[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1132 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                S. 1132

_______________________________________________________________________

                                 AN ACT


 
 To amend title 38, United States Code, to improve and enhance certain 
      benefits for survivors of 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 
Enhancements 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. Benefits for children with spina bifida of veterans of 
                            certain service in Korea.
Sec. 102. Alternative beneficiaries for National Service Life Insurance 
                            and United States Government Life 
                            Insurance.
Sec. 103. Applicability to certain members of the National Guard of 
                            authority for extension of eligibility for 
                            survivors' and dependents' educational 
                            assistance.
Sec. 104. Increase in rates of survivors' and dependents' educational 
                            assistance.
Sec. 105. Repeal of two-year limitation on payment of accrued benefits 
                            at death.
                       TITLE II--BURIAL BENEFITS

Sec. 201. Burial plot allowance.
Sec. 202. Eligibility of surviving spouses who remarry for burial in 
                            national cemeteries.
Sec. 203. Permanent authority for State cemetery grants program.
Sec. 204. Provision of markers for privately marked graves.
                        TITLE III--OTHER MATTERS

               Subtitle A--Miscellaneous Benefits Matters

Sec. 301. Two-year extension of round-down requirement for compensation 
                            cost-of-living adjustments.
Sec. 302. Presumptions of service-connection relating to diseases and 
                            disabilities of former prisoners of war.
Sec. 303. Repeal of requirement for minimum period of internment of 
                            prisoners of war for dental care.
Sec. 304. Rounding down of certain cost-of-living adjustments on 
                            education assistance.
Sec. 305. Termination of education loan program.
Sec. 306. Termination of authority to guarantee loans to purchase 
                            manufactured homes and lots.
Sec. 307. Increase in loan fee for subsequent loans closed before 
                            October 1, 2011.
Sec. 308. Reinstatement of minimum requirements for sale of vendee 
                            loans.
Sec. 309. Operation of Native American Veteran Housing Loan Program.
Sec. 310. Time limitations on receipt of claim information pursuant to 
                            requests of Department of Veterans Affairs.
Sec. 311. Clarification of applicability of prohibition on assignment 
                            of veterans benefits to agreements 
                            requiring payment of future receipt of 
                            benefits.
Sec. 312. Three-year extension of income verification authority.
Sec. 313. Forfeiture of benefits for subversive activities.
Sec. 314. Clarification of notice of disagreement for appellate review 
                            of Department of Veterans Affairs 
                            activities.
              Subtitle B--Benefits for Philippine Veterans

Sec. 321. Rate of payment of benefits for certain Filipino veterans and 
                            their survivors residing in the United 
                            States.
Sec. 322. Burial benefits for new Philippine Scouts residing in the 
                            United States.
Sec. 323. Extension of authority to operate regional office in the 
                            Philippines.
              Subtitle C--Exposure to Hazardous Substances

Sec. 331. Radiation Dose Reconstruction Program of Department of 
                            Defense.
Sec. 332. Study on disposition of Air Force Health Study.
Sec. 333. 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.
                       Subtitle D--Other Matters

Sec. 341. Four-year extension of Advisory Committee on Minority 
                            Veterans.
Sec. 342. Veterans' Advisory Committee on Education.
Sec. 343. Temporary authority for performance of medical disabilities 
                            examinations by contract physicians.
Sec. 344. Technical amendment.

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. 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 
        subchapter III:

``SUBCHAPTER III--CHILDREN OF CERTAIN KOREA SERVICE VETERANS BORN WITH 
                              SPINA BIFIDA

``Sec. 1821. Benefits for children of certain Korea service veterans 
              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 rehabilitation, and 
monetary allowance required to be paid to a child of a Vietnam veteran 
who is suffering from spina bifida under subchapter 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 individual, 
without regard to the characterization of that individual's service, 
who--
            ``(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 January 1, 1967, and ending on 
        December 31, 1969; 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 consultation with 
the Secretary of Defense, during the period beginning on January 1, 
1967, and ending on December 31, 1969.''.
    (b) Child Defined.--Section 1831, as redesignated by subsection (a) 
of this section, is further 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.--Section 1834(a), as redesignated 
by subsection (a) of this section, is further 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 subchapter 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 inserting the following new items:

``SUBCHAPTER III--CHILDREN OF CERTAIN KOREA SERVICE VETERANS BORN WITH 
                              SPINA BIFIDA

``1821. Benefits for children of certain Korea service veterans born 
                            with spina bifida.
                  ``SUBCHAPTER IV--GENERAL PROVISIONS

``1831. Definitions.
``1832. Applicability of certain administrative provisions.
``1833. Treatment of receipt of monetary allowance and other benefits.
``1834. Nonduplication of benefits.''.
    (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 following 
new item:

``18. Chapter 18--Benefits for Children of Vietnam Veterans     1802''.
                            and Certain Other Veterans.

SEC. 102. 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 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. 103. APPLICABILITY TO CERTAIN MEMBERS OF THE NATIONAL GUARD OF 
              AUTHORITY FOR EXTENSION OF ELIGIBILITY FOR SURVIVORS' AND 
              DEPENDENTS' EDUCATIONAL ASSISTANCE.

    (a) In General.--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. 104. INCREASE IN RATES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL 
              ASSISTANCE.

    (a) Survivors' and Dependents' Educational Assistance.--Section 
3532 is amended--
            (1) in subsection (a)--
                    (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 beginning on or after that 
date.

SEC. 105. REPEAL OF TWO-YEAR LIMITATION ON PAYMENT OF ACCRUED BENEFITS 
              AT DEATH.

    (a) Repeal.--Section 5121(a) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``for a period not to exceed two years'';
            (2) in paragraph (4), by striking ``and'' at the end;
            (3) by redesignating paragraph (5) as paragraph (6); and
            (4) by inserting after paragraph (4) the following new 
        paragraph (5):
            ``(5) Upon the death of a child claiming benefits under 
        chapter 18 of this title, to the surviving parents; and''.
    (b) Technical Amendment.--That section is further amended in the 
matter preceding paragraph (1) by striking ``or decisions,'' and 
inserting ``or decisions''.

                       TITLE II--BURIAL BENEFITS

SEC. 201. 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 
        subsection, 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 
        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 aggravated 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. 202. ELIGIBILITY OF SURVIVING SPOUSES WHO REMARRY FOR BURIAL IN 
              NATIONAL CEMETERIES.

    (a) In General.--Section 2402(5) 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 the date of the 
enactment of this Act.

SEC. 203. 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''.

SEC. 204. PROVISION OF MARKERS FOR PRIVATELY MARKED GRAVES.

    (a) In General.--Section 502(d) of the Veterans Education and 
Benefits Expansion Act of 2001 (Public Law 107-103; 38 U.S.C. 2306 
note) is amended by striking ``September 11, 2001'' and inserting 
``November 1, 1990''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of section 502 of the 
Veterans Education and Benefits Expansion Act of 2001.

                        TITLE III--OTHER MATTERS

               Subtitle A--Miscellaneous Benefits Matters

SEC. 301. 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. 302. PRESUMPTIONS OF SERVICE-CONNECTION RELATING TO DISEASES 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 
        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 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.''.

SEC. 303. REPEAL OF REQUIREMENT FOR MINIMUM PERIOD OF INTERNMENT OF 
              PRISONERS OF WAR FOR DENTAL CARE.

    Section 1712(a)(1)(F) is amended by striking ``and who was detained 
or interned for a period of not less than 90 days''.

SEC. 304. ROUNDING DOWN OF CERTAIN COST-OF-LIVING ADJUSTMENTS ON 
              EDUCATION ASSISTANCE.

    (a) Basic Educational Assistance Under Montgomery GI Bill.--Section 
3015(h) is amended by inserting ``down'' after ``rounded''.
    (b) Survivors' and Dependents' Educational Assistance.--Section 
3564 is amended by inserting ``down'' after ``rounded''.

SEC. 305. TERMINATION OF EDUCATION LOAN PROGRAM.

    (a) Termination of Education Loan Program.--No loans shall be made 
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 
        outstanding 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 outstanding 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 Assistance for 
Education Loan Program.--Section 3462(a) is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraph (4) as 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 subchapter III)''.
    (2) Section 3512 is amended by striking subsection (f).
    (g) Clerical Amendment.--The table of sections at the beginning of 
chapter 36 is amended by striking the items relating to subchapter III.
    (h) Effective Dates.--(1) The amendments made by subsection (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. 306. TERMINATION OF AUTHORITY TO GUARANTEE LOANS TO PURCHASE 
              MANUFACTURED HOMES AND LOTS.

    Section 3712 is amended by adding at the end the following new 
subsection:
    ``(m) The authority of the Secretary to guarantee loans under this 
section shall expire on December 31, 2003.''.

SEC. 307. INCREASE IN LOAN FEE FOR SUBSEQUENT LOANS CLOSED BEFORE 
              OCTOBER 1, 2011.

    (a) Increase in Loan Fee.--The loan fee table in section 3729(b)(2) 
is amended in subparagraph (B)(i), relating to subsequent loans 
described in section 3701(a) of title 38, United States Code, to 
purchase or construct a dwelling with 0-down, or any other subsequent 
loan described in such section (closed on or before October 1, 2011), 
by striking ``3.00'' both places it appears and inserting ``3.50''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 2004.

SEC. 308. REINSTATEMENT OF MINIMUM REQUIREMENTS FOR SALE OF VENDEE 
              LOANS.

    (a) In General.--Section 3733(a) is amended--
            (1) by striking paragraph (2) and redesignating paragraphs 
        (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5), 
        respectively; and
            (2) in subparagraph (B)(i) of paragraph (3), as so 
        redesignated, by striking ``paragraph (5) of this subsection'' 
        and inserting ``paragraph (4)''.
    (b) Increase in Maximum Percentage.--Section 3733(a)(1) is 
amended--
            (1) by striking ``65 percent'' in the first sentence and 
        inserting ``85 percent''; and
            (2) by striking the second sentence.
    (c) Stylistic Amendments.--Section 3733 is further amended by 
striking ``paragraph (1) of this subsection'' each place it appears and 
inserting ``paragraph (1)''.

SEC. 309. OPERATION OF NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM.

    (a) Restoration for Fiscal Year 2003 to Fiscal Year 2002 Level.--In 
carrying out the pilot program provided by subchapter V of chapter 37 
of title 38, United States Code, under which the Secretary of Veterans 
Affairs is authorized to make direct housing loans to Native American 
veterans, the Secretary shall during fiscal year 2003 carry out that 
program without regard to the proviso under the heading ``Native 
American Veteran Housing Loan Program Account'' in title I of the 
Departments of Veterans Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 2003 (division K of Public Law 
108-7; 117 Stat. 476), and such proviso shall be treated as being of no 
force or effect.
    (b) Savings Provision.--Any action taken by the Secretary of 
Veterans Affairs before the enactment of this Act that is inconsistent 
with the proviso referred to in subsection (a) is hereby ratified with 
respect to such inconsistency.

SEC. 310. TIME LIMITATIONS ON RECEIPT OF CLAIM INFORMATION PURSUANT TO 
              REQUESTS OF DEPARTMENT OF VETERANS 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 of such notification, no benefit may be 
paid or furnished by reason of the claimant's application.
    ``(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 by adding at the end the following 
new paragraph:
    ``(3) The limitation in paragraph (1) shall not be construed to 
prohibit the Secretary from making a decision on a claim before the 
expiration 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).

SEC. 311. CLARIFICATION OF APPLICABILITY OF PROHIBITION ON ASSIGNMENT 
              OF VETERANS BENEFITS TO AGREEMENTS REQUIRING PAYMENT OF 
              FUTURE RECEIPT OF BENEFITS.

    (a) In General.--Section 5301(a) is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by designating the last sentence as paragraph (2) and 
        indenting such paragraph, as so designated, two ems from the 
        left margin; and
            (3) by adding at the end the following new paragraph:
    ``(3)(A) This subsection is intended to clarify that, in any case 
where a beneficiary entitled to compensation, pension, or dependency 
and indemnity compensation enters into an agreement with another person 
under which agreement such other person acquires for consideration the 
right to receive payment of such compensation, pension, or dependency 
and indemnity compensation, as the case may be, whether by payment from 
the beneficiary to such other person, deposit into an 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 subsection 
is intended to prohibit a loan to a beneficiary under the terms of 
which the beneficiary may use some of the benefits to repay the loan, 
so long as each of the periodic payments made to repay the loan is 
separately and voluntarily executed by the beneficiary at the time such 
periodic payment is made.
    ``(C) Any agreement or arrangement for collateral for security for 
an agreement that is prohibited under subparagraph (A) is also 
prohibited and is void ab initio.''.
    (b) Effective Date.--Paragraph (3) of section 5301(a) of title 38, 
United States Code (as added by subsection (a) of this section), shall 
apply with respect to any agreement or arrangement described in that 
paragraph that is entered into on or after the date of the enactment of 
this Act.

SEC. 312. THREE-YEAR EXTENSION OF INCOME VERIFICATION AUTHORITY.

    (a) In General.--Section 5317(g) is amended by striking ``September 
30, 2008'' and inserting ``September 30, 2011''.
    (b) Conforming Amendment.--Section 6103(l)(7)(D) of the Internal 
Revenue Code of 1986 is amended by striking ``September 30, 2008'' and 
inserting ``September 30, 2011''.

SEC. 313. FORFEITURE OF BENEFITS FOR SUBVERSIVE ACTIVITIES.

    (a) Addition of Certain Offenses.--Section 6105(b)(2) is amended by 
striking ``sections 792, 793, 794, 798, 2381, 2382, 2383, 2384, 2385, 
2387, 2388, 2389, 2390, and chapter 105 of title 18'' and inserting 
``sections 175, 229, 792, 793, 794, 798, 831, 1091, 2332a, 2332b, 2381, 
2382, 2383, 2384, 2385, 2387, 2388, 2389, 2390, and chapter 105 of 
title 18''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to claims filed after the date of the enactment of this Act.

SEC. 314. CLARIFICATION OF NOTICE OF DISAGREEMENT FOR APPELLATE REVIEW 
              OF DEPARTMENT OF VETERANS AFFAIRS ACTIVITIES.

    (a) Clarification.--Section 7105(b) is amended by adding at the end 
the following new paragraph:
    ``(3) A document that meets the requirements of the second sentence 
of paragraph (1) and the first sentence of paragraph (2) shall be 
recognized as a notice of disagreement for purposes of this section 
unless the Secretary finds that the claimant has disavowed a desire for 
appellate review.''.
    (b) Effective Date.--(1) Except as specifically provided otherwise, 
paragraph (3) of section 7105(b) of title 38, United States Code (as 
added by subsection (a) of this section), shall apply to any document--
            (A) filed under section 7105 of such title on or after the 
        date of the enactment of this Act; or
            (B) filed under section 7105 of such title before the date 
        of the enactment of this Act and not treated by the Secretary 
        of Veterans Affairs as a notice of disagreement pursuant to 
        section 20.201 of title 38, Code of Federal Regulations, as of 
        that date.
    (2) In the case of a document described in paragraph (3) of this 
subsection, the Secretary shall, upon the request of the claimant or 
the Secretary's own motion, order the document treated as a notice of 
disagreement under section 7105 of such title as if the document had 
not been rejected by the Secretary as a notice of disagreement pursuant 
to section 20.201 of title 38, Code of Federal Regulations.
    (3) A document described in this paragraph is a document that--
            (A) was filed as a notice of disagreement under section 
        7105 of such title during the period beginning on March 15, 
        2002, and ending on the date of the enactment of this Act; and
            (B) was rejected by the Secretary as a notice of 
        disagreement pursuant to section 20.201 of title 38, Code of 
        Federal Regulations.
    (4) A document may not be treated as a notice of disagreement under 
paragraph (2) unless a request for such treatment is filed by the 
claimant, or a motion is made by the Secretary, not later than one year 
after the date of the enactment of this Act.

              Subtitle B--Benefits for Philippine Veterans

SEC. 321. 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 
take effect on the date of the enactment of this Act and shall apply to 
benefits paid for months beginning after that date.

SEC. 322. BURIAL BENEFITS FOR NEW PHILIPPINE SCOUTS RESIDING IN THE 
              UNITED STATES.

    (a) Benefit Eligibility.--Section 107 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))'';
            (2) in the second sentence of subsection (b), as amended by 
        section 321 of this Act, by inserting ``or (d)'' after 
        ``subsection (c)'';
            (3) in subsection (d)(1), by inserting ``or (b), as 
        applicable,'' after ``subsection (a)''; and
            (4) in section (d)(2), by inserting ``or whose service is 
        described in subsection (b) and who dies after the date of 
        enactment of the Veterans' Benefits Enhancements Act of 2003,'' 
        after ``November 1, 2000,''.
    (b) National Cemetery Interment.--Section 2402(8) is amended by 
inserting ``or (b)'' after ``section 107(a)''.
    (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. 323. EXTENSION OF AUTHORITY TO OPERATE REGIONAL OFFICE IN THE 
              PHILIPPINES.

    Section 315(b) is amended by striking ``December 31, 2003'' and 
inserting ``December 31, 2008''.

              Subtitle C--Exposure to Hazardous Substances

SEC. 331. RADIATION DOSE RECONSTRUCTION PROGRAM OF DEPARTMENT 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 Secretaries 
shall--
            (A) determine whether any additional actions are required 
        to ensure that the quality assurance and quality control 
        mechanisms of the Radiation Dose Reconstruction Program are 
        adequate 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 mechanisms to 
        permit veterans to review the assumptions utilized in their 
        dose reconstructions.
    (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 subsection (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 
        Program 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. 332. STUDY ON DISPOSITION OF AIR FORCE HEALTH STUDY.

    (a) In General.--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 epidemiologic 
study of Air Force personnel who were responsible for conducting aerial 
spray missions of herbicides during the Vietnam era.
    (b) Study Through National Academy of Sciences.--Not later than 
sixty 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 
        laboratory 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 60 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 scientific 
organization, considers appropriate as a result of the study.

SEC. 333. 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 by Department of Veterans Affairs.--(1) The Secretary 
of Veterans Affairs shall make available to the National Academy of 
Sciences in each of fiscal years 2004 through 2013, $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 available for the 
Department of Veterans Affairs for that fiscal year.
    (b) Funding by Department of Defense.--(1) The Secretary of Defense 
shall make available to the National Academy of Sciences in each of 
fiscal years 2004 through 2013, $250,000 for the Medical Follow-Up 
Agency for purposes of epidemiological research on members of the Armed 
Forces and veterans.
    (2) 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.
    (c) Use of Funds.--The Medical Follow-Up Agency shall use funds 
made available under subsections (a) and (b) for epidemiological 
research on members of the Armed Forces and veterans.
    (d) 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 (c) are in addition to any other amounts made 
available to the Agency for that fiscal year for those purposes.

                       Subtitle D--Other Matters

SEC. 341. FOUR-YEAR EXTENSION OF ADVISORY COMMITTEE ON MINORITY 
              VETERANS.

    Section 544(e) is amended by striking ``December 31, 2003'' and 
inserting ``December 31, 2007''.

SEC. 342. VETERANS' ADVISORY COMMITTEE 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''.
    (b) Extension.--Subsection (c) of that section is amended by 
striking ``December 31, 2003'' and inserting ``December 31, 2013''.
    (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. 343. TEMPORARY AUTHORITY FOR PERFORMANCE OF MEDICAL DISABILITIES 
              EXAMINATIONS BY CONTRACT PHYSICIANS.

    (a) In General.--Notwithstanding the limitation in section 504(b) 
the Veterans' Benefits Improvements Act of 1996 (Public Law 104-275; 
110 Stat. 3341; 38 U.S.C. 5101 note) and using funds subject to 
appropriation (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.
    (b) Performance by Contract.--Examinations under the authority 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 in that subsection after that date.
    (d) Report.--Not later than four years after the date of enactment 
of this Act, the Secretary shall submit to Congress a report on the 
utilization of the authority in subsection (a), including 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. 344. TECHNICAL AMENDMENT.

    Section 1974(a)(5) is amended by striking ``Secretary of 
Transportation'' and inserting ``Secretary of Homeland Security''.

            Passed the Senate October 31, 2003.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                                S. 1132

_______________________________________________________________________

                                 AN ACT

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