[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.
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