'';
            (B) by redesignating paragraphs (4), (5), (6), and (7) as 
        paragraphs (5), (6), (7), and (8), respectively;
            (C) by inserting after paragraph (3) the following new 
        paragraph (4):
            ``(4) if the person otherwise eligible under paragraph (3) 
        fails to elect a beginning date of entitlement in accordance 
        with that paragraph, the beginning date of the person's 
        entitlement shall be the date of the Secretary's decision that 
        the parent has a service-connected total disability permanent 
        in nature, or that the parent's death was service-connected, 
        whichever is applicable;''; and
            (D) in paragraph (6), as so redesignated, by striking 
        ``paragraph (4)'' and inserting ``paragraph (5)''.
    (2) The amendments made by this subsection shall take effect 
November 1, 2000.
    (f) Loan Fees.--(1) Section 3703(e)(2)(A) is amended by striking 
``3729(b)'' and inserting ``3729(b)(2)(I)''.
    (2) The amendment made by paragraph (1) shall take effect as if 
included in the enactment of section 402 of the Veterans Benefits and 
Health Care Improvement Act of 2000 (Public Law 106-419; 114 Stat. 
1861).
    (g) Additional Miscellaneous Technical Amendments to Title 38, 
United States Code.--(1)(A) The tables of chapters preceding part I and 
at the beginning of part IV are each amended by striking ``5101'' in 
the item relating to chapter 51 and inserting ``5100''.
    (B) The table of parts preceding part I is amended by striking 
``5101'' in the item relating to part IV and inserting ``5100''.
    (2) Section 107(d)(2) is amended by striking ``the date of the 
enactment of this subsection'' and inserting ``November 1, 2000,''.
    (3) Section 1701(10)(A) is amended by striking ``the date of the 
enactment of the Veterans' Millennium Health Care and Benefits Act'' 
and inserting ``November 30, 1999,''.
    (4) Section 1705(c)(1) is amended by striking ``Effective on 
October 1, 1998, the Secretary'' and inserting ``The Secretary''.
    (5) Section 1707(a) is amended by inserting ``(42 U.S.C. 14401 et 
seq.)'' before the period at the end.
    (6) Section 1710(e)(1)(D) is amended by striking ``the date of the 
enactment of this subparagraph'' and inserting ``November 11, 1998''.
    (7) Section 1729B(b) is amended by striking ``the date of the 
enactment of this section'' and inserting ``November 30, 1999,''.
    (8) Section 1781(d) is amended--
            (A) in paragraph (1)(B)(i), by striking ``as of the date'' 
        and all that follows through ``of 2001'' and inserting ``as of 
        June 5, 2001''; and
            (B) in paragraph (4), by striking ``paragraph'' and 
        inserting ``subsection''.
    (9) Section 3018C(e)(2)(B) is amended by striking the comma after 
``April''.
    (10) Section 3031(a)(3) is amended by striking ``the date of the 
enactment of this paragraph'' and inserting ``December 27, 2001''.
    (11) Section 3485(a)(4) is amended in subparagraphs (A), (C), and 
(F), by striking ``the five-year period beginning on the date of the 
enactment of the Veterans Education and Benefits Expansion Act of 
2001'' and inserting ``the period preceding December 27, 2006''.
    (12) Section 3734(b)(2) is amended--
            (A) by striking subparagraph (B); and
            (B) by redesignating subparagraphs (C), (D), (E), and (F) 
        as subparagraphs (B) (C), (D), and (E), respectively.
    (13) Section 7315(a) is amended by inserting ``Veterans Health'' in 
the first sentence after ``in the''.
    (h) Public Law 107-103.--Effective as of December 27, 2001, and as 
if included therein as originally enacted, section 103(c) of the 
Veterans Education and Benefits Expansion Act of 2001 (Public Law 107-
103; 115 Stat. 979) is amended by inserting closing quotation marks at 
the end of the text inserted by the amendment made by paragraph (2).
    (i) Public Law 102-86.--Section 403(e) of the Veterans' Benefits 
Programs Improvement Act of 1991 (Public Law 102-86; 105 Stat. 424) is 
amended by striking ``section 321'' and all that follows through ``and 
484)'' and inserting ``subchapter II of chapter 5 of title 40, United 
States Code, sections 541 through 555 and 1302 of title 40, United 
States Code''.

SEC. 309. CODIFICATION OF COST-OF-LIVING ADJUSTMENT PROVIDED IN PUBLIC 
              LAW 107-247.

    (a) Veterans' Disability Compensation.--Section 1114 is amended--
            (1) by striking ``$103'' in subsection (a) and inserting 
        ``$104'';
            (2) by striking ``$199'' in subsection (b) and inserting 
        ``$201'';
            (3) by striking ``$306'' in subsection (c) and inserting 
        ``$310'';
            (4) by striking ``$439'' in subsection (d) and inserting 
        ``$445'';
            (5) by striking ``$625'' in subsection (e) and inserting 
        ``$633'';
            (6) by striking ``$790'' in subsection (f) and inserting 
        ``$801'';
            (7) by striking ``$995'' in subsection (g) and inserting 
        ``$1,008'';
            (8) by striking ``$1,155'' in subsection (h) and inserting 
        ``$1,171'';
            (9) by striking ``$1,299'' in subsection (i) and inserting 
        ``$1,317'';
            (10) by striking ``$2,163'' in subsection (j) and inserting 
        ``$2,193'';
            (11) in subsection (k)--
                    (A) by striking ``$80'' both places it appears and 
                inserting ``$81''; and
                    (B) by striking ``$2,691'' and ``$3,775'' and 
                inserting ``$2,728'' and ``$3,827'', respectively;
            (12) by striking ``$2,691'' in subsection (l) and inserting 
        ``$2,728'';
            (13) by striking ``$2,969'' in subsection (m) and inserting 
        ``$3,010'';
            (14) by striking ``$3,378'' in subsection (n) and inserting 
        ``$3,425'';
            (15) by striking ``$3,775'' each place it appears in 
        subsections (o) and (p) and inserting ``$3,827'';
            (16) by striking ``$1,621'' and ``$2,413'' in subsection 
        (r) and inserting ``$1,643'' and ``$2,446'', respectively; and
            (17) by striking ``$2,422'' in subsection (s) and inserting 
        ``$2,455''.
            (b) Additional Compensation for Dependents.--Section 
        1115(1) is amended--
            (1) by striking ``$124'' in subparagraph (A) and inserting 
        ``$125'';
            (2) by striking ``$213'' in subparagraph (B) and inserting 
        ``$215'';
            (3) by striking ``$84'' in subparagraph (C) and inserting 
        ``$85'';
            (4) by striking ``$100'' in subparagraph (D) and inserting 
        ``$101'';
            (5) by striking ``$234'' in subparagraph (E) and inserting 
        ``$237''; and
            (6) by striking ``$196'' in subparagraph (F) and inserting 
        ``$198''.
    (c) Clothing Allowance for Certain Disabled Veterans.--Section 1162 
is amended by striking ``$580'' and inserting ``$588''.
    (d) Dependency and Indemnity Compensation for Surviving Spouses.--
(1) Section 1311(a) is amended--
            (A) by striking ``$935'' in paragraph (1) and inserting 
        ``$948''; and
            (B) by striking ``$202'' in paragraph (2) and inserting 
        ``$204''.
    (2) The table in section 1311(a)(3) is amended to read as follows:

      

                                   Monthly                       Monthly
``Pay grade                           rate  Pay grade               rate
    E-1........................       $948      W-4..........     $1,134
    E-2........................        948      O-1..........      1,001
    E-3........................        948      O-2..........      1,035
    E-4........................        948      O-3..........      1,107
    E-5........................        948      O-4..........      1,171
    E-6........................        948      O-5..........      1,289
    E-7........................        980      O-6..........      1,453
    E-8........................      1,035      O-7..........      1,570
    E-9........................   \1\1,080      O-8..........      1,722
    W-1........................      1,001      O-9..........      1,843
    W-2........................      1,042      O-10.........   \2\2,021
    W-3........................      1,072
 
``\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 designated by section 1302 of
  this title, the surviving spouse's rate shall be $1,165.
``\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 $2,168.''.

    (3) Section 1311(b) is amended by striking ``$234'' and inserting 
``$237''.
    (4) Section 1311(c) is amended by striking ``$234'' and inserting 
``$237''.
    (5) Section 1311(d) is amended by striking ``$112'' and inserting 
``$113''.
    (e) Dependency and Indemnity Compensation for Children.--(1) 
Section 1313(a) is amended--
            (A) by striking ``$397'' in paragraph (1) and inserting 
        ``$402'';
            (B) by striking ``$571'' in paragraph (2) and inserting 
        ``$578'';
            (C) by striking ``$742'' in paragraph (3) and inserting 
        ``$752''; and
            (D) by striking ``$742'' and ``$143'' in paragraph (4) and 
        inserting ``$752'' and ``$145'', respectively.
    (2) Section 1314 is amended--
            (A) by striking ``$234'' in subsection (a) and inserting 
        ``$237'';
            (B) by striking ``$397'' in subsection (b) and inserting 
        ``$402''; and
            (C) by striking ``$199'' in subsection (c) and inserting 
        ``$201''.

                       TITLE IV--JUDICIAL MATTERS

SEC. 401. STANDARD FOR REVERSAL BY COURT OF APPEALS FOR VETERANS CLAIMS 
              OF ERRONEOUS FINDING OF FACT BY BOARD OF VETERANS' 
              APPEALS.

    (a) Standard for Reversal.--Paragraph (4) of subsection (a) of 
section 7261 is amended--
            (1) by inserting ``adverse to the claimant'' after 
        ``material fact''; and
            (2) by inserting ``or reverse'' after ``and set aside''.
    (b) Requirements for Review.--Subsection (b) of that section is 
amended to read as follows:
    ``(b) In making the determinations under subsection (a), the Court 
shall review the record of proceedings before the Secretary and the 
Board of Veterans' Appeals pursuant to section 7252(b) of this title 
and shall--
            ``(1) take due account of the Secretary's application of 
        section 5107(b) of this title; and
            ``(2) take due account of the rule of prejudicial error.''.
    (c) Applicability.--(1) Except as provided in paragraph (2), the 
amendments made by this section shall take effect on the date of the 
enactment of this Act.
    (2) The amendments made by this section shall apply with respect to 
any case pending for decision before the United States Court of Appeals 
for Veterans Claims other than a case in which a decision has been 
entered before the date of the enactment of this Act.

SEC. 402. REVIEW BY COURT OF APPEALS FOR THE FEDERAL CIRCUIT OF 
              DECISIONS OF LAW OF COURT OF APPEALS FOR VETERANS CLAIMS.

    (a) Review.--Section 7292(a) is amended by inserting ``a decision 
of the Court on a rule of law or of'' in the first sentence after ``the 
validity of''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to any appeal--
            (1) filed with the United States Court of Appeals for the 
        Federal Circuit on or after the date of the enactment of this 
        Act; or
            (2) pending with the United States Court of Appeals for the 
        Federal Circuit as of the date of the enactment of this Act in 
        which a decision has not been rendered as of that date.

SEC. 403. AUTHORITY OF COURT OF APPEALS FOR VETERANS CLAIMS TO AWARD 
              FEES UNDER EQUAL ACCESS TO JUSTICE ACT FOR NON-ATTORNEY 
              PRACTITIONERS.

    The authority of the United States Court of Appeals for Veterans 
Claims to award reasonable fees and expenses of attorneys under section 
2412(d) of title 28, United States Code, shall include authority to 
award fees and expenses, in an amount determined appropriate by the 
United States Court of Appeals for Veterans Claims, of individuals 
admitted to practice before the Court as non-attorney practitioners 
under subsection (b) or (c) of Rule 46 of the Rules of Practice and 
Procedure of the United States Court of Appeals for Veterans Claims.

            Amend the title so as to read ``An Act to amend title 38, 
        United States Code, to improve authorities of the Department of 
        Veterans Affairs relating to veterans' compensation, dependency 
        and indemnity compensation, and pension benefits, education 
        benefits, housing benefits, memorial affairs benefits, life 
        insurance benefits, and certain other benefits for veterans, to 
        improve the administration of benefits for veterans, to make 
        improvements in procedures relating to judicial review of 
        veterans' claims for benefits, and for other purposes.''.
            Attest:

                                                                          Clerk.
107th CONGRESS

  2d Session

                                S. 2237

_______________________________________________________________________

                               AMENDMENTS