[Congressional Record Volume 148, Number 124 (Thursday, September 26, 2002)]
[Senate]
[Pages S9550-S9559]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               VETERANS BENEFITS IMPROVEMENT ACT OF 2002

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 542, S. 2237.
  The ACTING PRESIDENT pro tempore. The clerk will report the bill by 
title.
  The legislative clerk read as follows:

       A bill (S. 2237) to amend title 38, United States Code, to 
     enhance compensation for veterans with hearing loss, and for 
     other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Veterans' Affairs, with 
an amendment to strike all after the enacting clause and insert in lieu 
thereof the following:
  [Matter to be stricken is shown in black brackets. Matter to be added 
is shown in italic.]

                                S. 2239

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     [SECTION 1. SHORT TITLE.

       [This Act may be cited as the ``Veterans Hearing Loss 
     Compensation Act of 2002''.

[[Page S9551]]

     [SEC. 2. COMPENSATION FOR HEARING LOSS IN PAIRED ORGANS.

       [(a) Hearing Loss Required for Compensation.--Section 
     1160(a)(3) of title 38, United States Code, is amended by 
     striking ``total'' both places it appears.
       [(b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to months that begin on or after 
     that date.

     [SEC. 3. AUTHORITY FOR PRESUMPTION OF SERVICE-CONNECTION FOR 
                   HEARING LOSS ASSOCIATED WITH PARTICULAR 
                   MILITARY OCCUPATIONAL SPECIALTIES.

       [(a) In General.--(1) Subchapter II of chapter 11 of title 
     38, United States Code, is amended by adding at the end the 
     following new section:

     [``Sec. 1119. Presumption of service connection for hearing 
       loss associated with particular military occupational 
       specialties

       [``(a) For purposes of section 1110 of this title, and 
     subject to section 1113 of this title, hearing loss, 
     tinnitus, or both of a veteran who while on active military, 
     naval, or air service was assigned to a military occupational 
     specialty or equivalent described in subsection (b) shall be 
     considered to have been incurred in or aggravated by such 
     service, notwithstanding that there is no record of evidence 
     of such hearing loss or tinnitus, as the case may be, during 
     the period of such service.
       [``(b) A military occupational specialty or equivalent 
     referred to in subsection (a) is a military occupational 
     specialty or equivalent, if any, that the Secretary 
     determines in regulations prescribed under this section in 
     which individuals assigned to such military occupational 
     specialty or equivalent in the active military, naval, or air 
     service are or were likely to be exposed to a sufficiently 
     high level of acoustic trauma as to result in permanent 
     hearing loss, tinnitus, or both.
       [``(c) In making determinations for purposes of subsection 
     (b), the Secretary shall take into account the report 
     submitted to the Secretary by the National Academy of 
     Sciences under section 3(c) of the Veterans Hearing Loss 
     Compensation Act of 2002.
       [``(d)(1) Not later than 60 days after the date on which 
     the Secretary receives the report referred to in subsection 
     (c), the Secretary shall determine whether or not a 
     presumption of service connection for hearing loss, tinnitus, 
     or both is warranted for the hearing loss, tinnitus, or both, 
     as the case may be, of individuals assigned to each military 
     occupational specialty or equivalent identified by the 
     National Academy of Sciences in such report as a military 
     occupational specialty or equivalent in which individuals are 
     or were likely to be exposed to a sufficiently high level of 
     acoustic trauma as to result in permanent hearing loss, 
     tinnitus, or both to a degree which would be compensable as a 
     service-connected disability under the laws administered by 
     the Secretary.
       [``(2) If the Secretary determines under paragraph (1) that 
     a presumption of service connection is warranted with respect 
     to any military occupational specialty or equivalent 
     described in that paragraph and hearing loss, tinnitus, or 
     both, the Secretary shall, not later than 60 days after the 
     date of the determination, issue proposed regulations setting 
     forth the Secretary's determination.
       [``(3) If the Secretary determines under paragraph (1) that 
     a presumption of service connection is not warranted with 
     respect to any military occupational specialty or equivalent 
     described in that paragraph and hearing loss, tinnitus, or 
     both, the Secretary shall, not later than 60 days after the 
     date of the determination--
       [``(A) publish the determination in the Federal Register; 
     and
       [``(B) submit to the Committees on Veterans' Affairs of the 
     Senate and the House of Representatives a report on the 
     determination, including a justification for the 
     determination.
       [``(e) Any regulations issued under subsection (d)(2) shall 
     take effect on the date provided for in such regulations. No 
     benefit may be paid under this section for any month that 
     begins before that date.''.
       [(2) The table of sections at the beginning of chapter 11 
     of that title is amended by inserting after the item relating 
     to section 1118 the following new item:

[``1119. Presumption of service connection for hearing loss associated 
              with particular military occupational specialties.''.

       [(b) Presumption Rebuttable.--Section 1113 of title 38, 
     United States Code, is amended by striking ``or 1118'' each 
     place it appears and inserting ``1118, or 1119''.
       [(c) Assessment of Acoustic Trauma Associated With Various 
     Military Occupational Specialties.--(1) The Secretary of 
     Veterans Affairs shall seek to enter into an agreement with 
     the National Academy of Sciences, or another appropriate 
     scientific organization, for the Academy to perform the 
     activities specified in this subsection. The Secretary shall 
     seek to enter into the agreement not later than 60 days after 
     the date of the enactment of this Act.
       [(2) Under the agreement under paragraph (1), the National 
     Academy of Sciences shall--
       [(A) review and assess available data on occupational 
     hearing loss;
       [(B) from such data, identify the forms of acoustic trauma 
     that, if experienced by individuals in the active military, 
     naval, or air service, could cause or contribute to hearing 
     loss, hearing threshold shift, or tinnitus in such 
     individuals;
       [(C) in the case of each form of acoustic trauma identified 
     under subparagraph (B)--
       [(i) determine how much exposure to such form or acoustic 
     trauma is required to cause or contribute to hearing loss, 
     hearing threshold shift, or tinnitus, as the case may be, and 
     at what noise level; and
       [(ii) determine whether or not such hearing loss, hearing 
     threshold shift, or tinnitus, as the case may be, is--
       [(I) immediate or delayed onset;
       [(II) cumulative;
       [(III) progressive; or
       [(IV) any combination of subclauses (I) through (III);
       [(D) review and assess the completeness and accuracy of 
     data of the Department of Veterans Affairs and the Department 
     of Defense on hearing threshold shift in individuals who were 
     discharged or released from service in the Armed Forces 
     during the period beginning on December 7, 1941, and ending 
     on the date of the enactment of this Act upon their discharge 
     or release from such service; and
       [(E) identify each military occupational specialty or 
     equivalent, if any, in which individuals assigned to such 
     military occupational specialty or equivalent in the active 
     military, naval, or air service are or were likely to be 
     exposed to a sufficiently high level of acoustic trauma as to 
     result in permanent hearing loss, tinnitus, or both to a 
     degree which would be compensable as a service-connected 
     disability under the laws administered by the Secretary of 
     Veterans Affairs.
       [(3) Not later than 180 days after the date of the entry 
     into the agreement referred to in paragraph (1), 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 subparagraphs (A) through (F) of paragraph (2).
       [(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 claims submitted to the Secretary in 
     each of 1999, 2000, and 2001 for disability compensation for 
     hearing loss, tinnitus, or both.
       [(B) Of the claims referred to in subparagraph (A)--
       [(i) the number of claims for which disability compensation 
     was awarded, set forth by year;
       [(ii) the number of claims assigned each disability rating; 
     and
       [(iii) the total amount of disability compensation paid on 
     such claims during such years.
       [(C) The total cost to the Department 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 facilities care in each 
     of 1999, 2000, and 2001 for hearing-related disorders, set 
     forth by--
       [(i) the number of veterans per year; and
       [(ii) the military occupational specialties or equivalents 
     of such veterans during their active military, naval, or air 
     service.
       [(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.]

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Veterans 
     Benefits Improvement 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 PENSION MATTERS

Sec. 101. Clarification of entitlement to wartime disability 
              compensation for women veterans who have service-
              connected mastectomies.
Sec. 102. Compensation for hearing loss in paired organs.
Sec. 103. Authority for presumption of service connection for hearing 
              loss associated with particular military occupational 
              specialties.
Sec. 104. Modification of authorities on Medal of Honor Roll special 
              pension.
Sec. 105. Applicability of prohibition on assignment of veterans 
              benefits to agreements on future receipt of certain 
              benefits.
Sec. 106. Extension of income verification authority.

                      TITLE II--EDUCATION MATTERS

Sec. 201. Three-year increase in aggregate annual amount available for 
              State approving agencies for administrative expenses.
Sec. 202. Clarifying improvement of various education authorities.

                       TITLE III--HOUSING MATTERS

Sec. 301. Authority to guarantee adjustable rate mortgages and hybrid 
              adjustable rate mortgages.

[[Page S9552]]

                    TITLE IV--OTHER BENEFITS MATTERS

Sec. 401. Treatment of duty of National Guard mobilized by States for 
              homeland security activities as military service under 
              Soldiers' and Sailors' Civil Relief Act of 1940.
Sec. 402. Prohibition on certain additional benefits for persons 
              committing capital crimes.
Sec. 403. Procedures for disqualification of persons committing capital 
              crimes for interment or memorialization in national 
              cemeteries.

       TITLE V--JUDICIAL, PROCEDURAL, AND ADMINISTRATIVE MATTERS

Sec. 501. Standard for reversal by Court of Appeals for Veterans Claims 
              of erroneous finding of fact by Board of Veterans' 
              Appeals.
Sec. 502. Review by Court of Appeals for the Federal Circuit of 
              decisions of law of Court of Appeals for Veterans Claims.
Sec. 503. Authority of Court of Appeals for Veterans Claims to award 
              fees under Equal Access to Justice Act for non-attorney 
              practitioners.
Sec. 504. Retroactive applicability of modifications of authority and 
              requirements to assist claimants.

     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 PENSION MATTERS

     SEC. 101. CLARIFICATION OF ENTITLEMENT TO WARTIME DISABILITY 
                   COMPENSATION FOR WOMEN VETERANS WHO HAVE 
                   SERVICE-CONNECTED MASTECTOMIES.

       (a) In General.--Section 1114(k) is amended by inserting 
     ``of half or more of the tissue'' after ``anatomical loss'' 
     the second place it appears.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to months that begin on or after 
     that date.

     SEC. 102. COMPENSATION FOR HEARING LOSS IN PAIRED ORGANS.

       (a) Hearing Loss Required for Compensation.--Section 
     1160(a)(3) is amended by striking ``total'' both places it 
     appears.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to months that begin on or after 
     that date.

     SEC. 103. AUTHORITY FOR PRESUMPTION OF SERVICE CONNECTION FOR 
                   HEARING LOSS ASSOCIATED WITH PARTICULAR 
                   MILITARY OCCUPATIONAL SPECIALTIES.

       (a) In General.--(1) Subchapter II of chapter 11 is amended 
     by adding at the end the following new section:

     ``Sec. 1119. Presumption of service connection for hearing 
       loss associated with particular military occupational 
       specialties

       ``(a) For purposes of section 1110 of this title, and 
     subject to section 1113 of this title, hearing loss, 
     tinnitus, or both of a veteran who served on active military, 
     naval, or air service during a period specified by the 
     Secretary under subsection (b)(1) and was assigned during the 
     period of such service to a military occupational specialty 
     or equivalent described in subsection (b)(2) shall be 
     considered to have been incurred in or aggravated by such 
     service, notwithstanding that there is no record of evidence 
     of such hearing loss or tinnitus, as the case may be, during 
     the period of such service.
       ``(b)(1) A period referred to in subsection (a) is a 
     period, if any, that the Secretary determines in regulations 
     prescribed under this section--
       ``(A) during which audiometric measures were consistently 
     not adequate to assess individual hearing threshold shift; or
       ``(B) with respect to service in a military occupational 
     specialty or equivalent described in paragraph (2), during 
     which hearing conservation measures to prevent individual 
     hearing threshold shift were unavailable or provided 
     insufficient protection for members assigned to such military 
     occupational specialty or equivalent.
       ``(2) A military occupational specialty or equivalent 
     referred to in subsection (a) is a military occupational 
     specialty or equivalent, if any, that the Secretary 
     determines in regulations prescribed under this section in 
     which individuals assigned to such military occupational 
     specialty or equivalent in the active military, naval, or air 
     service are or were likely to be exposed to a sufficiently 
     high level of acoustic trauma as to result in permanent 
     hearing loss, tinnitus, or both.
       ``(c) In making determinations for purposes of subsection 
     (b), the Secretary shall take into account the report 
     submitted to the Secretary by the National Academy of 
     Sciences under section 103(c) of the Veterans Benefits 
     Improvement Act of 2002.
       ``(d)(1) Not later than 60 days after the date on which the 
     Secretary receives the report referred to in subsection (c), 
     the Secretary shall determine whether or not a presumption of 
     service connection for hearing loss, tinnitus, or both is 
     warranted for the hearing loss, tinnitus, or both, as the 
     case may be, of individuals assigned to each military 
     occupational specialty or equivalent, and during each period, 
     identified by the National Academy of Sciences in such report 
     as a military occupational specialty or equivalent in which 
     individuals are or were likely to be exposed during such 
     period to a sufficiently high level of acoustic trauma as to 
     result in permanent hearing loss, tinnitus, or both to a 
     degree which would be compensable as a service-connected 
     disability under the laws administered by the Secretary.
       ``(2) If the Secretary determines under paragraph (1) that 
     a presumption of service connection is warranted with respect 
     to any military occupational specialty or equivalent 
     described in that paragraph and hearing loss, tinnitus, or 
     both, the Secretary shall, not later than 60 days after the 
     date of the determination, issue proposed regulations setting 
     forth the Secretary's determination.
       ``(3) If the Secretary determines under paragraph (1) that 
     a presumption of service connection is not warranted with 
     respect to any military occupational specialty or equivalent 
     described in that paragraph and hearing loss, tinnitus, or 
     both, the Secretary shall, not later than 60 days after the 
     date of the determination--
       ``(A) publish the determination in the Federal Register; 
     and
       ``(B) submit to the Committees on Veterans' Affairs of the 
     Senate and the House of Representatives a report on the 
     determination, including a justification for the 
     determination.
       ``(e) Any regulations issued under subsection (d)(2) shall 
     take effect on the date provided for in such regulations. No 
     benefit may be paid under this section for any month that 
     begins before that date.''.
       (2) The table of sections at the beginning of chapter 11 is 
     amended by inserting after the item relating to section 1118 
     the following new item:

``1119. Presumption of service connection for hearing loss associated 
              with particular military occupational specialties.''.

       (b) Presumption Rebuttable.--Section 1113 is amended by 
     striking ``or 1118'' each place it appears and inserting 
     ``1118, or 1119''.
       (c) Assessment of Acoustic Trauma Associated With Various 
     Military Occupational Specialties.--(1) The Secretary of 
     Veterans Affairs shall seek to enter into an agreement with 
     the National Academy of Sciences, or another appropriate 
     scientific organization, for the Academy to perform the 
     activities specified in this subsection. The Secretary shall 
     seek to enter into the agreement not later than 60 days after 
     the date of the enactment of this Act.
       (2) Under the agreement under paragraph (1), the National 
     Academy of Sciences shall--
       (A) review and assess available data on occupational 
     hearing loss;
       (B) from such data, identify the forms of acoustic trauma 
     that, if experienced by individuals in the active military, 
     naval, or air service, could cause or contribute to hearing 
     loss, hearing threshold shift, or tinnitus in such 
     individuals;
       (C) in the case of each form of acoustic trauma identified 
     under subparagraph (B)--
       (i) determine how much exposure to such form of acoustic 
     trauma is required to cause or contribute to hearing loss, 
     hearing threshold shift, or tinnitus, as the case may be, and 
     at what noise level; and
       (ii) determine whether or not such hearing loss, hearing 
     threshold shift, or tinnitus, as the case may be, is--
       (I) immediate or delayed onset;
       (II) cumulative;
       (III) progressive; or
       (IV) any combination of subclauses (I) through (III);
       (D) review and assess the completeness and adequacy of data 
     of the Department of Veterans Affairs and the Department of 
     Defense on hearing threshold shift in a representative sample 
     of individuals who were discharged or released from service 
     in the Armed Forces following World War II, the Korean 
     conflict, and the Vietnam era, and in peacetime during the 
     period from the end of the Vietnam era to the beginning of 
     the Persian Gulf War, and during the Persian Gulf War, with 
     such sample to be selected so as to reflect an appropriate 
     distribution of individuals among the various Armed Forces;
       (E) identify each military occupational specialty or 
     equivalent, if any, in which individuals assigned to such 
     military occupational specialty or equivalent in the active 
     military, naval, or air service are or were likely to be 
     exposed to a sufficiently high level of acoustic trauma as to 
     result in permanent hearing loss, tinnitus, or both to a 
     degree which would be compensable as a service-connected 
     disability under the laws administered by the Secretary of 
     Veterans Affairs; and
       (F) assess when, if ever--
       (i) audiometric measures became adequate to evaluate 
     individual hearing threshold shift; and
       (ii) hearing conservation measures to prevent individual 
     hearing threshold shift were available and provided 
     sufficient protection for members assigned to each military 
     occupational specialty or equivalent identified under 
     subparagraph (E).
       (3) Not later than 180 days after the date of the entry 
     into the agreement referred to in paragraph (1), 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 subparagraphs (A) through (F) of paragraph (2).
       (4) For purposes of paragraph (2)(D), the terms ``World War 
     II'', ``Korean conflict'', ``Vietnam era'', and ``Persian 
     Gulf War'' have the meanings given such terms in section 101 
     of title 38, United States Code.
       (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

[[Page S9553]]

     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 claims submitted to the Secretary in each 
     of 1999, 2000, and 2001 for disability compensation for 
     hearing loss, tinnitus, or both.
       (B) Of the claims referred to in subparagraph (A)--
       (i) the number of claims for which disability compensation 
     was awarded, set forth by year;
       (ii) the number of claims assigned each disability rating; 
     and
       (iii) the total amount of disability compensation paid on 
     such claims during each such 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 health care facilities in each of 1999, 2000, and 
     2001 for hearing-related disorders, set forth by--
       (i) the number of veterans per year; and
       (ii) the military occupational specialties or equivalents 
     of such veterans during their active military, naval, or air 
     service.
       (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.

     SEC. 104. MODIFICATION OF AUTHORITIES ON MEDAL OF HONOR ROLL 
                   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:
       ``(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) Effective Date.--(1) Except as provided in paragraph 
     (2), the amendments made by subsections (a) and (b) shall 
     take effect on the date of the enactment of this Act, and 
     shall apply with respect to months that begin on or after 
     that date.
       (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 2002.
       (d) Payment of Lump Sum for Period Between Act of Valor and 
     Commencement of Special Pension.--(1) The Secretary of 
     Veterans Affairs shall pay, in a lump sum, to each person who 
     is in receipt of special pension payable under section 1562 
     of title 38, United States Code, 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 
     during such month under laws for eligibility for special 
     pension in effect at the beginning of such month.

     SEC. 105. APPLICABILITY OF PROHIBITION ON ASSIGNMENT OF 
                   VETERANS BENEFITS TO AGREEMENTS ON FUTURE 
                   RECEIPT OF CERTAIN 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) For purposes of this subsection, 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) Any agreement or arrangement for collateral for 
     security for an agreement that is prohibited under 
     subparagraph (A) is also prohibited.
       ``(C)(i) Any person who enters into an agreement that is 
     prohibited under subparagraph (A), or an agreement or 
     arrangement that is prohibited under subparagraph (B), shall 
     be fined under title 18, imprisoned for not more than one 
     year, or both.
       ``(ii) This subparagraph does not apply to a beneficiary 
     with respect to compensation, pension, or dependency and 
     indemnity compensation to which the beneficiary is entitled 
     under a law administered by the Secretary.''.
       (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 such paragraph that is entered into 
     on or after the date of the enactment of this Act.
       (c) Outreach.--The Secretary of Veterans Affairs shall, 
     during the five-year period beginning on the date of the 
     enactment of this Act, carry out a program of outreach to 
     inform veterans and other recipients or potential recipients 
     of compensation, pension, or dependency and indemnity 
     compensation benefits under the laws administered by the 
     Secretary of the prohibition on the assignment of such 
     benefits under law. The program shall include information on 
     various schemes to evade the prohibition, and means of 
     avoiding such schemes.

     SEC. 106. EXTENSION OF INCOME VERIFICATION AUTHORITY.

       (a) Title 38, United States Code.--Section 5317(g) is 
     amended by striking ``September 30, 2008'' and inserting 
     ``September 30, 2011''.
       (b) Internal Revenue Code.--Section 6103(l)(7)(D)(viii) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``September 30, 2003'' and inserting ``September 30, 2011''.

                      TITLE II--EDUCATION MATTERS

     SEC. 201. THREE-YEAR INCREASE IN AGGREGATE ANNUAL AMOUNT 
                   AVAILABLE FOR STATE APPROVING AGENCIES FOR 
                   ADMINISTRATIVE EXPENSES.

       (a) Increase in Amount.--Section 3674(a)(4) is amended in 
     the first sentence by striking ``fiscal years 2001 and 2002, 
     $14,000,000'' and inserting ``fiscal years 2003, 2004, and 
     2005, $18,000,000''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2002.

     SEC. 202. CLARIFYING IMPROVEMENT OF VARIOUS EDUCATION 
                   AUTHORITIES.

       (a) Eligibility of Certain Additional Vietnam Era 
     Veterans.--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 Entitlement 
     Under Entitlement Transfer Authority.--Section 3035(b) is 
     amended--
       (1) in paragraph (1), by striking ``paragraphs (2) and (3) 
     of this subsection,'' and inserting ``paragraphs (2), (3), 
     and (4),''; and
       (2) 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 Educations Benefits 
     Fund established under section 2006 of title 10 or from 
     appropriations made to the Department of Transportation, as 
     appropriate.''.
       (d) Licensing or Certification Tests.--(1) Section 
     3232(c)(1) is amended by striking ``a licensing'' and 
     inserting ``a particular licensing''.
       (2) Section 3689 is amended--
       (A) in subsection (b)(1)(B), by inserting ``and with such 
     other standards as the Secretary may prescribe,'' after 
     ``practices,''; and
       (B) in subsection (c)(1)(A), by inserting ``and with such 
     other standards as the Secretary may prescribe,'' after 
     ``practices,''.
       (3) 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.--Section 3512(a) is amended--
       (1) in paragraph (3), by striking ``paragraph (4)'' in the 
     matter preceding subparagraph (A) and inserting ``paragraph 
     (4) or (5)'';
       (2) by redesignating paragraphs (4), (5), (6), and (7) as 
     paragraphs (5), (6), (7), and (8), respectively;
       (3) 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
       (4) in paragraph (6), as so redesignated, by striking 
     ``paragraph (4)'' and inserting ``paragraph (5)''.

                       TITLE III--HOUSING MATTERS

     SEC. 301. AUTHORITY TO GUARANTEE ADJUSTABLE RATE MORTGAGES 
                   AND HYBRID ADJUSTABLE RATE MORTGAGES.

       (a) Three-Year Extension of Authority To Guarantee 
     Adjustable Rate Mortgages.--Subsection (a) of section 3707 is 
     amended by striking ``during fiscal years 1993, 1994, and 
     1995'' and inserting ``through fiscal year 2005''.
       (b) Authority To Guarantee Hybrid Adjustable Rate 
     Mortgages.--That section is further amended--

[[Page S9554]]

       (1) in subsection (b), by striking ``Interest rate 
     adjustment provisions'' and inserting ``Except as provided in 
     subsection (c)(1), interest rate adjustment provisions'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Adjustable rate mortgages that are guaranteed under 
     this section shall include adjustable rate mortgages 
     (commonly referred to as `hybrid adjustable rate mortgages') 
     having interest rate adjustment provisions that--
       ``(1) are not subject to subsection (b)(1);
       ``(2) specify an initial rate of interest that is fixed for 
     a period of not less than the first three years of the 
     mortgage term;
       ``(3) provide for an initial adjustment in the rate of 
     interest by the mortgagee at the end of the period described 
     in paragraph (2); and
       ``(4) comply in such initial adjustment, and any subsequent 
     adjustment, with paragraphs (2) through (4) of subsection 
     (b).''.
       (c) Implementation of Authority To Guarantee Hybrid 
     Adjustable Rate Mortgages.--The Secretary of Veterans Affairs 
     shall exercise the authority under section 3707 of title 38, 
     United States Code, as amended by this section, to guarantee 
     adjustable rate mortgages described in subsection (c) of such 
     section 3707, as so amended, in advance of any rulemaking 
     otherwise required to implement such authority.

                    TITLE IV--OTHER BENEFITS MATTERS

     SEC. 401. TREATMENT OF DUTY OF NATIONAL GUARD MOBILIZED BY 
                   STATES FOR HOMELAND SECURITY ACTIVITIES AS 
                   MILITARY SERVICE UNDER SOLDIERS' AND SAILORS' 
                   CIVIL RELIEF ACT OF 1940.

       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 shall include service in the National 
     Guard, pursuant to a call or order to duty by the Governor of 
     a State, upon the request of a Federal law enforcement agency 
     and with the concurrence of the Secretary of Defense, to 
     perform full-time duty under section 502(f) of title 32, 
     United States Code, for purposes of carrying out homeland 
     security activities''.

     SEC. 402. 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 on 
     behalf of a deceased 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. 403. 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,''.

       TITLE V--JUDICIAL, PROCEDURAL, AND ADMINISTRATIVE MATTERS

     SEC. 501. 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 by striking ``if the finding is 
     clearly erroneous'' and inserting ``if the finding is adverse 
     to the claimant and the Court determines that the finding is 
     unsupported by substantial evidence of record, taking into 
     account the Secretary's application of section 5107(b) of 
     this title''.
       (b) Scope of Authority.--That subsection is further 
     amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``this chapter'' and inserting ``section 7252(a) of this 
     title''; and
       (2) in paragraph (4), as amended by subsection (a) of this 
     section, by inserting ``or reverse'' after ``set aside''.
       (c) Matters Relating to Findings of Material Fact.--That 
     section is further amended by adding at the end the following 
     new subsection:
       ``(e)(1) In making a determination on a finding of material 
     fact under subsection (a)(4), 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.
       ``(2) A determination on a finding of material fact under 
     subsection (a)(4) shall specify the evidence or material on 
     which the Court relied in making such determination.''.
       (d) 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 subsections (a) and (b)(2) shall 
     apply with respect to any appeal filed with the United States 
     Court of Appeals for Veterans Claims--
       (A) on or after the date of the enactment of this Act; or
       (B) before the date of the enactment of this Act, but in 
     which a final decision has not been made under section 7291 
     of title 38, United States Code, as of that date.

     SEC. 502. REVIEW BY COURT OF APPEALS FOR THE FEDERAL CIRCUIT 
                   OF DECISIONS OF LAW OF COURT OF APPEALS FOR 
                   VETERANS CLAIMS.

       (a) Review.--(1) Subsection (a) of section 7292 is amended 
     in the first sentence by inserting after ``the validity of'' 
     the following: ``a decision of the Court on a rule of law or 
     of''.
       (2) Subsection (c) of that section is amended--
       (A) in the first sentence, by inserting after ``the 
     validity of'' the following: ``a decision of the Court of 
     Appeals for Veterans Claims on a rule of law or of''; and
       (B) in the second sentence, by striking ``such court'' and 
     inserting ``the Court of Appeals for the Federal Circuit''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and 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. 503. 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.

     SEC. 504. RETROACTIVE APPLICABILITY OF MODIFICATIONS OF 
                   AUTHORITY AND REQUIREMENTS TO ASSIST CLAIMANTS.

       (a) Retroactive Applicability.--Except as specifically 
     provided otherwise, the provisions of sections 5102, 5103, 
     5103A, and 5126 of title 38, United States Code, as amended 
     by section 3 of the Veterans Claims Assistance Act of 2000 
     (Public Law 106-475; 114 Stat. 2096), apply to any claim--
       (1) filed on or after November 9, 2000; or
       (2) filed before November 9, 2000, and not final as of that 
     date.
       (b) Readjudication of Certain Claims.--If the United States 
     Court of Appeals for Veterans Claims, the United States Court 
     of Appeals for the Federal Circuit, or the Supreme Court 
     renders a decision during the period beginning on April 24, 
     2002, and ending on the date of the enactment of this Act 
     holding that section 3(a) of the Veterans Claims Assistance 
     Act of 2000 is not applicable to a case covered by the 
     decision because such section 3(a) was not intended to be 
     given retroactive effect, the Secretary of Veterans Affairs 
     shall, upon request of the claimant or on the Secretary's own 
     motion, order the claim readjudicated under chapter 51 of 
     such title, as amended by the Veterans Claims Assistance Act 
     of 2000, as if Board of Veterans' Appeals most recent denial 
     of the claim concerned had not occurred.
       Amend the title to read as follows: ``A bill 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.''.
  Mr. REID. Mr. President, I ask unanimous consent that the Rockefeller 
substitute amendment be agreed to; that the committee amendment, in the 
nature of a substitute, as amended, be agreed to; that the bill, as 
amended, be read the third time and passed; that the amendment to the 
title be agreed to; that the motion to reconsider be laid upon the 
table, with no intervening action or debate; and that any statements 
relating to the bill be printed in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment (No. 4838) was agreed to.
  (The text of the amendment is printed in today's Record under ``Text 
of Amendments.'')
  Mr. ROCKEFELLER. MR. President, as chairman of the Committee on 
Veterans' Affairs, I urge the Senate to pass

[[Page S9555]]

S. 2237, the proposed ``Veterans Benefits Improvement Act of 2002,'' as 
modified by a manager's amendment which I developed with the 
committee's ranking member, Senator Specter. I will describe the 
provisions of the amendment in a moment.
  The pending omnibus measure would touch many parts of veterans' 
lives, from increasing pensions for those who have earned the Medal of 
Honor to ensuring that veterans' appeals get more than a cursory 
review. I thank Ranking Member Specter and his staff for their 
significant contributions to a bill I believe will substantially 
improve the benefits provided to those who have served our Nation.
  S. 2237 as reported, which I will refer to as the ``committee bill,'' 
improves numerous veterans' benefits. I will highlight some of the 
provisions of which I am most proud.
  Congress last year authorized VA to offer special monthly 
compensation to women who had lost one or both breasts, including 
through surgery, as a result of their military service. VA subsequently 
released regulations that limited eligibility for this benefit to women 
who had suffered complete loss of all breast tissue through simple or 
radical mastectomy. Even if such a restriction does not influence 
medical decisions, it fails to acknowledge that tissue-sparing 
treatments still create physical, emotional, and financial challenges 
to returning to health. Section 101 of the Committee bill would extend 
eligibility for benefits to women veterans who have experienced 
service-connected loss of half or more of a breast's tissue.
  The number of claims that veterans submit for hearing loss and 
tinnitus grows each year, and hearing disorders now account for two of 
the most commonly claimed disabilities. In order to settle these 
claims, VA staff must determine whether a veteran's hearing loss is as 
likely to be linked to noise exposure during service as to other 
causes, a tough decision made even harder by incomplete medical records 
and uncertain clinical evidence. Aging veterans--many of whom received 
no hearing evaluation upon discharge from service--now struggle to 
prove that their hearing problems resulted from damage suffered decades 
ago, while VA battles a staggering backlog of claims. Not only must 
veterans with hearing loss wait for assistance, but all veterans must 
accept the delays that arise as VA sorts through an enormous number of 
hearing loss claims without a clear scientific standard on past 
exposures.
  Section 103 of the committee bill would help VA and veterans 
understand whether service in certain military specialties might be 
associated with an increased risk of hearing loss later in life. The 
committee bill would require VA to contract with an independent 
scientific organization, such as the National Academy of Sciences, to 
review evidence on acoustic trauma during military service. Experts 
would be asked to consider the types of noise exposure that could 
contribute to hearing disorders, and to determine whether 
servicemembers' hearing loss would be immediate or cumulative. The 
scientists would also determine when the audiometric data collected by 
the military services became adequate for VA to assess individual 
exposures during subsequent hearing loss claims.
  The committee bill would also require that VA review its own records 
on hearing loss or tinnitus in veterans, and estimate the cost of 
adjudicating these claims under the current system. With this 
information, Congress and VA should be in a better position to decide 
whether evidence warrants service connection of hearing loss or 
tinnitus for certain veterans, so that their claims can be decided as 
quickly and fairly as possible.
  We currently provide a special pension of recipients of the Medal of 
Honor to recognize, in some small measure, their extraordinary heroism. 
Congress has periodically increased this pension to keep pace with 
inflation and the needs of its recipients, but these increases have 
been irregular in amount and frequency. For some recipients, delays 
between the dates of the recipient's act of valor and the actual 
awarding of the Medal of Honor have resulted in lower aggregate amounts 
of special pension, based only on differences in the timing of the 
official recognition.
  Section 104 of the committee bill would increase the Medal of Honor 
special pension from $600 to $1,000. Beginning next year, the pension 
amount would be adjusted annually with inflation. Finally, it would 
provide for a one-time, lump-sum payment in the amount of pension the 
recipient would have received between the date of the act of valor and 
the date that the recipient's pension actually commenced. I want to 
thank Senators Specter and Hutchinson for their leadership on this 
issue, and for assisting the committee in reaffirming our commitment to 
these heroes.
  Section 401 of the committee bill would extend certain protections 
currently offered to National Guard members called up for national 
defense to include those who may have been called up for homeland 
security activities but not federalized. The Soldiers and Sailor's 
Civil Relief Act of 1940, SSCRA, protects active duty servicemembers 
and their families from evictions, foreclosures, and certain legal 
judgements while they serve the Nation in federally funded national 
defense missions. However, SSCRA protections do not cover National 
Guard members called up under title 32 of the United States Code, which 
places the servicemembers under the command of their State Governors.
  Following the events of September 11, many National Guard members 
activated under title 32 guarded commercial airports at the request of 
the Federal Government, serving for 4 to 6 months. Although they served 
a national mission, their title 32 status denied them 
SSCRA protections. Furthermore, the National Defense Authorization Act 
for Fiscal Year 2003, as passed by the Senate, specifically allows 
National Guard members to be called up for full-time homeland security 
duty under title 32. Should this provision be enacted into law, it is 
likely that National Guard members will be called upon more frequently 
to serve in this status.

  Section 401 of the committee bill would expand SSCRA protections to 
include National Guard members serving full-time for homeland security 
purposes under title 32 upon an order of the Governor of a State, by 
request of the head of a Federal law enforcement agency, and with the 
concurrence of the Secretary of Defense. As America relies increasingly 
on the National Guard and reservists to support its all-volunteer 
forces, we must be sure that all of our servicemembers can focus on 
their duties when they leave home to serve their Nation.
  Sections 501 and 502 of the committee bill would ensure that veterans 
receive a full judicial review when appealing claims denied by VA.
  A long-standing tenet of veterans law is that the veteran receives 
the ``benefit of the doubt.'' This ``benefit of the doubt'' rule is 
unique in administrative law and states that when the evidence in 
support of benefits is in equipoise the benefit of the doubt must be 
given to the veteran, recognizing the tremendous sacrifices made by the 
men and women who have serve in our Armed Forces. A number of veterans 
service organizations have expressed concern that the current appellate 
process is overly deferential to VA findings of fact that are adverse 
to veteran claimants. Specifically, these groups argue that the 
``clearly erroneous'' standard applied by the U.S. Court of Appeals for 
Veterans Claims, CAVC, when reviewing Board of Veterans' Appeals, BVA, 
cases results in veteran claims receiving only cursory review on 
appeal, not allowing for full application of the ``benefit of the 
doubt'' rule.
  Section 501 of the committee bill would change the standard of review 
the CAVC applies to BVA findings of fact from ``clearly erroneous'' to 
``unsupported by substantial evidence'' with an explicit reference to 
VA's application of the ``benefit of the doubt'' provision. This would 
clearly instruct the court to perform a searching review of BVA 
findings of fact, yet allow the CAVC to give deference to BVA findings 
based on specific evidence.
  Section 502 of the committee bill would improve appellate review of 
veterans claims by expanding the Federal Circuit's authority to review 
CAVC decisions based on rules of law that are not derived from a 
specific statute or regulation. This change would allow the Federal 
circuit to review comprehensively any CAVC decisions of law that 
adversely affect appellants.

[[Page S9556]]

  Section 503 of the committee bill would allow nonattorney 
practitioners admitted to practice before the CAVC without the 
signature of a supervising attorney, such as veterans service 
organization representatives, to be awarded fees under the Equal Access 
to Justice Act. Currently, attorneys and nonattorney practitioners 
supervised by attorneys who represent claimants that satisfy certain 
statutory requirements may receive compensation for their services 
pursuant to the EAJA. This would allow well-deserved compensation to 
organizations that provide invaluable assistance to veterans.
  The Veterans Claims Assistance Act of 2000, VCAA, required VA to take 
very specific steps to help veterans prepare their benefits claims, 
such as informing claimants of medical or lay evidence or helping them 
obtain evidence necessary to substantiate a claim. The Federal circuit, 
in two recent decisions--Dyment v. Principi and Bernklau v. Principi--
found that certain provisions of the VCAA pertaining to VA's duty to 
assist cannot be applied retroactively to claims pending at the time of 
enactment. Section 504 states explicitly that VA's duty to assist will 
be applied retroactively to cases that were ongoing either at the 
various adjudication levels within VA or pending at the applicable 
Federal courts prior to the date of VCAA's enactment.
  Section 504 of the committee bill would make it clear that VA's duty 
to assist can be applied retroactively to cases that were either 
ongoing within VA or pending at the applicable Federal courts prior to 
the date of VCAA's enactment. This clarification would give full force 
to the congressionally mandated duty to assist claimant veterans, and 
provide crucial assistance to the men and women who sacrified so much 
in service to our Nation.
  I now turn to the manager's amendment, which would modify a section 
of the committee bill on evaluating service-connected hearing loss.
  Section 102 of the committee bill, as modified by the manager's 
amendment, would address an issue of fairness for veterans who have 
both service-connected and non-service-connected hearing loss. 
Currently, when evaluating veterans' service-connected disabilities in 
paired organs or extremities--such as kidneys, lungs, feet, or hands--
VA is authorized to consider any degree of damage to both organs, even 
if only one resulted from military service. However, total deafness in 
both ears is required for special consideration of hearing loss.
  The committee bill would eliminate the ``total deafness'' 
requirement, allowing VA to consider partial non-service-connected 
hearing loss in one ear when rating disability for vetearns with at 
least 10 percent compensable service-connected hearing loss in the 
other ear. This change would mirror exceptions made for other 
``paired'' organs and extremities and would help ensure fair 
compensation for veterans whose hearing has been more greatly impaired 
by service than it would have been had they not served.
  In conclusion, I urge my colleagues to support these improvements to 
veterans benefits. In light of our increased military commitments--
abroad and on American soil--this represents a critical bipartisan 
commitment to our Nation's Veterans.
  The committee amendment, in the nature of a substitute, as amended, 
was agreed to.
  The amendment to the title was agreed to.
  The bill (S. 2237), as amended, was read the third time and passed, 
as follows:

                                S. 2237

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Veterans 
     Benefits Improvement Act of 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 PENSION MATTERS

Sec. 101. Clarification of entitlement to wartime disability 
              compensation for women veterans who have service-
              connected mastectomies.
Sec. 102. Compensation for hearing loss in paired organs.
Sec. 103. Authority for presumption of service connection for hearing 
              loss associated with particular military occupational 
              specialties.
Sec. 104. Modification of authorities on Medal of Honor Roll special 
              pension.
Sec. 105. Applicability of prohibition on assignment of veterans 
              benefits to agreements on future receipt of certain 
              benefits.
Sec. 106. Extension of income verification authority.

                      TITLE II--EDUCATION MATTERS

Sec. 201. Three-year increase in aggregate annual amount available for 
              State approving agencies for administrative expenses.
Sec. 202. Clarifying improvement of various education authorities.

                       TITLE III--HOUSING MATTERS

Sec. 301. Authority to guarantee adjustable rate mortgages and hybrid 
              adjustable rate mortgages.

                    TITLE IV--OTHER BENEFITS MATTERS

Sec. 401. Treatment of duty of National Guard mobilized by States for 
              homeland security activities as military service under 
              Soldiers' and Sailors' Civil Relief Act of 1940.
Sec. 402. Prohibition on certain additional benefits for persons 
              committing capital crimes.
Sec. 403. Procedures for disqualification of persons committing capital 
              crimes for interment or memorialization in national 
              cemeteries.

       TITLE V--JUDICIAL, PROCEDURAL, AND ADMINISTRATIVE MATTERS

Sec. 501. Standard for reversal by Court of Appeals for Veterans Claims 
              of erroneous finding of fact by Board of Veterans' 
              Appeals.
Sec. 502. Review by Court of Appeals for the Federal Circuit of 
              decisions of law of Court of Appeals for Veterans Claims.
Sec. 503. Authority of Court of Appeals for Veterans Claims to award 
              fees under Equal Access to Justice Act for non-attorney 
              practitioners.
Sec. 504. Retroactive applicability of modifications of authority and 
              requirements to assist claimants.

     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 PENSION MATTERS

     SEC. 101. CLARIFICATION OF ENTITLEMENT TO WARTIME DISABILITY 
                   COMPENSATION FOR WOMEN VETERANS WHO HAVE 
                   SERVICE-CONNECTED MASTECTOMIES.

       (a) In General.--Section 1114(k) is amended by inserting 
     ``of half or more of the tissue'' after ``anatomical loss'' 
     the second place it appears.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to months that begin on or after 
     that date.

     SEC. 102. COMPENSATION FOR HEARING LOSS IN PAIRED ORGANS.

       (a) Hearing Loss Required for Compensation.--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''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to months that begin on or after 
     that date.

     SEC. 103. AUTHORITY FOR PRESUMPTION OF SERVICE CONNECTION FOR 
                   HEARING LOSS ASSOCIATED WITH PARTICULAR 
                   MILITARY OCCUPATIONAL SPECIALTIES.

       (a) In General.--(1) Subchapter II of chapter 11 is amended 
     by adding at the end the following new section:

     ``Sec. 1119. Presumption of service connection for hearing 
       loss associated with particular military occupational 
       specialties

       ``(a) For purposes of section 1110 of this title, and 
     subject to section 1113 of this title, hearing loss, 
     tinnitus, or both of a veteran who served on active military, 
     naval, or air service during a period specified by the 
     Secretary under subsection (b)(1) and was assigned during the 
     period of such service to a military occupational specialty 
     or equivalent described in subsection (b)(2) shall be 
     considered to have been incurred in or aggravated by such 
     service, notwithstanding that there is no record of evidence 
     of such hearing loss or tinnitus, as the case may be, during 
     the period of such service.
       ``(b)(1) A period referred to in subsection (a) is a 
     period, if any, that the Secretary determines in regulations 
     prescribed under this section--

[[Page S9557]]

       ``(A) during which audiometric measures were consistently 
     not adequate to assess individual hearing threshold shift; or
       ``(B) with respect to service in a military occupational 
     specialty or equivalent described in paragraph (2), during 
     which hearing conservation measures to prevent individual 
     hearing threshold shift were unavailable or provided 
     insufficient protection for members assigned to such military 
     occupational specialty or equivalent.
       ``(2) A military occupational specialty or equivalent 
     referred to in subsection (a) is a military occupational 
     specialty or equivalent, if any, that the Secretary 
     determines in regulations prescribed under this section in 
     which individuals assigned to such military occupational 
     specialty or equivalent in the active military, naval, or air 
     service are or were likely to be exposed to a sufficiently 
     high level of acoustic trauma as to result in permanent 
     hearing loss, tinnitus, or both.
       ``(c) In making determinations for purposes of subsection 
     (b), the Secretary shall take into account the report 
     submitted to the Secretary by the National Academy of 
     Sciences under section 103(c) of the Veterans Benefits 
     Improvement Act of 2002.
       ``(d)(1) Not later than 60 days after the date on which the 
     Secretary receives the report referred to in subsection (c), 
     the Secretary shall determine whether or not a presumption of 
     service connection for hearing loss, tinnitus, or both is 
     warranted for the hearing loss, tinnitus, or both, as the 
     case may be, of individuals assigned to each military 
     occupational specialty or equivalent, and during each period, 
     identified by the National Academy of Sciences in such report 
     as a military occupational specialty or equivalent in which 
     individuals are or were likely to be exposed during such 
     period to a sufficiently high level of acoustic trauma as to 
     result in permanent hearing loss, tinnitus, or both to a 
     degree which would be compensable as a service-connected 
     disability under the laws administered by the Secretary.
       ``(2) If the Secretary determines under paragraph (1) that 
     a presumption of service connection is warranted with respect 
     to any military occupational specialty or equivalent 
     described in that paragraph and hearing loss, tinnitus, or 
     both, the Secretary shall, not later than 60 days after the 
     date of the determination, issue proposed regulations setting 
     forth the Secretary's determination.
       ``(3) If the Secretary determines under paragraph (1) that 
     a presumption of service connection is not warranted with 
     respect to any military occupational specialty or equivalent 
     described in that paragraph and hearing loss, tinnitus, or 
     both, the Secretary shall, not later than 60 days after the 
     date of the determination--
       ``(A) publish the determination in the Federal Register; 
     and
       ``(B) submit to the Committees on Veterans' Affairs of the 
     Senate and the House of Representatives a report on the 
     determination, including a justification for the 
     determination.
       ``(e) Any regulations issued under subsection (d)(2) shall 
     take effect on the date provided for in such regulations. No 
     benefit may be paid under this section for any month that 
     begins before that date.''.
       (2) The table of sections at the beginning of chapter 11 is 
     amended by inserting after the item relating to section 1118 
     the following new item:

``1119. Presumption of service connection for hearing loss associated 
              with particular military occupational specialties.''.
       (b) Presumption Rebuttable.--Section 1113 is amended by 
     striking ``or 1118'' each place it appears and inserting 
     ``1118, or 1119''.
       (c) Assessment of Acoustic Trauma Associated With Various 
     Military Occupational Specialties.--(1) The Secretary of 
     Veterans Affairs shall seek to enter into an agreement with 
     the National Academy of Sciences, or another appropriate 
     scientific organization, for the Academy to perform the 
     activities specified in this subsection. The Secretary shall 
     seek to enter into the agreement not later than 60 days after 
     the date of the enactment of this Act.
       (2) Under the agreement under paragraph (1), the National 
     Academy of Sciences shall--
       (A) review and assess available data on occupational 
     hearing loss;
       (B) from such data, identify the forms of acoustic trauma 
     that, if experienced by individuals in the active military, 
     naval, or air service, could cause or contribute to hearing 
     loss, hearing threshold shift, or tinnitus in such 
     individuals;
       (C) in the case of each form of acoustic trauma identified 
     under subparagraph (B)--
       (i) determine how much exposure to such form of acoustic 
     trauma is required to cause or contribute to hearing loss, 
     hearing threshold shift, or tinnitus, as the case may be, and 
     at what noise level; and
       (ii) determine whether or not such hearing loss, hearing 
     threshold shift, or tinnitus, as the case may be, is--
       (I) immediate or delayed onset;
       (II) cumulative;
       (III) progressive; or
       (IV) any combination of subclauses (I) through (III);
       (D) review and assess the completeness and adequacy of data 
     of the Department of Veterans Affairs and the Department of 
     Defense on hearing threshold shift in a representative sample 
     of individuals who were discharged or released from service 
     in the Armed Forces following World War II, the Korean 
     conflict, and the Vietnam era, and in peacetime during the 
     period from the end of the Vietnam era to the beginning of 
     the Persian Gulf War, and during the Persian Gulf War, with 
     such sample to be selected so as to reflect an appropriate 
     distribution of individuals among the various Armed Forces;
       (E) identify each military occupational specialty or 
     equivalent, if any, in which individuals assigned to such 
     military occupational specialty or equivalent in the active 
     military, naval, or air service are or were likely to be 
     exposed to a sufficiently high level of acoustic trauma as to 
     result in permanent hearing loss, tinnitus, or both to a 
     degree which would be compensable as a service-connected 
     disability under the laws administered by the Secretary of 
     Veterans Affairs; and
       (F) assess when, if ever--
       (i) audiometric measures became adequate to evaluate 
     individual hearing threshold shift; and
       (ii) hearing conservation measures to prevent individual 
     hearing threshold shift were available and provided 
     sufficient protection for members assigned to each military 
     occupational specialty or equivalent identified under 
     subparagraph (E).
       (3) Not later than 180 days after the date of the entry 
     into the agreement referred to in paragraph (1), 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 subparagraphs (A) through (F) of paragraph (2).
       (4) For purposes of paragraph (2)(D), the terms ``World War 
     II'', ``Korean conflict'', ``Vietnam era'', and ``Persian 
     Gulf War'' have the meanings given such terms in section 101 
     of title 38, United States Code.
       (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 claims submitted to the Secretary in each 
     of 1999, 2000, and 2001 for disability compensation for 
     hearing loss, tinnitus, or both.
       (B) Of the claims referred to in subparagraph (A)--
       (i) the number of claims for which disability compensation 
     was awarded, set forth by year;
       (ii) the number of claims assigned each disability rating; 
     and
       (iii) the total amount of disability compensation paid on 
     such claims during each such 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 health care facilities in each of 1999, 2000, and 
     2001 for hearing-related disorders, set forth by--
       (i) the number of veterans per year; and
       (ii) the military occupational specialties or equivalents 
     of such veterans during their active military, naval, or air 
     service.
       (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.

     SEC. 104. MODIFICATION OF AUTHORITIES ON MEDAL OF HONOR ROLL 
                   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:
       ``(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) Effective Date.--(1) Except as provided in paragraph 
     (2), the amendments made by subsections (a) and (b) shall 
     take effect on the date of the enactment of this Act, and 
     shall apply with respect to months that begin on or after 
     that date.
       (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 2002.
       (d) Payment of Lump Sum for Period Between Act of Valor and 
     Commencement of Special Pension.--(1) The Secretary of 
     Veterans Affairs shall pay, in a lump sum, to each person who 
     is in receipt of special pension payable under section 1562 
     of title 38, United States Code, 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.

[[Page S9558]]

       (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 
     during such month under laws for eligibility for special 
     pension in effect at the beginning of such month.

     SEC. 105. APPLICABILITY OF PROHIBITION ON ASSIGNMENT OF 
                   VETERANS BENEFITS TO AGREEMENTS ON FUTURE 
                   RECEIPT OF CERTAIN 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) For purposes of this subsection, 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) Any agreement or arrangement for collateral for 
     security for an agreement that is prohibited under 
     subparagraph (A) is also prohibited.
       ``(C)(i) Any person who enters into an agreement that is 
     prohibited under subparagraph (A), or an agreement or 
     arrangement that is prohibited under subparagraph (B), shall 
     be fined under title 18, imprisoned for not more than one 
     year, or both.
       ``(ii) This subparagraph does not apply to a beneficiary 
     with respect to compensation, pension, or dependency and 
     indemnity compensation to which the beneficiary is entitled 
     under a law administered by the Secretary.''.
       (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 such paragraph that is entered into 
     on or after the date of the enactment of this Act.
       (c) Outreach.--The Secretary of Veterans Affairs shall, 
     during the five-year period beginning on the date of the 
     enactment of this Act, carry out a program of outreach to 
     inform veterans and other recipients or potential recipients 
     of compensation, pension, or dependency and indemnity 
     compensation benefits under the laws administered by the 
     Secretary of the prohibition on the assignment of such 
     benefits under law. The program shall include information on 
     various schemes to evade the prohibition, and means of 
     avoiding such schemes.

     SEC. 106. EXTENSION OF INCOME VERIFICATION AUTHORITY.

       (a) Title 38, United States Code.--Section 5317(g) is 
     amended by striking ``September 30, 2008'' and inserting 
     ``September 30, 2011''.
       (b) Internal Revenue Code.--Section 6103(l)(7)(D)(viii) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``September 30, 2003'' and inserting ``September 30, 2011''.

                      TITLE II--EDUCATION MATTERS

     SEC. 201. THREE-YEAR INCREASE IN AGGREGATE ANNUAL AMOUNT 
                   AVAILABLE FOR STATE APPROVING AGENCIES FOR 
                   ADMINISTRATIVE EXPENSES.

       (a) Increase in Amount.--Section 3674(a)(4) is amended in 
     the first sentence by striking ``fiscal years 2001 and 2002, 
     $14,000,000'' and inserting ``fiscal years 2003, 2004, and 
     2005, $18,000,000''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2002.

     SEC. 202. CLARIFYING IMPROVEMENT OF VARIOUS EDUCATION 
                   AUTHORITIES.

       (a) Eligibility of Certain Additional Vietnam Era 
     Veterans.--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 Entitlement 
     Under Entitlement Transfer Authority.--Section 3035(b) is 
     amended--
       (1) in paragraph (1), by striking ``paragraphs (2) and (3) 
     of this subsection,'' and inserting ``paragraphs (2), (3), 
     and (4),''; and
       (2) 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 Educations Benefits 
     Fund established under section 2006 of title 10 or from 
     appropriations made to the Department of Transportation, as 
     appropriate.''.
       (d) Licensing or Certification Tests.--(1) Section 
     3232(c)(1) is amended by striking ``a licensing'' and 
     inserting ``a particular licensing''.
       (2) Section 3689 is amended--
       (A) in subsection (b)(1)(B), by inserting ``and with such 
     other standards as the Secretary may prescribe,'' after 
     ``practices,''; and
       (B) in subsection (c)(1)(A), by inserting ``and with such 
     other standards as the Secretary may prescribe,'' after 
     ``practices,''.
       (3) 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.--Section 3512(a) is amended--
       (1) in paragraph (3), by striking ``paragraph (4)'' in the 
     matter preceding subparagraph (A) and inserting ``paragraph 
     (4) or (5)'';
       (2) by redesignating paragraphs (4), (5), (6), and (7) as 
     paragraphs (5), (6), (7), and (8), respectively;
       (3) 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
       (4) in paragraph (6), as so redesignated, by striking 
     ``paragraph (4)'' and inserting ``paragraph (5)''.

                       TITLE III--HOUSING MATTERS

     SEC. 301. AUTHORITY TO GUARANTEE ADJUSTABLE RATE MORTGAGES 
                   AND HYBRID ADJUSTABLE RATE MORTGAGES.

       (a) Three-Year Extension of Authority To Guarantee 
     Adjustable Rate Mortgages.--Subsection (a) of section 3707 is 
     amended by striking ``during fiscal years 1993, 1994, and 
     1995'' and inserting ``through fiscal year 2005''.
       (b) Authority To Guarantee Hybrid Adjustable Rate 
     Mortgages.--That section is further amended--
       (1) in subsection (b), by striking ``Interest rate 
     adjustment provisions'' and inserting ``Except as provided in 
     subsection (c)(1), interest rate adjustment provisions'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Adjustable rate mortgages that are guaranteed under 
     this section shall include adjustable rate mortgages 
     (commonly referred to as `hybrid adjustable rate mortgages') 
     having interest rate adjustment provisions that--
       ``(1) are not subject to subsection (b)(1);
       ``(2) specify an initial rate of interest that is fixed for 
     a period of not less than the first three years of the 
     mortgage term;
       ``(3) provide for an initial adjustment in the rate of 
     interest by the mortgagee at the end of the period described 
     in paragraph (2); and
       ``(4) comply in such initial adjustment, and any subsequent 
     adjustment, with paragraphs (2) through (4) of subsection 
     (b).''.
       (c) Implementation of Authority To Guarantee Hybrid 
     Adjustable Rate Mortgages.--The Secretary of Veterans Affairs 
     shall exercise the authority under section 3707 of title 38, 
     United States Code, as amended by this section, to guarantee 
     adjustable rate mortgages described in subsection (c) of such 
     section 3707, as so amended, in advance of any rulemaking 
     otherwise required to implement such authority.

                    TITLE IV--OTHER BENEFITS MATTERS

     SEC. 401. TREATMENT OF DUTY OF NATIONAL GUARD MOBILIZED BY 
                   STATES FOR HOMELAND SECURITY ACTIVITIES AS 
                   MILITARY SERVICE UNDER SOLDIERS' AND SAILORS' 
                   CIVIL RELIEF ACT OF 1940.

       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 shall include service in the National 
     Guard, pursuant to a call or order to duty by the Governor of 
     a State, upon the request of a Federal law enforcement agency 
     and with the concurrence of the Secretary of Defense, to 
     perform full-time duty under section 502(f) of title 32, 
     United States Code, for purposes of carrying out homeland 
     security activities''.

[[Page S9559]]

     SEC. 402. 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 on 
     behalf of a deceased 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. 403. 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,''.

       TITLE V--JUDICIAL, PROCEDURAL, AND ADMINISTRATIVE MATTERS

     SEC. 501. 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 by striking ``if the finding is 
     clearly erroneous'' and inserting ``if the finding is adverse 
     to the claimant and the Court determines that the finding is 
     unsupported by substantial evidence of record, taking into 
     account the Secretary's application of section 5107(b) of 
     this title''.
       (b) Scope of Authority.--That subsection is further 
     amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``this chapter'' and inserting ``section 7252(a) of this 
     title''; and
       (2) in paragraph (4), as amended by subsection (a) of this 
     section, by inserting ``or reverse'' after ``set aside''.
       (c) Matters Relating to Findings of Material Fact.--That 
     section is further amended by adding at the end the following 
     new subsection:
       ``(e)(1) In making a determination on a finding of material 
     fact under subsection (a)(4), 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.
       ``(2) A determination on a finding of material fact under 
     subsection (a)(4) shall specify the evidence or material on 
     which the Court relied in making such determination.''.
       (d) 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 subsections (a) and (b)(2) shall 
     apply with respect to any appeal filed with the United States 
     Court of Appeals for Veterans Claims--
       (A) on or after the date of the enactment of this Act; or
       (B) before the date of the enactment of this Act, but in 
     which a final decision has not been made under section 7291 
     of title 38, United States Code, as of that date.

     SEC. 502. REVIEW BY COURT OF APPEALS FOR THE FEDERAL CIRCUIT 
                   OF DECISIONS OF LAW OF COURT OF APPEALS FOR 
                   VETERANS CLAIMS.

       (a) Review.--(1) Subsection (a) of section 7292 is amended 
     in the first sentence by inserting after ``the validity of'' 
     the following: ``a decision of the Court on a rule of law or 
     of''.
       (2) Subsection (c) of that section is amended--
       (A) in the first sentence, by inserting after ``the 
     validity of'' the following: ``a decision of the Court of 
     Appeals for Veterans Claims on a rule of law or of''; and
       (B) in the second sentence, by striking ``such court'' and 
     inserting ``the Court of Appeals for the Federal Circuit''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and 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. 503. 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.

     SEC. 504. RETROACTIVE APPLICABILITY OF MODIFICATIONS OF 
                   AUTHORITY AND REQUIREMENTS TO ASSIST CLAIMANTS.

       (a) Retroactive Applicability.--Except as specifically 
     provided otherwise, the provisions of sections 5102, 5103, 
     5103A, and 5126 of title 38, United States Code, as amended 
     by section 3 of the Veterans Claims Assistance Act of 2000 
     (Public Law 106-475; 114 Stat. 2096), apply to any claim--
       (1) filed on or after November 9, 2000; or
       (2) filed before November 9, 2000, and not final as of that 
     date.
       (b) Readjudication of Certain Claims.--If the United States 
     Court of Appeals for Veterans Claims, the United States Court 
     of Appeals for the Federal Circuit, or the Supreme Court 
     renders a decision during the period beginning on April 24, 
     2002, and ending on the date of the enactment of this Act 
     holding that section 3(a) of the Veterans Claims Assistance 
     Act of 2000 is not applicable to a case covered by the 
     decision because such section 3(a) was not intended to be 
     given retroactive effect, the Secretary of Veterans Affairs 
     shall, upon request of the claimant or on the Secretary's own 
     motion, order the claim readjudicated under chapter 51 of 
     such title, as amended by the Veterans Claims Assistance Act 
     of 2000, as if Board of Veterans' Appeals most recent denial 
     of the claim concerned had not occurred.

                          ____________________