[Congressional Record Volume 149, Number 141 (Wednesday, October 8, 2003)]
[House]
[Pages H9305-H9312]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     VETERANS BENEFITS ACT OF 2003

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 2297) to amend title 38, United States Code, to 
modify and improve certain benefits for veterans, and for other 
purposes, as amended.
  The Clerk read as follows:

                               H.R. 2297

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Veterans 
     Benefits Act of 2003''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

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

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

        (a) Definition of Training Establishment.--Section 3452(e) 
     of title 38, United States Code, is amended by striking 
     ``means any'' and all that follows and inserting ``means any 
     of the following:
       ``(1) An establishment providing apprentice or other 
     training on the job, including those under the supervision of 
     a college or university or any State department of education.
       ``(2) An establishment providing self-employment on-job 
     training consisting of full-time training for a period of 
     less than six months that is needed or accepted for purposes 
     of obtaining licensure to engage in a self-employment 
     occupation or required for ownership and operation of a 
     franchise that is the objective of the training.
       ``(3) A State board of vocational education.
       ``(4) A Federal or State apprenticeship registration 
     agency.
       ``(5) A joint apprenticeship committee established pursuant 
     to the Act of August 16, 1937, popularly known as the 
     `National Apprenticeship Act' (29 U.S.C. 50 et seq.).
       ``(6) An agency of the Federal Government authorized to 
     supervise such training.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is six months after the 
     date of the enactment of this Act and shall apply to self-
     employment on-job training approved and pursued on or after 
     that date.

     SEC. 3. EXTENSION IN PERIOD OF ELIGIBILITY FOR SURVIVORS' AND 
                   DEPENDENTS' EDUCATION BENEFITS FOR INDIVIDUALS 
                   WHO ARE INVOLUNTARILY ORDERED TO FULL-TIME 
                   NATIONAL GUARD DUTY.

       (a) In General.--Section 3512(h) of title 38, United States 
     Code, is amended by inserting ``or is involuntarily ordered 
     to full-time National Guard duty under section 502(f) of 
     title 32,'' after ``title 10,''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as of September 11, 2001.

[[Page H9306]]

     SEC. 4. EXTENSION OF VETERANS' ADVISORY COMMITTEE ON 
                   EDUCATION.

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

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

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

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

       (a) Exception to Termination of Benefits Upon Remarriage.--
     Section 103(d)(2)(B) of title 38, United States Code, is 
     amended by inserting ``1311 or'' after ``under section''.
       (b) Coordination of Benefits.--Section 1311 of such title 
     is amended by adding at the end the following new subsection:
       ``(e) In the case of an individual who is eligible for 
     dependency and indemnity compensation under this section by 
     reason of section 103(d)(2)(B) of this title who is also 
     eligible for benefits under another provision of law by 
     reason of such individual's status as the surviving spouse of 
     a veteran, then, notwithstanding any other provision of law 
     (other than section 5304(b)3 of this title), no reduction in 
     benefits under such other provision of law shall be made by 
     reason of such individual's eligibility for benefits under 
     this section.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted, if later than the 
     date specified in paragraph (1).
       (d) Retroactive Benefits Prohibited.--No benefit may be 
     paid to any person by reason of the amendment made by 
     subsections (a) and (b) for any period before the effective 
     date specified in subsection (c).
       (e) Application for Benefits.--In the case of an individual 
     who but for having remarried would be eligible for dependency 
     and indemnity compensation under section 1311 of title 38, 
     United States Code, and whose remarriage was before the date 
     of the enactment of this Act and after the individual had 
     attained age 55, the individual shall be eligible for such 
     compensation by reason of the amendment made by subsection 
     (a) only if the individual submits an application for such 
     compensation to the Secretary of Veterans Affairs not later 
     than the end of the one-year period beginning on the date of 
     the enactment of this Act.
       (f) Technical Correction.--Section 101(b) of the Veterans 
     Benefits Act of 2002 (Public Law 107-330; 116 Stat. 2821; 38 
     U.S.C. 103 note) is amended by striking ``during the 1-year 
     period'' and all that follows through ``(c)'' and inserting 
     ``before the end of the one-year period beginning on the date 
     of the enactment of the Veterans Benefits Act of 2003''.

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

       (a) Eligibility.--Section 2402(5) of title 38, United 
     States Code, is amended by striking ``(which for purposes of 
     this chapter includes an unremarried surviving spouse who had 
     a subsequent remarriage which was terminated by death or 
     divorce)'' and inserting ``(which for purposes of this 
     chapter includes a surviving spouse who had a subsequent 
     remarriage)''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to deaths occurring on or after 
     January 1, 2000.

     SEC. 8. PERMANENT AUTHORITY FOR STATE CEMETERY GRANTS.

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

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

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

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

       (a) Increase in Assistance Amount for Specially Adapted 
     Housing.--Section 2102 of title 38, United States Code, is 
     amended--
       (1) in the matter preceding paragraph (1) of subsection 
     (a), by striking ``$48,000'' and inserting ``$50,000''; and
       (2) in subsection (b)(2), by striking ``$9,250'' and 
     inserting ``$10,000''.
       (b) Increase in Amount of Assistance for Automobile and 
     Adaptive Equipment for Certain Disabled Veterans.--Section 
     3902(a) of such title is amended by striking ``$9,000'' and 
     inserting ``$11,000''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply with respect to assistance furnished on 
     or after the date of the enactment of this Act.

     SEC. 11. PRESUMPTIONS OF SERVICE-CONNECTION RELATING TO 
                   DISEASES AND DISABILITIES OF FORMER PRISONERS 
                   OF WAR.

       Subsection (b) of section 1112 of title 38, United States 
     Code, is amended to read as follows:
       ``(b)(1) For the purposes of section 1110 of this title and 
     subject to the provisions of section 1113 of this title, in 
     the case of a veteran who is a former prisoner of war--
       ``(A) a disease specified in paragraph (2) shall be 
     considered to have been incurred in or aggravated by such 
     service, notwithstanding that there is no record of such 
     disease during the period of service; and
       ``(B) if the veteran was detained or interned as a prisoner 
     of war for not less than thirty days, a disease specified in 
     paragraph (3) which became manifest to a degree of 10 percent 
     or more after active military, naval, or air service shall be 
     considered to have been incurred in or aggravated by such 
     service, notwithstanding that there is no record of such 
     disease during the period of service.
       ``(2) The diseases specified in this paragraph are the 
     following:
       ``(A) Psychosis.
       ``(B) Any of the anxiety states.
       ``(C) Dysthymic disorder (or depressive neurosis).
       ``(D) Organic residuals of frostbite, if the Secretary 
     determines that the veteran was interned in climatic 
     conditions consistent with the occurrence of frostbite.
       ``(E) Post-traumatic osteoarthritis.
       ``(3) The diseases specified in this paragraph are the 
     following:
       ``(A) Avitaminosis.
       ``(B) Beriberi (including beriberi heart disease).
       ``(C) Chronic dysentery.
       ``(D) Helminthiasis.
       ``(E) Malnutrition (including optic atrophy associated with 
     malnutrition).
       ``(F) Pellagra.
       ``(G) Any other nutritional deficiency.
       ``(H) Cirrhosis of the liver.
       ``(I) Peripheral neuropathy except where directly related 
     to infectious causes.
       ``(J) Irritable bowel syndrome.
       ``(K) Peptic ulcer disease.''.

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

       (a) Eligible Children.--Subchapter I of chapter 18 of title 
     38, United States Code, is amended by inserting before 
     section 1802 the following new section:

[[Page H9307]]

     ``Sec. 1801. Persons eligible for benefits

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

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

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

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

       (3) The table of sections at the beginning of the chapter 
     is amended--
       (A) by striking the item relating to subchapter I and 
     inserting the following:


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

     and
       (B) by inserting before the item relating to section 1802 
     the following new item:

``1801. Persons eligible for benefits.''.

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

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

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

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

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

       (a) Revised Load Fee Table.--Paragraph (2) of section 
     3729(b) of title 38, United States Code, is amended to read 
     as follows:
       ``(2) The loan fee table referred to in paragraph (1) is as 
     follows:

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


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

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

       (a) Reinstatement.--Subsection (a) of section 3733 of title 
     38, United States Code, is amended by striking paragraph (2).
       (b) Increase in Maximum Percentage.--Paragraph (1) of such 
     subsection is amended--
       (1) by striking ``65 percent'' in the first sentence and 
     inserting ``85 percent'';
       (2) by striking ``may be financed'' and inserting ``shall 
     be financed''; and
       (3) by striking the second sentence.
       (c) Stylistic Amendments.--Such section is further 
     amended--
       (1) by striking ``of this subsection'' after--
       (A) ``paragraph (1)'' in subsections (a)(4)(A), (a)(5), 
     (a)(6), and (c)(2); and
       (B) ``paragraph (5)'' in subsection (a)(4)(B)(i); and
       (2) by striking ``of this paragraph'' each place it appears 
     in subsection (a)(4).

     SEC. 16. RATE OF PAYMENT OF BENEFITS FOR CERTAIN FILIPINO 
                   VETERANS AND THEIR SURVIVORS RESIDING IN THE 
                   UNITED STATES.

       (a) Rate of Payment.--Section 107 of title 38, United 
     States Code, is amended--
       (1) in the second sentence of subsection (b), by striking 
     ``Payments'' and inserting ``Except as provided in subsection 
     (c), payments''; and
       (2) in subsection (c)--
       (A) by inserting ``and subchapter II of chapter 13 (except 
     section 1312(a)) of this title'' after ``chapter 11 of this 
     title'';
       (B) by striking ``in subsection (a)'' and inserting ``in 
     subsection (a) or (b)''; and
       (C) by striking ``of subsection (a)'' and inserting ``of 
     the applicable subsection''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to benefits paid for months beginning after the 
     date of the enactment of this Act.

[[Page H9308]]

     SEC. 17. BURIAL BENEFITS FOR NEW PHILIPPINE SCOUTS RESIDING 
                   IN THE UNITED STATES.

       (a) Benefit Eligibility.--Section 107 of title 38, United 
     States Code, as amended by section 16, is further amended--
       (1) in subsection (b)(2)--
       (A) by striking ``and'' and inserting a comma; and
       (B) by inserting ``, 23, and 24 (to the extent provided for 
     in section 2402(8))'' after ``(except section 1312(a))'';
       (2) in the second sentence of subsection (b), as amended by 
     section 16(a)(1), by inserting ``or (d)'' after ``subsection 
     (c)'';
       (3) in subsection (d)(1), by inserting ``or (b), as 
     otherwise applicable,'' after ``subsection (a)''; and
       (4) in subsection (d)(2), by inserting ``or whose service 
     is described in subsection (b) and who dies after the date of 
     the enactment of the Veterans Benefits Act of 2003,'' after 
     ``November 1, 2000,''.
       (b) National Cemetery Interment.--Section 2402(8) of such 
     title is amended by striking ``section 107(a)'' and inserting 
     ``subsection (a) or (b) of section 107''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply with respect to deaths occurring after 
     the date of the enactment of this Act.

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

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

     SEC. 19. OUTSTATIONING OF TRANSITION ASSISTANCE PROGRAM 
                   PERSONNEL.

       (a) In General.--(1) Chapter 41 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 4113. Outstationing of Transition Assistance Program 
       personnel

       ``(a) Stationing of TAP Personnel at Overseas Military 
     Installations.--(1) The Secretary--
       ``(A) shall station employees of the Veterans' Employment 
     and Training Service, or contractors under subsection (c), at 
     each veterans assistance office described in paragraph (2); 
     and
       ``(B) may station such employees or contractors at such 
     other military installations outside the United States as the 
     Secretary, after consultation with the Secretary of Defense, 
     determines to be appropriate or desirable to carry out the 
     purposes of this chapter.
       ``(2) Veterans assistance offices referred to in paragraph 
     (1)(A) are those offices that are established by the 
     Secretary of Veterans Affairs on military installations 
     pursuant to the second sentence of section 7723(a) of this 
     title.
       ``(b) Functions.--Employees (or contractors) stationed at 
     military installations pursuant to subsection (a) shall 
     provide, in person, counseling, assistance in identifying 
     employment and training opportunities, help in obtaining such 
     employment and training, and other related information and 
     services to members of the Armed Forces who are being 
     separated from active duty, and the spouses of such members, 
     under the Transition Assistance Program and Disabled 
     Transition Assistance Program established in section 1144 of 
     title 10.
       ``(c) Authority to Contract With Private Entities.--The 
     Secretary, consistent with such section 1144, may enter into 
     contracts with public or private entities to provide, in 
     person, some or all of the counseling, assistance, 
     information and services under the Transition Assistance 
     Program required under subsection (a).''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``4113. Outstationing of Transition Assistance Program personnel.''.

       (b) Deadline for Implementation.--Not later than the date 
     that is 90 days after the date of the enactment of this Act, 
     the Secretary of Labor shall implement section 4113 of title 
     38, United States Code, as added by subsection (a), and shall 
     have employees of the Veterans' Employment and Training 
     Service, or contractors, to carry out that section at the 
     military installations involved by such date.

     SEC. 20. FORFEITURE OF BENEFITS FOR SUBVERSIVE ACTIVITIES.

       (a) Addition of Certain Offenses.--Paragraph (2) of section 
     6105(b) of title 38, United States Code, is amended--
       (1) by inserting ``175, 229,'' after ``sections''; and
       (2) by inserting ``831, 1091, 2332a, 2332b,'' after 
     ``798,''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to claims filed after the date of the enactment 
     of this Act.

     SEC. 21. TECHNICAL AMENDMENTS RELATED TO JOBS FOR VETERANS 
                   ACT.

       (a) Job Training and Placement Functions of the Department 
     of Labor.--(1) Subsection (c)(2)(B)(ii) of section 4102A of 
     such title is amended by striking ``October 1, 2002'' and 
     inserting ``October 1, 2003''.
       (2) The amendment made by paragraph (1) shall take effect 
     as if included in the enactment of section 4(a) of the Jobs 
     for Veterans Act (Public Law 107-288; 116 Stat. 2038).
        (b) Other Technical Amendments.--(1) Such subsection is 
     further amended by striking ``, as amended by the Jobs for 
     Veterans Act''.
       (2) Subsection (f)(1) of such section is amended by 
     striking ``6 months after the date of the enactment of this 
     section,'' and inserting ``May 7, 2003,''.

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

       Title 38, United States Code, is amended as follows:
       (1) Section 1322 is amended--
       (A) in subsection (a), by striking ``Secretary of Health 
     and Human Services'' and all that follows through the period 
     and inserting ``Commissioner of Social Security, and shall be 
     certified by the Commissioner to the Secretary upon request 
     of the Secretary.''; and
       (B) in subsection (b)--
       (i) by striking ``Secretary of Health and Human Services'' 
     in the first sentence and inserting ``Commissioner of Social 
     Security'';
       (ii) by striking ``the two Secretaries'' and inserting 
     ``the Secretary and the Commissioner''; and
       (iii) by striking ``Secretary of Health and Human 
     Services'' in the second sentence and inserting 
     ``Commissioner''.
       (2) Section 5101(a) is amended by striking ``Secretary of 
     Health and Human Services'' and inserting ``Commissioner of 
     Social Security''.
       (3) Section 5317 is amended by striking ``Secretary of 
     Health and Human Services'' in subsections (a), (b), and (g) 
     and inserting ``Commissioner of Social Security''.
       (4)(A) Section 5318 is amended--
       (i) in subsection (a), by striking ``Department of Health 
     and Human Services'' and inserting ``Social Security 
     Administration''; and
       (ii) in subsection (b)--
       (I) by striking ``Department of Health and Human Services'' 
     and inserting ``Social Security Administration'';
       (II) by striking ``Secretary of Health and Human Services'' 
     the first place it appears and inserting ``Commissioner of 
     Social Security'';
       (III) by striking ``Secretary of Health and Human 
     Services'' the second place it appears and inserting 
     ``Commissioner''; and
       (IV) by striking ``such Secretaries'' and inserting ``the 
     Secretary and the Commissioner''.
       (B)(i) The heading of such section is amended to read as 
     follows:

     ``Sec. 5318. Review of Social Security Administration death 
       information''.

       (ii) The item relating to that section in the table of 
     sections at the beginning at chapter 53 is amended to read as 
     follows:

``5318. Review of Social Security Administration death information.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentleman from Illinois (Mr. Evans) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Smith).
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, H.R. 2297 as amended, the Veterans Benefit Act of 2003, 
contains 20 substantive provisions and is a diverse and comprehensive 
measure with very broad bipartisan support.

                              {time}  1215

  This bill will affect veterans and survivors alike.
  Among the education provisions, the bill provides for an expansion of 
the Montgomery GI Bill, the college program, by authorizing educational 
assistance for on-job training in certain 6-month self-employment 
training programs. It provides an extension of the delimiting date for 
survivors' and dependents' education benefits when the eligible 
individual is involuntarily ordered to full-time National Guard duty. 
It provides for an extension of the VA's Veterans' Advisory Committee 
on education through December 31 of 2009 and for the repeal of the VA's 
obsolete education loan program authorization. This program has not 
made a loan in the past several years because of other better options 
in the public and private sector.
  The bill would also provide that the remarriage of the surviving 
spouse of a veteran after attaining the age of 55 would not result in 
the termination of Dependency and Indemnity Compensation, or the DIC 
program. It allows a remarried surviving spouse to attain eligibility 
for burial in a national cemetery based on his or her marriage to a 
veteran. It makes permanent the State Cemetery Grants Program. It 
reinstates a VA pilot program to provide vocational training to newly 
eligible VA nonservice-connected pension recipients.
  It increases, Mr. Speaker, the specially adapted automobile grant 
from $9,000 to $11,000 and increases the specially adapted housing 
grant from $48,000 to $50,000 for the most severely disabled veterans 
and from $9,350 to $10,000 for less severely disabled veterans.

[[Page H9309]]

  The bill also adds cirrhosis of the liver to the list of presumed 
service-connected disabilities for former prisoners of war.
  It eliminates the requirement that a POW be held for 30 days or more 
to qualify for presumptions of service-connection for certain 
disabilities: psychosis and any of the anxiety states, organic 
residuals of frostbite, and post-traumatic osteoarthritis.
  It expands benefits eligibility to those children with spina bifida 
who were born to Vietnam-era veterans who served in an area of Korea 
near the demilitarized zone between October 1 of 1967 and May 7 of 
1975.
  Out of concern about spina bifida, Mr. Speaker, I would note 
parenthetically that the gentleman from Michigan (Mr. Stupak) and I 
formed the Congressional Spina Bifida Caucus, which we now co-chair. 
This caucus is dedicated to improving the health care and overall 
quality of life for the some 70,000 Americans and their families living 
with spina bifida, and in a very short time I would again note to my 
colleagues we have about 20 Members who have joined. And just a little 
push here in promotion, if they would like to join that spina bifida 
caucus, we would very much like to have them as part of it.
  Let me continue with the bill.
  H.R. 2297, as amended, would also make permanent the VA home loan 
program for members of the Selected Reserve. It reinstates the 
Department of Veterans Affairs' vendee loan program and provides the 
full amount of compensation and Dependency and Indemnity Compensation 
for eligible members of the New Philippine Scouts, who served just 
after World War II, who are legal residents of the United States. It 
also provides the full amount of DIC for service in the organized 
military forces of the Commonwealth of the Philippines, including 
organized guerrilla units, to individuals who are legal residents of 
the United States. It extends eligibility for burial in a national 
cemetery to New Philippine Scouts, as well as eligibility for burial 
benefits to those who lawfully reside in the United States. It extends 
the authority of the Secretary of Veterans Affairs to maintain a 
regional office in Manila, Philippines, through December 31 also of 
2009.
  It mandates that the Department of Labor place staff in veterans' 
assistance offices at oversees military installations 90 days after the 
date of enactment, and it expands the list of serious Federal criminal 
offenses a conviction of which would result in a bar to all VA 
benefits.
  As I mentioned, Mr. Speaker, the bill addresses the needs for former 
prisoners of war. Current law requires former POWs to have been 
confined for at least 30 days before they qualify for a presumption of 
service-connection for certain disabilities. Prisoners of war in more 
recent conflicts, however, have been interred for shorter periods of 
time. All the POWs from Operation Iraqi Freedom were confined for less 
than 30 days, for example.
  Because physical and psychological trauma can indeed occur within 
minutes of capture, let alone days or weeks, H.R. 2297, as amended, 
would provide a presumption of service-connection disability without 
regard to length of confinement for certain psychiatric disabilities as 
well as cold-weather-related injuries and traumatic osteoarthritis.
  The bill would also, as I said, add a number of other aspects, and I 
hopefully have outlined those adequately to the committee.
  Let me just say, finally, Mr. Speaker, I really want to congratulate 
the gentleman from South Carolina (Mr. Brown), the subcommittee chair 
of our Subcommittee on Benefits, and the gentleman from Maine (Mr. 
Michaud), his ranking member, for their outstanding work on this 
legislation, for doing the hard work, holding the hearings, working out 
all the different disparate provisions, and then working to bring it 
together in a bipartisan way so that we can present to this body a bill 
that we can all be proud of that will tangibly advance the ball when it 
comes to our veterans. I want to thank them very much for their good 
hard work and also the gentleman from Illinois (Mr. Evans), my good 
friend and colleague, on whom we have partnered for years now as 
chairman and ranking member, working on bills to benefit our veterans 
both on the health care area and benefits area. I want to thank him as 
well.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MICHAUD. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of H.R. 2297, the 
Veterans Benefits Act of 2003. I would like to thank the gentleman from 
New Jersey (Chairman Smith) and the gentleman from Illinois (Mr. 
Evans), ranking member, for their leadership on the full committee on 
this important measure.
  I would also like to thank personally the gentleman from South 
Carolina (Chairman Brown) for his leadership and professionalism on our 
subcommittee as well as staff on both sides of the aisle who have 
worked so hard during this session.
  The Veterans Benefits Package of 2003 includes provisions drawn from 
many bills considered by the Subcommittee on Benefits this year. I am 
especially pleased that this legislation includes bills introduced by 
Members of both sides of the aisle.
  Our Nation's service members and veterans have earned, and their 
family deserve, all the benefits provided under H.R. 2297. Indeed, they 
deserve so much more as well. I am pleased that this package takes a 
strong step in the right direction.
  Mr. Speaker, I am proud to sponsor many of the measures that were 
incorporated in H.R. 2297, including provisions aimed to equalize home 
loan benefits for members of the Guard and Reserve, improve veterans' 
education benefits, enhance self-employment opportunities, and expand 
employment counseling and job search assistance for service members 
returning to civilian life after separating from military installations 
overseas.
  H.R. 2297 provides for more equitable and rational treatment of 
surviving spouses and Filipino World War II veterans, which I fully 
support. It allows former prisoners of war to qualify for certain 
presumptions of service-connection and adds cirrhosis of the liver to 
the disease considered presumptively disabling for POWs. It also allows 
the Gold Star Wives to remarry after age 55 without losing the 
Dependency and Indemnity Compensation benefits which they currently 
receive.
  This measure is long overdue.
  Mr. Speaker, the provisions in this package will benefit the service 
members and veterans from my State of Maine and all around the country. 
It will also help others. I fully support H.R. 2297 and urge my 
colleagues to do the same.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may 
consume to the gentleman from South Carolina (Mr. Brown), our 
distinguished chairman of the Subcommittee on Benefits, and again I 
want to thank him for his good work on this bill.
  Mr. BROWN of South Carolina. Mr. Speaker, the chairman has done a 
great job in explaining the bill under consideration. As chairman of 
the Subcommittee on Benefits, I would like to take this opportunity to 
thank a few members of the House Committee on Veterans' Affairs for 
their hard work.
  We would not be considering this bill today without the bipartisan 
spirit of the Subcommittee on Benefits. The gentleman from Maine (Mr. 
Michaud), ranking member, and I have established a strong working 
relationship, a relationship built on what is best for our service 
members, veterans, and their families. Likewise, we enjoy strong 
participation from the subcommittee members, and I would like to thank 
them for their support and dedication.
  We are very fortunate to have the gentleman from New Jersey's 
(Chairman Smith) vision and leadership at the full committee level. As 
a member of the committee for more than 20 years, he clearly 
understands how important these benefit programs are to deserving 
veterans.
  Likewise, the gentleman from Illinois (Mr. Evans) has been a strong 
advocate for our military throughout his congressional career.
  I am pleased to serve on this committee, which brings to the floor, 
year in and year out, such quality legislation.
  Lastly, Mr. Speaker, I want to commend the gentleman from Florida 
(Mr.

[[Page H9310]]

Bilirakis) for his dedication to the surviving spouses of our active-
duty service members and veterans. I have been a strong supporter of 
allowing these widows and widowers to marry and still retain their 
dependency and indemnity compensation. I am pleased this subcommittee 
was able to identify the offsets necessary to include this provision in 
H.R. 2297, as amended.
  As the chairman indicated, the gentleman from Florida (Mr. Bilirakis) 
has introduced his bill to help widows in seven Congresses. I 
appreciate his patience with the process. As my colleagues may 
remember, the House passed this provision in legislation in the 107th 
Congress. I intend to work with my colleagues in the other body to 
ensure that this provision is retained during negotiations on the final 
version of the benefits package for the first session of the 108th 
Congress. Many survivors in the First District of South Carolina will 
benefit, as well as military survivors in all 50 States.
  H.R. 2297, as amended, contains more than 20 provisions which would 
enhance, improve, or extend benefits to our most deserving veterans, 
those who put their lives on the line daily defending our homeland. I 
am proud to serve on the authorizing committee overseeing these 
benefits, and I urge my colleagues to support this bill.
  Mr. MICHAUD. Mr. Speaker, I yield 3 minutes to the gentleman from 
Illinois (Mr. Evans), ranking member of the full committee, a gentleman 
who has fought for veterans issues as long as he has been in Congress.
  Mr. EVANS. Mr. Speaker, I thank the gentleman for yielding me this 
time and for his fine work on the Subcommittee on Benefits package this 
year.
  Mr. Speaker, I rise in strong support of H.R. 2297, a legislative 
package encompassing a number of important measures that help our 
veterans.
  I would like to take the time to recognize the gentleman from New 
Jersey (Mr. Smith), chairman of the full committee, who has done a 
great job working hand in hand together. As we get back in session, we 
have got a few things to cover, and I look forward to working with him 
on that.
  I want to thank the gentleman from South Carolina (Mr. Brown), Mr. 
Speaker, for his hard work in bringing this important legislation to 
the floor. This has been truly a bipartisan effort.
  I am very proud to have been an original cosponsor of this package. I 
am pleased that this bill incorporates a number of measures from bills 
I have introduced. I am also pleased that it has included provisions to 
provide long-term, overdue benefits to our Gold Star Wives and 
Filippino veterans.
  Mr. Speaker, H.R. 2297 is a good bill, and I urge all Members to show 
their support for our troops and veterans by voting for it.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may 
consume to the gentleman from Florida (Mr. Bilirakis) who is the vice 
chairman of the committee and has been, and as the gentleman from South 
Carolina (Mr. Brown) pointed out, seven times he has now tried to get 
the Gold Star Wives' compensation not lost if they were to remarry, and 
this time we have it in the bill. Last year when we sent it over to the 
Senate, we lost it, but this time I think the seventh time is the 
charm, and I thank him for his leadership.
  Mr. BILIRAKIS. Mr. Speaker, I thank the gentleman for yielding me 
this time.
  I, too, rise in strong support of the bill. It addresses, in addition 
to many other things that it does, an issue that I have been working on 
for a number of years, and I thank my colleagues sincerely for their 
recognition of those efforts.
  Dependency and Indemnity Compensation, DIC, as others have already 
said, is a benefit accorded to the surviving dependents of those of the 
Armed Forces who died while on active duty or of a service-connected 
cause. Who would argue that this benefit is undeserved? I have always 
felt that their sacrifices even exceed, even exceed, those of the 
service member.
  DIC is the only Federal annuity program that does not allow a widow 
who is receiving compensation to remarry at an older age and retain her 
annuity. Earlier this year I reintroduced legislation which provides 
that the remarriage of the surviving spouse of a veteran after age 55 
shall not result in termination of Dependency and Indemnity 
Compensation. I have heard, as I am sure most of us, from military 
widows from across the country who have found someone they would like 
to spend the rest of their lives with but cannot afford to do so 
because of the current law. They have expressed deep frustrations about 
not being able to remarry. Many of these women lost their husbands at a 
very young age and have been alone for a long time. They have finally 
found someone to share their lives with, but they are afraid to remarry 
because they will lose their DIC benefits.
  I think it is a wonderful thing if an older person finds 
companionship, falls in love, and decides to marry. I do not think we 
should be discouraging such marriages by making them financially 
burdensome.

                              {time}  1230

  For those remarrying after the age of 55, it is often the case that 
both partners are living on fixed incomes. The prospect of one partner 
losing financial benefits as a result of the marriage is a real 
disincentive. In fact, current law makes it virtually impossible for 
some couples to marry after age 55 because they simply cannot afford to 
do so and continue to support themselves.
  Mr. Speaker, I would like so very much to thank the gentleman from 
New Jersey (Chairman Smith); the ranking member, the gentleman from 
Illinois (Mr. Evans); the Subcommittee on Benefits chairman, the 
gentleman from South Carolina (Mr. Brown); and the subcommittee ranking 
member, the gentleman from Maine (Mr. Michaud) for working with me to 
include, finally, DIC remarriage provisions in this legislation, H.R. 
2297.
  I urge my colleagues to support the bill before us today.
  Mr. MICHAUD. Mr. Speaker, I yield 3 minutes to the gentleman from 
Illinois (Mr. Davis).
  Mr. DAVIS of Illinois. Mr. Chairman, I want to thank the gentleman 
from Maine (Mr. Michaud) for yielding me time. I also want to commend 
the chairman of the Committee on Veterans' Affairs, the gentleman from 
New Jersey (Chairman Smith), and the ranking member, my good friend and 
neighbor, the gentleman from Illinois (Mr. Evans), for the outstanding 
leadership that they continue to provide as we try and make sure that 
our veterans receive the benefits that they are indeed due.
  I represent a district that has a number of very core veterans' 
facilities. I have three Veterans' Administration hospitals in my 
district, as well as a residence. Unfortunately, one is slated to be 
closed. But we have a large number of veterans who are always seeking 
services.
  Particularly, I want to mention the addition of cirrhosis of the 
liver to the list of service-connected disabilities, which I think is 
so important, and also the provision of services for the Filipino 
scouts. I have a very active Filipino community and group of 
individuals who lobby me consistently about the role that the Filipinos 
played in giving assistance to this country. They deserve to, in fact, 
be included, and I am just simply delighted to see those additions.
  So, again, I want to commend the Committee on Veterans' Affairs under 
the leadership of Chairman Smith and the ranking member, the gentleman 
from Illinois (Mr. Evans), for the services that they provide to all of 
us as we provide benefits to our veterans, who have given so much to 
our country.
  Mr. MICHAUD. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, before yielding back, I do want 
to thank and commend the hard work of committee staff, Devon Seibert, 
Paige McManus, Darryl Kehrer, Patrick Ryan, Kingston Smith, Jim Holley, 
Mary Ellen McCarthy, Geoffrey Collver, Leah Booth and so many others 
who have made this legislation and all the bills that we work 
cooperatively on with my friend and colleague, the gentleman from 
Illinois (Mr. Evans), to bring to the floor what we think are quality, 
well-vetted, very thoughtful pieces of legislation that make the 
difference in the lives of veterans and their families.
  This is another example of that kind of cooperation. This is the way 
this

[[Page H9311]]

body should work, and it is so good to see us again working hand-in-
glove in this partnership. Again, I want to thank the gentleman from 
South Carolina (Mr. Brown) and the gentleman from Maine (Mr. Michaud) 
for their good work as chairman and ranking member of the subcommittee. 
I urge all Members to support this bill.
  Mrs. WILSON of New Mexico. Mr. Speaker, I rise today in support of 
H.R. 2297. Within the bill there is a provision which is very special 
to me personally.
  Millions of men and women have served honorably in the United States 
military. One of the promises we make to veterans is that they may be 
laid to rest in a national cemetery, if they so choose, and that their 
spouse can be buried with them.
  Today there are 26 million living United States veterans. Behind each 
of these veterans is a husband or wife who has carried a greater burden 
than most of us ask our husbands or wives to carry. These spouses are 
just as important to our Nation as the veterans to whom they are, and 
were, married. But there is a glitch in the law which denies them their 
right, as the surviving spouse of a veteran, to be buried in a national 
cemetery with their husband or wife, in some circumstances.
  The law also says that if a veteran's spouse dies and he or she 
remarries, both spouses are eligible for burial in a national cemetery. 
But, if a veteran dies and the spouse remarries a non-veteran, the 
spouse can't be buried with their first spouse in a national cemetery. 
It is this problem that this bill, H.R. 2297, seeks to remedy.
  Kay Brown is a constituent of mine. She told me the story of her 
mother, Francis Gilkerson.
  E.T. Gilkerson met and married Kay Brown's mother, Francis, some 66 
years ago. It was during World War II and E.T. signed up as an enlisted 
volunteer for the Air Force. He was an X-Ray technician stationed in 
Fresno, California, for three years. After he got out of the service, 
he and Francis were married for 56 years until he died at the age of 84 
in 1993.
  Some years went by and Francis met an 80-year-old fellow who was also 
a widower and a neighbor in the mobile home park where they both lived. 
The two of them were both very lonely and they found comfort and 
friendship in each others company. Francis was of a generation who 
would never consider living with somebody unless they were married. She 
was very concerned that she should be buried with her first husband and 
did not want to get married for a second time if that right was to be 
taken away from her. So Kay contacted the local VA on her mother's 
behalf to check. According to Kay, the VA asked her if her mother and 
father were still married at the time of his death. The answer was 
``yes,'' and the VA said that it wouldn't be a problem for Kay's mom to 
be buried at the national cemetery in Santa Fe.
  Francis married her second husband and lived very happily until her 
death in September of 2000. When Kay Brown was at the mortuary making 
arrangements for her mothers' cremation, the mortician asked her where 
she was to be buried. Kay said that she was to be buried at the 
national cemetery in Santa Fe with her husband of 56 years. The 
mortician shook his head and said that wasn't possible because her 
second husband was not a veteran.
  When Kay called the VA again after her mother's death, they told her 
that the law prohibited her mother from being buried with her father 
because she had remarried a non-veteran who was living when Kay's mom 
died.
  The VA gave Kay the wrong information when she first asked, and their 
error has caused heartache for Kay and her family. But the prohibition 
is in the law.
  The ashes of Kay's mother, Francis, are still in a closet at Kay's 
house. But there are thousands of other widows and widowers in the same 
situation. The law gives the surviving veteran's spouse (many of them 
elderly women) a Hobson's choice: live alone in order to keep your 
burial right, or give up your right to be buried with your first 
spouse, to have companionship in your sunset years.
  H.R. 2297 would allow surviving spouses to remarry and still be 
buried in a national cemetery with their first spouse if they choose.
  Mr. FILNER. Mr. Speaker, I rise today in support of H.R. 2297, the 
Veterans Benefits Act of 2003. This bill contains many improvements in 
the benefits for our Nation's veterans and for their survivors and 
dependents.
  One important provision of this legislation that I would like to 
highlight will positively affect many Filipino veterans of World War II 
who are living in the United States, as well as their survivors. Many 
of my colleagues know that in 1946, Congress unfairly rescinded the 
benefits of many Filipino veterans and cut in half the benefits of many 
others--those who were service-connected disabled veterans. This 
limitation on compensation benefits was intended to reflect the 
difference in the cost of living between the Philippines and the United 
States.
  But in the 60 years since World War II, a large number of Filipino 
veterans and their dependents have immigrated to our country. As 
citizens or permanent residents, these disabled Filipino veterans face 
living expenses comparable to those of United States veterans. Limiting 
their benefits has caused hardships for these disabled veterans and for 
their survivors who are receiving DIC (disability indemnity 
compensation). To fix this inequity, this bill eliminates the ``50 
cents on the dollar amount'' that they are currently receiving and 
restores full payment of their compensation benefits.
  In addition, it extends burial benefits in national cemeteries for 
the Filipino World War II veterans living in the United States who, to 
this date, did not have these benefits--namely, the New Philippine 
Scouts. And the bill provides other in-kind and monetary burial 
benefits to these deserving veterans.
  I am elated that, with this legislation, my colleagues are addressing 
the 60-year-long injustice to Filipino soldiers who lived in a 
territory of the United States and fought side-by-side with our 
soldiers from the mainland during World War II. Without their vital 
participation in this war, the outcome might have been entirely 
different!
  Combined with H.R. 2357, which has passed the House and which 
improves access to VA medical facilities for Filipino World War II 
veterans who live in the United States, we are clearly making progress. 
I sincerely thank the Chairman of the House Veterans Affairs Committee 
(Mr. Smith) and the Chairmen and Ranking Members of the House VA 
Benefits and Health Subcommittees (Mr. Simmons, Mr. Brown, Mr. 
Rodriguez, and Mr. Michaud) for their assistance in putting these bills 
forward. And a special thank you to my colleague, VA Committee Ranking 
Member Lane Evans who, with me, at a Veterans Town Hall Meeting in San 
Diego County ten years ago, heard first-hand the moving story of the 
injustices affecting Filipino World War II veterans, voted into law by 
the 1946 Congress. We heard this story from one veteran who had 
survived the Bataan Death March. From that moment, he has been my ally 
in this fight to restore justice and equity. I thank him for his 
unfailing support.
  My colleagues, please join me in voting for H.R. 2297.
  Ms. CORRINE BR0WN of Florida. Mr. Speaker, H.R. 2297, the Veterans 
Benefits Act of 2003, would expand the Montgomery GI Bill program to 
provide veterans considering self-employment with improved access to 
training benefits, including training related to franchises. Allowing 
veterans to use their MGIB benefit in this manner gives the flexibility 
necessary so that veterans can pursue an educational path that best 
suits their talents and interests.
  Additionally, this legislation would allow a surviving spouse of a 
veteran to be eligible for burial in a VA national cemetery regardless 
of the status of a subsequent marriage. In many cases, the veteran's 
children and grandchildren, and often the most recent spouse of the 
veteran, support this burial eligibility.
  This legislation also makes important strides in including more 
disabilities as service-connected. The VA Advisory Committee on Former 
Prisoners of War recommended that the original 30-day requirement for 
service-connection be eliminated for all psychiatric conditions, cold 
weather related injuries and post traumatic arthritis. No durational 
criteria exist for post-traumatic stress syndrome or frostbite. PTSD is 
common in former prisoners of war. And frostbite can occur within hours 
if the temperature is low enough. Post-traumatic arthritis is a 
condition that comes from trauma--which can occur in seconds. Removing 
the 30-day requirement is the right thing to do in order to make these 
disabilities presumptive.
  H.R. 2297 also expands benefits eligibility to children with spina 
bifida who were born to veterans who served in an area of Korea near 
the demilitarized zone between October 1, 1967 and May 7, 1975. The 
Department of Defense estimates that approximately 12,056 service 
members were potentially exposed to Agent Orange and other herbicides 
while serving in the Republic of Korea between 1968 and 1969. This 
legislation is similar to other legislation that covers the children of 
members of the Armed Forces that serve in Vietnam.
  This legislation also provides for uniformity of home loan guaranty 
fees between reserve and active duty members of the Armed Forces. 
Reservists have traditionally been paying a funding fee that is 75 
percent higher than active duty members, although reservists have a 
lower foreclosure rate than other loan guaranty beneficiaries.
  H.R. 2297 includes many other benefits that will help us to meet our 
veterans' needs. This is a step in the right direction. However, time 
and time again, our veterans' needs are being ignored.
  Not only do America's veterans face issues with concurrent receipt, 
but they also face long waiting periods to see a VA doctor and 
prescription drug copayments. Also, VA still

[[Page H9312]]

needs $1.8 billion to bring the fiscal year 2004 appropriation to the 
level set forth by the Budget Resolution. Where are our priorities?
  On average, 14,000 veterans have been waiting more than 15 months for 
their disability claims to be finalized. And 200,000 veterans wait for 
six months or more for an appointment at VA hospitals. This shabby 
treatment of our veterans is intolerable. If we can come up with an $87 
billion supplemental appropriation for the war in Iraq, in addition to 
the $63 billion already provided by Congress, then surely we can give 
VA the $1.8 billion that is necessary to minimally provide for our 
veterans. We should be ashamed of ourselves.
  At this time, more than every, we need to show our veterans that we 
appreciate them. We first need to pass H.R. 2297, the Veterans Benefits 
Act of 2003; then we need to give VA the $1.8 billion it still needs to 
bring the fiscal year 2004 appropriation to the level set forth by the 
Budget Resolution. Our veterans should not have to come begging at our 
doors.
  Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I rise today to state my 
support of H.R. 2297. Coming from the First District of Virginia, where 
roughly 100,000 military veterans live, it goes without saying that 
this legislation is of enormous importance. For that reason, I want to 
commend Chairman Chris Smith, Ranking Member Lane Evans, and their 
hard-working colleagues and staff on the House Veterans Affairs 
Committee for getting this bill to us on the floor today. I would also 
like to share some observations about a few aspects of the bill.
  I am pleased that H.R. 2297 restores the Dependency and Indemnity 
Compensation (DIC) benefit to those who wish to remarry after 55 years 
of age. As many of my constituents know, DIC is a monthly benefit paid 
to surviving spouses of uniformed service members who die either in the 
line of duty or from a service-connected disability. Until this bill 
reaches the President for enactment, eligible survivors who remarry 
after 55 will continue to lose this benefit.
  I am also pleased that H.R. 2297 restores some equity in education 
benefits for those National Guard members who are eligible for Title 38 
survivors and dependents education benefits, bringing them in line with 
their Reserve counterparts. Presently, only Title 38-eligible 
Reservists, who have been activated post-9/11, have the end date of 
their eligibility extended by a period equal to the length of the call-
up period plus 4 months. H.R. 2297 offers the same extension to 
eligible members of the Guard.
  Finally, I want to commend the committee for expanding Montgomery GI 
Bill education benefits for self-employment training for veterans and 
disabled veterans. H.R. 2297 would authorize educational assistance 
benefits for on-job training of less than six months in specified self-
employment training programs. Under the Veterans Entrepreneurship and 
Small Business Development Act (Public Law 106-50), Federal agencies 
are required to support self-employment for veterans directly and 
through partnerships with the private sector. H.R. 2297 would improve 
access to related training benefits.
  In the present atmosphere, in which many members are having the 
sincerity of their commitment to fairness for veterans questioned, it 
is reassuring to see that dedicated people like my colleagues, Chairman 
Smith and Ranking Member Evans, are bringing their efforts to bear on 
behalf of veterans in a way that should clearly have a positive impact. 
I now look forward to the Senate acting on this legislation to expedite 
its passage.
  Ms. BORDALLO. Mr. Speaker, I rise today in support of H.R. 2297, a 
bill that will significantly improve the quality of benefits offered to 
Guam's veterans.
  In addition to offering enhanced education, disability and home loan 
benefits to veterans and their families. H.R. recognizes the efforts of 
veterans of the Philippine Commonwealth Army or new Philippine Scouts 
by ensuring their right to be buried at Arlington National Cemetery. I 
am pleased that H.R. 2297 will honor these brave soldiers whose 
contributions helped secure victory in the Pacific.
  Mr. Speaker, it is important that we demonstrate to our men and women 
in uniform our nation's continued commitment to members of the armed 
services, past, present and future. I am committed to improve the 
conditions of veterans in Guam. They need access to affordable housing 
and vocational training. Disabled veterans need assistance that 
recognizes the struggle of daily life they must endure for having 
served their country.
  I commend Chairman Smith and Ranking Member Evans for their 
leadership on this important legislation that will reiterate our 
nation's commitment to veterans. I look forward to reporting to the 
people of Guam that this legislation has become law and that we have 
taken another step in honoring our commitment to veterans.
  Mr. REYES, Mr. Speaker, I rise today in support of H.R. 2297, the 
Veterans Benefits Act of 2003. This bill will provide an overdue 
expansion of several benefits already available to many veterans.
  Mr. Speaker I have long been an advocate for expansion of benefits to 
those veterans who suffered as a result of environmental exposures 
during military service. Because we now have the acknowledgment from 
the Department of Defense that Agent Orange and other similar 
herbicides were used near the Korean Demilitarized Zone (DMZ) in the 
late 1960's, this bill will allow the children of veterans who were 
exposed to herbicides in Korea to receive the same benefits from the 
Department of Veterans' Affairs (VA) as those provided for children 
whose parents were exposed in Vietnam.
  As you know, the members of the 507th Maintenance Company that were 
recently interned as prisoners of war in Iraq hailed from the district 
that I represent. This situation impacted our entire community. I am 
proud to say that as a member of the House Veterans Affairs Committee, 
I pushed for the removal of the 30-day internment requirement for 
former prisoners of war (POWs) with certain presumptive service-
connection disabilities. These disabilities suffered by these POWs may 
have occurred within minutes or hours of their internment. I am glad 
that this issue will be addressed and included in this legislation. Mr. 
Speaker, this is merely a small recognition of former POWs who deserve 
more that what we are providing for them.
  Mr. Speaker, I would like to thank the Chairman and sponsor of this 
bill, Mr. Chris Smith, as well as Ranking Member Lane Evans for working 
with me and for the rapid consideration of this important legislation. 
I strongly urge my colleagues to join me in support of passage of this 
bill.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mr. Culberson). The question is on the 
motion offered by the gentleman from New Jersey (Mr. Smith) that the 
House suspend the rules and pass the bill, H.R. 2297, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. SMITH of New Jersey. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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