[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2297 Reported in House (RH)]






                                                 Union Calendar No. 117
108th CONGRESS
  1st Session
                                H. R. 2297

                          [Report No. 108-211]

 To amend title 38, United States Code, to modify and improve certain 
             benefits for veterans, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 2, 2003

  Mr. Smith of New Jersey (for himself, Mr. Evans, Mr. Brown of South 
  Carolina, and Mr. Michaud) introduced the following bill; which was 
             referred to the Committee on Veterans' Affairs

                             July 15, 2003

 Additional sponsors: Mr. Gutierrez, Ms. Corrine Brown of Florida, Mr. 
     Rodriguez, Mr. Filner, Mr. Royce, and Mr. Udall of New Mexico

                             July 15, 2003

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on June 2, 
                                 2003]

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to modify and improve certain 
             benefits for veterans, 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 of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Expansion of Montgomery GI Bill education benefits for certain 
                            self-employment training.
Sec. 3. Extension in period of eligibility for survivors' and 
                            dependents' education benefits for 
                            individuals who are involuntarily ordered 
                            to full-time National Guard duty.
Sec. 4. Extension of Veterans' Advisory Committee on Education.
Sec. 5. Repeal of provisions relating to obsolete education loan 
                            program.
Sec. 6. Retention of Dependency and Indemnity Compensation for 
                            surviving spouses remarrying after age 55.
Sec. 7. Eligibility of surviving spouses who remarry for burial in 
                            national cemeteries.
Sec. 8. Permanent authority for State cemetery grants.
Sec. 9. Reinstatement of veterans vocational training program for 
                            certain pension recipients.
Sec. 10. Increase in amounts for certain adaptive benefits for disabled 
                            veterans.
Sec. 11. Presumptions of service-connection relating to diseases and 
                            disabilities of former prisoners of war.
Sec. 12. Extension of spina bifida benefits for children of Vietnam-era 
                            veterans.
Sec. 13. Permanent authority for housing loans for members of the 
                            Selected Reserve.
Sec. 14. Adjustment to home loan fees and uniformity of fees for 
                            qualifying Reserve members with fees for 
                            active duty veterans.
Sec. 15. Reinstatement of minimum requirements for sale of vendee 
                            loans.
Sec. 16. Rate of payment of benefits for certain Filipino veterans and 
                            their survivors residing in the United 
                            States.
Sec. 17. Burial benefits for new Philippine scouts residing in the 
                            United States.
Sec. 18. Extension of authority to maintain regional office in the 
                            Republic of the Philippines.
Sec. 19. Outstationing of transition assistance program personnel.
Sec. 20. Forfeiture of benefits for subversive activities.
Sec. 21. Technical amendments related to Jobs for Veterans Act.
Sec. 22. Technical and conforming relating to establishment of Social 
                            Security Administration as an independent 
                            agency.

SEC. 2. EXPANSION OF MONTGOMERY GI BILL EDUCATION BENEFITS FOR CERTAIN 
              SELF-EMPLOYMENT TRAINING.

     (a) Definition of Training Establishment.--Section 3452(e) of 
title 38, United States Code, is amended by striking ``means any'' and 
all that follows and inserting ``means any of the following:
            ``(1) An establishment providing apprentice or other 
        training on the job, 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. 3. EXTENSION IN PERIOD OF ELIGIBILITY FOR SURVIVORS' AND 
              DEPENDENTS' EDUCATION BENEFITS FOR INDIVIDUALS WHO ARE 
              INVOLUNTARILY ORDERED TO FULL-TIME NATIONAL GUARD DUTY.

    (a) In General.--Section 3512(h) of title 38, United States Code, 
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. 4. EXTENSION OF VETERANS' ADVISORY COMMITTEE ON EDUCATION.

    (a) Extension.--Subsection (c) of section 3692 of title 38, United 
States Code, is amended by striking ``December 31, 2003'' and inserting 
``December 31, 2009''.
    (b) Modification of Membership Requirements.--The second sentence 
of subsection (a) of such section is amended by striking ``World War 
II, the Korean conflict era, the post-Korean conflict era,''.
    (c) Technical Amendment.--Such section is further amended by 
striking ``chapter 106'' each place it appears and inserting ``chapter 
1606''.

SEC. 5. REPEAL OF PROVISIONS RELATING TO OBSOLETE EDUCATION LOAN 
              PROGRAM.

    (a) Termination of Program.--Subchapter III of chapter 36 of title 
38, United States Code, is repealed.
    (b) Transfer of Loan Fund Balance.--Any balance as of the date of 
the enactment of this Act in the Department of Veterans Affairs 
Education Loan Fund shall be transferred to the Department of Veterans 
Affairs Readjustment Benefits Account.
    (c) Discharge of Liability.--The Secretary of Veterans Affairs 
shall discharge any outstanding liability of a veteran under such 
subchapter. Any overpayment declared under section 3698(e)(1) of that 
subchapter shall be waived without further process on the date on which 
funds are transferred under subsection (b).
    (d) Clerical Amendment.--The table of sections at the beginning of 
chapter 36 of such title is amended by striking the items relating to 
subchapter III and sections 3698 and 3699.
    (e) Conforming Amendments.--(1) Section 3462(a) of such title is 
amended by striking paragraph (2).
    (2) Section 3485(e)(1) of such title by striking ``(other than an 
education loan under subchapter III)''.
    (3) Section 3512 of such title is amended by striking subsection 
(f).

SEC. 6. RETENTION OF DEPENDENCY AND INDEMNITY COMPENSATION FOR 
              SURVIVING SPOUSES REMARRYING AFTER AGE 55.

    (a) Exception to Termination of Benefits Upon Remarriage.--Section 
103(d)(2)(B) of title 38, United States Code, is amended by inserting 
``1311 or'' after ``under section''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on--
            (1) the first day of the first month that begins after the 
        date of the enactment of this Act; or
            (2) the first day of the fiscal year that begins in the 
        calendar year in which this Act is enacted, if later than the 
        date specified in paragraph (1).
    (c) Retroactive Benefits Prohibited.--No benefit may be paid to any 
person by reason of the amendment made by subsection (a) for any period 
before the effective date specified in subsection (b).
    (d) Application for Benefits.--In the case of an individual who but 
for having remarried would be eligible for dependency and indemnity 
compensation under section 1311 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 compensation by reason of the amendment made by 
subsection (a) only if the individual submits an application for such 
compensation 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.

SEC. 7. ELIGIBILITY OF SURVIVING SPOUSES WHO REMARRY FOR BURIAL IN 
              NATIONAL CEMETERIES.

    (a) Eligibility.--Section 2402(5) of title 38, United States Code, 
is amended by striking ``(which for purposes of this chapter includes 
an unremarried surviving spouse who had a subsequent remarriage which 
was terminated 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. 8. PERMANENT AUTHORITY FOR STATE CEMETERY GRANTS.

    Paragraph (2) of section 2408(a) of title 38, United States Code, 
is amended--
            (1) by striking ``for fiscal year 1999 and for each 
        succeeding fiscal year through fiscal year 2004''; and
            (2) by adding at the end the following new sentence: 
        ``Funds appropriated under the preceding sentence shall remain 
        available until expended.''.

SEC. 9. REINSTATEMENT OF VETERANS VOCATIONAL TRAINING PROGRAM FOR 
              CERTAIN PENSION RECIPIENTS.

    (a) Establishment of New Program Period.--Subsection (a)(3) of 
section 1524 of title 38, United States Code, is amended by striking 
``the period beginning on February 1, 1985, and ending on December 31, 
1995'' and inserting ``the five-year period beginning on the date of 
the enactment of the Veterans Benefits Act of 2003''.
    (b) Conforming Amendment.--Subsection (b)(4) of such section is 
amended by striking ``December 31, 1995'' and inserting ``the end of 
the program period''.
    (c) Outreach.--Such section is further amended by adding at the end 
the following new subsection:
    ``(f) The Secretary shall ensure that the availability of 
vocational training under this section is made known through a variety 
of means, including the Internet and announcements in Department 
publications and other veterans' publications.''.
    (d) Reports.--Such section, as amended by subsection (c), is 
further amended by adding at the end the following new subsection:
    ``(g) Not later than two years after the date of the enactment of 
the Veterans Benefits Act of 2003, and each year thereafter, the 
Secretary shall submit to the Committees on Veterans' Affairs of the 
Senate and House of Representatives a report on the operation of this 
section. The report shall set forth an evaluation of the vocational 
training provided under this section for the period involved, and shall 
include an analysis of the cost-effectiveness of the vocational 
training provided under this section as well as data on the entered-
employment rate of veterans pursuing such vocational training.''.
    (e) Stylistic Amendments.--Such section is further amended--
            (1) by striking ``of Veterans Affairs'' in subsection 
        (a)(1); and
            (2) by striking ``of this section'' in subsections (a)(2), 
        (b)(1), (b)(4) (both places it appears), (c), (d), and (e).

SEC. 10. INCREASE IN AMOUNTS FOR CERTAIN ADAPTIVE BENEFITS FOR DISABLED 
              VETERANS.

    (a) Increase in Assistance Amount for Specially Adapted Housing.--
Section 2102 of title 38, United States Code, 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) of such title 
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. 11. PRESUMPTIONS OF SERVICE-CONNECTION RELATING TO DISEASES AND 
              DISABILITIES OF FORMER PRISONERS OF WAR.

    Subsection (b) of section 1112 of title 38, United States Code, 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) 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 
        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 
        determines that the veteran was 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.''.

SEC. 12. EXTENSION OF SPINA BIFIDA BENEFITS FOR CHILDREN OF VIETNAM-ERA 
              VETERANS.

    (a) Eligible Children.--Subchapter I of chapter 18 of title 38, 
United States Code, is amended by inserting before section 1802 the 
following new section:
``Sec. 1801. Persons eligible for benefits
    ``An individual is an eligible child for purposes of this 
subchapter if the individual is suffering from spina bifida and is--
            ``(1) a child as defined in section 1821(1) of this title; 
        or
            ``(2) the natural child, regardless of age or marital 
        status, of a parent who during the period beginning on October 
        1 1967, and ending on May 7 1975, performed active military, 
        naval, or air service in the Republic of Korea in the area 
        between the south line of the Demilitarized Zone and a line 
        five miles south of the Civilian Control Line established with 
        respect to the Demilitarized Zone, but only if the individual 
        was conceived after the parent performed such service.''.
    (b) Health Care.--Section 1803(a) of such title is amended by 
striking ``a child of a Vietnam veteran who is suffering from spina 
bifida'' and inserting ``an eligible child''.
    (c) Vocational Training and Rehabilitation.--Section 1804(a) of 
such title is amended by striking ``a child of a Vietnam veteran who is 
suffering from spina bifida'' and inserting ``an eligible child''.
    (d) Monetary Allowance.--Section 1805(a) of such title is amended 
by striking ``any child of a Vietnam veteran'' and inserting ``any 
eligible child''.
    (e) Conforming Amendments.--Chapter 18 of such title is amended as 
follows:
            (1) The heading of the chapter is amended to read as 
        follows:

``CHAPTER 18--DISABILITY BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND 
             OTHER VETERANS EXPOSED TO HERBICIDE AGENTS''.

            (2) The heading of subchapter I is amended to read as 
        follows:

           ``SUBCHAPTER I--CHILDREN BORN WITH SPINA BIFIDA''.

            (3) The table of sections at the beginning of the chapter 
        is amended--
                    (A) by striking the item relating to subchapter I 
                and inserting the following:
           ``subchapter i--children born with spina bifida'';
                and
                    (B) by inserting before the item relating to 
                section 1802 the following new item:

``1801. Persons eligible for benefits.''.
    (f) Tables of Chapters.--The items relating to chapter 18 in the 
tables of chapters at the beginning of title 38, United States Code, 
and at the beginning of part II of such title, are amended to read as 
follows:

``18. Disability Benefits for Children of Vietnam Veterans      1801''.
                            and Other Veterans Exposed to 
                            Herbicide Agents.

SEC. 13. PERMANENT AUTHORITY FOR HOUSING LOANS FOR MEMBERS OF THE 
              SELECTED RESERVE.

    Section 3702(a)(2)(E) of title 38, United States Code, is amended 
by striking ``For the period'' and all that follows through ``each'' 
and inserting ``Each''.

SEC. 14. ADJUSTMENT TO HOME LOAN FEES AND UNIFORMITY OF FEES FOR 
              QUALIFYING RESERVE MEMBERS WITH FEES FOR ACTIVE DUTY 
              VETERANS.

    (a) Revised Load Fee Table.--Paragraph (2) of section 3729(b) of 
title 38, United States Code, 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                   Veteran        Other obligor
------------------------------------------------------------------------
(A)(i) Initial loan described in                 2.00                NA
 section 3710(a) to purchase or
 construct a dwelling with 0-down,
 or any other initial loan described
 in section 3710(a) other than with
 5-down or 10-down (closed before
 October 1, 2003)...................
------------------------------------------------------------------------
(A)(ii) Initial loan described in                2.15                NA
 section 3710(a) to purchase or
 construct a dwelling with 0-down,
 or any other initial loan described
 in section 3710(a) other than with
 5-down or 10-down (closed on or
 after October 1, 2003, and before
 October 1, 2011)...................
------------------------------------------------------------------------
(A)(iii) Initial loan described in               1.40                NA
 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).............
------------------------------------------------------------------------
(B)(i) Subsequent loan described in              3.30                NA
 section 3710(a) to purchase or
 construct a dwelling with 0-down,
 or any other subsequent loan
 described in section 3710(a)
 (closed before October 1, 2011)....
------------------------------------------------------------------------
(B)(ii) Subsequent loan described in             2.15                NA
 section 3710(a) to purchase or
 construct a dwelling with 0-down,
 or any other subsequent loan
 described in section 3710(a)
 (closed on or after October 1, 2011
 and before October 1, 2013)........
------------------------------------------------------------------------
(B)(iii) Subsequent loan described               1.25                NA
 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)..............................
------------------------------------------------------------------------
(C)(i) Loan described in section                 1.50                NA
 3710(a) to purchase or construct a
 dwelling with 5-down (closed before
 October 1, 2011)...................
------------------------------------------------------------------------
(C)(ii) Loan described in section                0.75                NA
 3710(a) to purchase or construct a
 dwelling with 5-down (closed on or
 after October 1, 2011).............
------------------------------------------------------------------------
(D)(i) Initial loan described in                 1.25                NA
 section 3710(a) to purchase or
 construct a dwelling with 10-down
 (closed before October 1, 2011)....
------------------------------------------------------------------------
(D)(ii) Initial loan described in                0.50                NA
 section 3710(a) to purchase or
 construct a dwelling with 10-down
 (closed on or after October 1,
 2011)..............................
------------------------------------------------------------------------
(E) Interest rate reduction                      0.50                NA
 refinancing loan...................
------------------------------------------------------------------------
(F) Direct loan under section 3711..             1.00                NA
------------------------------------------------------------------------
(G) Manufactured home loan under                 1.00                NA
 section 3712 (other than an
 interest rate reduction refinancing
 loan)..............................
------------------------------------------------------------------------
(H) Loan to Native American veteran              1.25                NA
 under section 3762 (other than an
 interest rate reduction refinancing
 loan)..............................
------------------------------------------------------------------------
(I) Loan assumption under section                0.50              0.50
 3714...............................
------------------------------------------------------------------------
(J) Loan under section 3733(a)......             2.25              2.25
------------------------------------------------------------------------
(K) Hybrid loan under section 3707A.             1.25             NA''.
------------------------------------------------------------------------


    (b) Conforming Amendments.--(1) Subparagraph (A) of paragraph (4) 
of such section is amended to read as follows:
            ``(A) The term `veteran' means any veteran eligible for the 
        benefits of this chapter.''.
    (2) Such paragraph is further amended by striking subparagraph (B) 
and redesignating subparagraphs (C), (D), (E), (F), (G), (H), and (I) 
as subparagraphs (B), (C), (D), (E), (F), (G), and (H), respectively.

SEC. 15. REINSTATEMENT OF MINIMUM REQUIREMENTS FOR SALE OF VENDEE 
              LOANS.

    (a) Reinstatement.--Subsection (a) of section 3733 of title 38, 
United States Code, is amended by striking paragraph (2).
    (b) Increase in Maximum Percentage.--Paragraph (1) of such 
subsection is amended--
            (1) by striking ``65 percent'' in the first sentence and 
        inserting ``85 percent'';
            (2) by striking ``may be financed'' and inserting ``shall 
        be financed''; and
            (3) by striking the second sentence.
    (c) 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. 16. RATE OF PAYMENT OF BENEFITS FOR CERTAIN FILIPINO VETERANS AND 
              THEIR SURVIVORS RESIDING IN THE UNITED STATES.

    (a) Rate of Payment.--Section 107 of title 38, United States Code, 
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. 17. BURIAL BENEFITS FOR NEW PHILIPPINE SCOUTS RESIDING IN THE 
              UNITED STATES.

    (a) Benefit Eligibility.--Section 107 of title 38, United States 
Code, as amended by section 16, is further 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))'';
            (2) in the second sentence of subsection (b), as amended by 
        section 16(a)(1), 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) of such title is 
amended by striking ``section 107(a)'' and inserting ``subsection (a) 
or (b) of section 107''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply with respect to deaths occurring after the date of the 
enactment of this Act.

SEC. 18. EXTENSION OF AUTHORITY TO MAINTAIN REGIONAL OFFICE IN THE 
              REPUBLIC OF THE PHILIPPINES.

    Section 315(b) of title 38, United States Code, is amended by 
striking ``December 31, 2003'' and inserting ``December 31, 2009''.

SEC. 19. OUTSTATIONING OF TRANSITION ASSISTANCE PROGRAM PERSONNEL.

    (a) In General.--(1) Chapter 41 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 4113. Outstationing of Transition Assistance Program personnel
    ``(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 military 
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 such section 1144, 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 the date that is 
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.

SEC. 20. FORFEITURE OF BENEFITS FOR SUBVERSIVE ACTIVITIES.

    (a) Addition of Certain Offenses.--Paragraph (2) of section 6105(b) 
of title 38, United States Code, 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. 21. TECHNICAL AMENDMENTS RELATED TO JOBS FOR VETERANS ACT.

    (a) Job Training and Placement Functions of the Department of 
Labor.--(1) Subsection (c)(2)(B)(ii) of section 4102A of such title is 
amended by striking ``October 1, 2002'' and inserting ``October 1, 
2003''.
    (2) The amendment made by paragraph (1) 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).
     (b) Other Technical Amendments.--(1) Such subsection is further 
amended by striking ``, as amended by the Jobs for Veterans Act''.
    (2) Subsection (f)(1) of such section is amended by striking ``6 
months after the date of the enactment of this section,'' and inserting 
``May 7, 2003,''.

SEC. 22. TECHNICAL AND CONFORMING RELATING TO ESTABLISHMENT OF SOCIAL 
              SECURITY ADMINISTRATION AS AN INDEPENDENT AGENCY.

    Title 38, United States Code, is amended as follows:
            (1) Section 1322 is amended--
                    (A) in subsection (a), by striking ``Secretary of 
                Health and Human Services'' and all that follows 
                through the period and inserting ``Commissioner of 
                Social Security, and shall be certified by the 
                Commissioner to the Secretary upon request of the 
                Secretary.''; and
                    (B) in subsection (b)--
                            (i) by striking ``Secretary of Health and 
                        Human Services'' 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 Services'' 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 Security''.
            (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 Administration''; and
                    (ii) in subsection (b)--
                            (I) by striking ``Department of Health and 
                        Human Services'' and inserting ``Social 
                        Security Administration'';
                            (II) by striking ``Secretary of Health and 
                        Human Services'' the first place it appears and 
                        inserting ``Commissioner of Social Security'';
                            (III) by striking ``Secretary of Health and 
                        Human Services'' the second place it appears 
                        and inserting ``Commissioner''; 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:
``Sec. 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.''.
            Amend the title so as to read: ``A bill to amend title 38, 
        United States Code, to improve benefits under laws administered 
        by the Secretary of Veterans Affairs, and for other 
        purposes.''.




                                                 Union Calendar No. 117

108th CONGRESS

  1st Session

                               H. R. 2297

                          [Report No. 108-211]

_______________________________________________________________________

                                 A BILL

 To amend title 38, United States Code, to modify and improve certain 
             benefits for veterans, and for other purposes.

_______________________________________________________________________

                             July 15, 2003

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed