Congressional Record, Volume 149 Issue 169 (Thursday, November 20, 2003)

[Congressional Record Volume 149, Number 169 (Thursday, November 20, 2003)]
[House]
[Pages H11705-H11722]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

{time} 1500
VETERANS BENEFITS ACT OF 2003

Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and
concur in the Senate amendment to the bill (H.R. 2297) to amend title
38, United States Code, to improve benefits under laws administered by
the Secretary of Veterans Affairs, and for other purposes.
The Clerk read as follows:

Senate amendment:
Strike out all after the enacting clause and insert:

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 for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.

TITLE I--SURVIVOR BENEFITS

Sec. 101. Retention of certain veterans survivor benefits for surviving
spouses remarrying after age 57.
Sec. 102. Benefits for children with spina bifida of veterans of
certain service in Korea.
Sec. 103. Alternative beneficiaries for National Service Life Insurance
and United States Government Life Insurance.
Sec. 104. Payment of benefits accrued and unpaid at time of death.

TITLE II--BENEFITS FOR FORMER PRISONERS OF WAR AND FOR FILIPINO
VETERANS

Subtitle A--Former Prisoners of War

Sec. 201. Presumptions of service-connection relating to diseases and
disabilities of former prisoners of war.NOTICE

If the 108th Congress, 1st Session, adjourns sine die on or before
November 22, 2003, a final issue of the Congressional Record for
the 108th Congress, 1st Session, will be published on Monday,
December 15, 2003, in order to permit Members to revise and extend
their remarks.
All material for insertion must be signed by the Member and
delivered to the respective offices of the Official Reporters of
Debates (Room HT-60 or S-410A of the Capitol), Monday through
Friday, between the hours of 10:00 a.m. and 3:00 p.m. through
Friday, December 12, 2003. The final issue will be dated Monday,
December 15, 2003, and will be delivered on Tuesday, December 16,
2003.
None of the material printed in the final issue of the
Congressional Record may contain subject matter, or relate to any
event that occurred after the sine die date.
Senators' statements should also be submitted electronically,
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Members of the House of Representatives' statements may also be
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Members of Congress desiring to purchase reprints of material
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contacting the Office of Congressional Publishing Services, at the
Government Printing Office, on 512-0224, between the hours of 8:00
a.m. and 4:00 p.m. daily.
By order of the Joint Committee on Printing.

ROBERT W. NEY, Chairman.

[[Page H11706]]

Subtitle B--Filipino Veterans

Sec. 211. Rate of payment of benefits for certain Filipino veterans and
their survivors residing in the United States.
Sec. 212. Burial benefits for new Philippine Scouts residing in the
United States.
Sec. 213. Extension of authority to maintain regional office in the
Republic of the Philippines.

TITLE III--EDUCATION BENEFITS, EMPLOYMENT PROVISIONS, AND RELATED
MATTERS

Sec. 301. Expansion of Montgomery GI Bill education benefits for
certain self-employment training.
Sec. 302. Increase in rates of survivors' and dependents' educational
assistance.
Sec. 303. Restoration of survivors' and dependents' education benefits
of individuals being ordered to full-time National Guard
duty.
Sec. 304. Rounding down of certain cost-of-living adjustments on
educational assistance.
Sec. 305. Authorization for State approving agencies to approve certain
entrepreneurship courses.
Sec. 306. Repeal of provisions relating to obsolete education loan
program.
Sec. 307. Six-year extension of the Veterans' Advisory Committee on
Education.
Sec. 308. Procurement program for small business concerns owned and
controlled by service-disabled veterans.
Sec. 309. Outstationing of Transition Assistance Program personnel.

TITLE IV--HOUSING BENEFITS AND RELATED MATTERS

Sec. 401. Authorization to provide adapted housing assistance to
certain disabled members of the Armed Forces who remain
on active duty.
Sec. 402. Increase in amounts for certain adaptive benefits for
disabled veterans.
Sec. 403. Permanent authority for housing loans for members of the
Selected Reserve.
Sec. 404. Reinstatement of minimum requirements for sale of vendee
loans.
Sec. 405. Adjustment to home loan fees.
Sec. 406. One-year extension of procedures on liquidation sales of
defaulted home loans guaranteed by the Department of
Veterans Affairs.

TITLE V--BURIAL BENEFITS

Sec. 501. Burial plot allowance.
Sec. 502. Eligibility of surviving spouses who remarry for burial in
national cemeteries.
Sec. 503. Permanent authority for State cemetery grants program.

TITLE VI--EXPOSURE TO HAZARDOUS SUBSTANCES

Sec. 601. Radiation Dose Reconstruction Program of Department of
Defense.
Sec. 602. Study on disposition of Air Force Health Study.
Sec. 603. Funding of Medical Follow-Up Agency of Institute of Medicine
of National Academy of Sciences for epidemiological
research on members of the Armed Forces and veterans.

TITLE VII--OTHER MATTERS

Sec. 701. Time limitations on receipt of claim information pursuant to
requests of Department of Veterans Affairs.
Sec. 702. Clarification of applicability of prohibition on assignment
of veterans benefits to agreements requiring payment of
future receipt of benefits.
Sec. 703. Six-year extension of Advisory Committee on Minority
Veterans.
Sec. 704. Temporary authority for performance of medical disabilities
examinations by contract physicians.
Sec. 705. Forfeiture of benefits for subversive activities.
Sec. 706. Two-year extension of round-down requirement for compensation
cost-of-living adjustments.
Sec. 707. Codification of requirement for expeditious treatment of
cases on remand.
Sec. 708. Technical and clerical amendments.

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 38, United States Code.

TITLE I--SURVIVOR BENEFITS

SEC. 101. RETENTION OF CERTAIN VETERANS SURVIVOR BENEFITS FOR
SURVIVING SPOUSES REMARRYING AFTER AGE 57.

(a) Exception to Termination of Benefits Upon Remarriage.--
Section 103(d)(2)(B) is amended by striking ``The remarriage
after age 55'' and inserting ``The remarriage after age 57 of
the surviving spouse of a veteran shall not bar the
furnishing of benefits specified in paragraph (5) to such
person as the surviving spouse of the veteran.
Notwithstanding the previous sentence, the remarriage after
age 55''.
(b) Coordination of Benefits.--Section 1311 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 January 1, 2004.
(d) Retroactive Benefits Prohibited.--No benefit may be
paid to any person by reason of the amendments 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 benefits
under title 38, United States Code, by reason of the
amendment made by subsection (a) and whose remarriage was
before the date of the enactment of this Act and after the
individual had attained age 57, the individual shall be
eligible for such benefits by reason of such amendment only
if the individual submits an application for such benefits 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. 102. BENEFITS FOR CHILDREN WITH SPINA BIFIDA OF VETERANS
OF CERTAIN SERVICE IN KOREA.

(a) In General.--Chapter 18 is amended--
(1) by redesignating subchapter III, and sections 1821,
1822, 1823, and 1824, as subchapter IV, and sections 1831,
1832, 1833, and 1834, respectively; and
(2) by inserting after subchapter II the following new
subchapter III:

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

``Sec. 1821. Benefits for children of certain Korea service
veterans born with spina bifida

``(a) Benefits Authorized.--The Secretary may provide to
any child of a veteran of covered service in Korea who is
suffering from spina bifida the health care, vocational
training and rehabilitation, and monetary allowance required
to be paid to a child of a Vietnam veteran who is suffering
from spina bifida under subchapter I of this chapter as if
such child of a veteran of covered service in Korea were a
child of a Vietnam veteran who is suffering from spina bifida
under such subchapter.
``(b) Spina Bifida Conditions Covered.--This section
applies with respect to all forms and manifestations of spina
bifida, except spina bifida occulta.
``(c) Veteran of Covered Service in Korea.--For purposes of
this section, a veteran of covered service in Korea is any
individual, without regard to the characterization of that
individual's service, who--
``(1) served in the active military, naval, or air service
in or near the Korean demilitarized zone (DMZ), as determined
by the Secretary in consultation with the Secretary of
Defense, during the period beginning on September 1, 1967,
and ending on August 31, 1971; and
``(2) is determined by the Secretary, in consultation with
the Secretary of Defense, to have been exposed to a herbicide
agent during such service in or near the Korean demilitarized
zone.
``(d) Herbicide Agent.--For purposes of this section, the
term `herbicide agent' means a chemical in a herbicide used
in support of United States and allied military operations in
or near the Korean demilitarized zone, as determined by the
Secretary in consultation with the Secretary of Defense,
during the period beginning on September 1, 1967, and ending
on August 31, 1971.''.
(b) Child Defined.--Section 1831, as redesignated by
subsection (a) of this section, is amended by striking
paragraph (1) and inserting the following new paragraph (1):
``(1) The term `child' means the following:
``(A) For purposes of subchapters I and II of this chapter,
an individual, regardless of age or marital status, who--
``(i) is the natural child of a Vietnam veteran; and
``(ii) was conceived after the date on which that veteran
first entered the Republic of Vietnam during the Vietnam era.
``(B) For purposes of subchapter III of this chapter, an
individual, regardless of age or marital status, who--
``(i) is the natural child of a veteran of covered service
in Korea (as determined for purposes of section 1821 of this
title); and
``(ii) was conceived after the date on which that veteran
first entered service described in subsection (c) of that
section.''.
(c) Nonduplication of Benefits.--Subsection (a) of section
1834, as redesignated by subsection (a) of this section, is
amended by adding at the end the following new sentence: ``In
the case of a child eligible for benefits under subchapter I
or II of this chapter who is also eligible for benefits under
subchapter III of this chapter, a monetary allowance shall be
paid under the subchapter of this chapter elected by the
child.''.
(d) Conforming Amendments.--(1) Section 1811(1)(A) is
amended by striking ``section 1821(1)'' and inserting
``section 1831(1)''.
(2) The heading for chapter 18 is amended to read as
follows:

``CHAPTER 18--BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND CERTAIN
OTHER VETERANS''.

(e) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 18 is

[[Page H11707]]

amended by striking the items relating to subchapter III and
sections 1821, 1822, 1823, and 1824 and inserting the
following new items:

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

``1821. Benefits for children of certain Korea service veterans born
with spina bifida.

``SUBCHAPTER IV--GENERAL PROVISIONS

``1831. Definitions.
``1832. Applicability of certain administrative provisions.
``1833. Treatment of receipt of monetary allowance and other benefits.
``1834. Nonduplication of benefits.''.
(2) The table of chapters at the beginning of title 38,
United States Code, and at the beginning of part II, are each
amended by striking the item relating to chapter 18 and
inserting the following new item:

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

SEC. 103. ALTERNATIVE BENEFICIARIES FOR NATIONAL SERVICE LIFE
INSURANCE AND UNITED STATES GOVERNMENT LIFE
INSURANCE.

(a) National Service Life Insurance.--Section 1917 is
amended by adding at the end the following new subsection:
``(f)(1) Following the death of the insured and in a case
not covered by subsection (d)--
``(A) if the first beneficiary otherwise entitled to
payment of the insurance does not make a claim for such
payment within two years after the death of the insured,
payment may be made to another beneficiary designated by the
insured, in the order of precedence as designated by the
insured, as if the first beneficiary had predeceased the
insured; and
``(B) if, within four years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any
notice in writing that any such claim will be made, payment
may (notwithstanding any other provision of law) be made to
such person as may in the judgment of the Secretary be
equitably entitled thereto.
``(2) Payment of insurance under paragraph (1) shall be a
bar to recovery by any other person.''.
(b) United States Government Life Insurance.--Section 1952
is amended by adding at the end the following new subsection:
``(c)(1) Following the death of the insured and in a case
not covered by section 1950 of this title--
``(A) if the first beneficiary otherwise entitled to
payment of the insurance does not make a claim for such
payment within two years after the death of the insured,
payment may be made to another beneficiary designated by the
insured, in the order of precedence as designated by the
insured, as if the first beneficiary had predeceased the
insured; and
``(B) if, within four years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any
notice in writing that any such claim will be made, payment
may (notwithstanding any other provision of law) be made to
such person as may in the judgment of the Secretary be
equitably entitled thereto.
``(2) Payment of insurance under paragraph (1) shall be a
bar to recovery by any other person.''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on October 1, 2004.
(d) Transition Provision.--In the case of a person insured
under subchapter I or II of chapter 19 of title 38, United
States Code, who dies before the effective date of the
amendments made by subsections (a) and (b), as specified by
subsection (c), the two-year and four-year periods specified
in subsection (f)(1) of section 1917 of title 38, United
States Code, as added by subsection (a), and subsection
(c)(1) of section 1952 of such title, as added by subsection
(b), as applicable, shall for purposes of the applicable
subsection be treated as being the two-year and four-year
periods, respectively, beginning on the effective date of
such amendments, as so specified.

SEC. 104. PAYMENT OF BENEFITS ACCRUED AND UNPAID AT TIME OF
DEATH.

(a) Repeal of Two-Year Limitation on Payment.--Section
5121(a) is amended by striking ``for a period not to exceed
two years'' in the matter preceding paragraph (1).
(b) Payment Recipients for Beneficiaries Under Chapter
18.--Such section is further amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Upon the death of a child claiming benefits under
chapter 18 of this title, to the surviving parents.''.
(c) Technical Amendments.--Such section is further
amended--
(1) in the matter preceding paragraph (1), by striking the
comma after ``or decisions'';
(2) by striking the semicolon at the end of paragraphs (1),
(2), (3), and (4), and at the end of subparagraphs (A) and
(B) of paragraph (2), and inserting a period.
(d) Effective Date.--The amendments made by subsections (a)
and (b) shall apply with respect to deaths occurring on or
after the date of the enactment of this Act.

TITLE II--BENEFITS FOR FORMER PRISONERS OF WAR AND FOR FILIPINO
VETERANS

Subtitle A--Former Prisoners of War

SEC. 201. PRESUMPTIONS OF SERVICE-CONNECTION RELATING TO
DISEASES AND DISABILITIES OF FORMER PRISONERS
OF WAR.

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

Subtitle B--Filipino Veterans

SEC. 211. RATE OF PAYMENT OF BENEFITS FOR CERTAIN FILIPINO
VETERANS AND THEIR SURVIVORS RESIDING IN THE
UNITED STATES.

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

SEC. 212. BURIAL BENEFITS FOR NEW PHILIPPINE SCOUTS RESIDING
IN THE UNITED STATES.

(a) Benefit Eligibility.--Section 107, as amended by
section 211 of this Act, is amended--
(1) in subsection (b)(2)--
(A) by striking ``and'' and inserting a comma; and
(B) by inserting ``, 23, and 24 (to the extent provided for
in section 2402(8))'' after ``(except section 1312(a))'';
(2) in the second sentence of subsection (b), as so
amended, 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) is
amended by striking ``section 107(a)'' and inserting
``subsection (a) or (b) of section 107''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to deaths occurring on or after the
date of the enactment of this Act.

SEC. 213. EXTENSION OF AUTHORITY TO MAINTAIN REGIONAL OFFICE
IN THE REPUBLIC OF THE PHILIPPINES.

Section 315(b) is amended by striking ``December 31, 2003''
and inserting ``December 31, 2009''.

TITLE III--EDUCATION BENEFITS, EMPLOYMENT PROVISIONS, AND RELATED
MATTERS

SEC. 301. EXPANSION OF MONTGOMERY GI BILL EDUCATION BENEFITS
FOR CERTAIN SELF-EMPLOYMENT TRAINING.

(a) Definition of Training Establishment.--Section 3452(e)
is amended by striking ``means any'' and all that follows and
inserting ``means any of the following:
``(1) An establishment providing apprentice or other on-job
training, 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.

[[Page H11708]]

``(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. 302. INCREASE IN RATES OF SURVIVORS' AND DEPENDENTS'
EDUCATIONAL ASSISTANCE.

(a) Survivors' and Dependents' Educational Assistance.--
Section 3532 is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``at the monthly rate
of'' and all that follows and inserting ``at the monthly rate
of $788 for full-time, $592 for three-quarter-time, or $394
for half-time pursuit.''; and
(B) in paragraph (2), by striking ``at the rate of'' and
all that follows and inserting ``at the rate of the lesser
of--
``(A) the established charges for tuition and fees that the
educational institution involved requires similarly
circumstanced nonveterans enrolled in the same program to
pay; or
``(B) $788 per month for a full-time course.'';
(2) in subsection (b), by striking ``$670'' and inserting
``$788''; and
(3) in subsection (c)(2), by striking ``shall be'' and all
that follows and inserting ``shall be $636 for full-time,
$477 for three-quarter-time, or $319 for half-time
pursuit.''.
(b) Correspondence Courses.--Section 3534(b) is amended by
striking ``$670'' and inserting ``$788''.
(c) Special Restorative Training.--Section 3542(a) is
amended--
(1) by striking ``$670'' and inserting ``$788''; and
(2) by striking ``$210'' each place it appears and
inserting ``$247''.
(d) Apprenticeship Training.--Section 3687(b)(2) is amended
by striking ``shall be $488 for the first six months'' and
all that follows and inserting ``shall be $574 for the first
six months, $429 for the second six months, $285 for the
third six months, and $144 for the fourth and any succeeding
six-month period of training.''.
(e) Effective Date.--The amendments made by this section
shall take effect on July 1, 2004, and shall apply with
respect to educational assistance allowances payable under
chapter 35 and section 3687(b)(2) of title 38, United States
Code, for months beginning on or after that date.

SEC. 303. RESTORATION OF SURVIVORS' AND DEPENDENTS' EDUCATION
BENEFITS OF INDIVIDUALS BEING ORDERED TO FULL-
TIME NATIONAL GUARD DUTY.

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

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

(a) Basic Educational Assistance Under Montgomery GI
Bill.--Section 3015(h) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' after ``(h)'';
(3) by striking ``(rounded to the nearest dollar)'';
(4) in subparagraph (B), as so redesignated, by striking
``paragraph (1)'' and inserting ``subparagraph (A)''; and
(5) by adding at the end the following new paragraph:
``(2) Any increase under paragraph (1) in a rate with
respect to a fiscal year after fiscal year 2004 and before
fiscal year 2014 shall be rounded down to the next lower
whole dollar amount. Any such increase with respect to a
fiscal year after fiscal year 2013 shall be rounded to the
nearest whole dollar amount.''.
(b) Survivors' and Dependents' Educational Assistance.--
Section 3564 is amended--
(1) by inserting ``(a)'' before ``With'';
(2) by striking ``(rounded to the nearest dollar)''; and
(3) by adding at the end the following new subsection:
``(b) Any increase under subsection (a) in a rate with
respect to a fiscal year after fiscal year 2004 and before
fiscal year 2014 shall be rounded down to the next lower
whole dollar amount. Any such increase with respect to a
fiscal year after fiscal year 2013 shall be rounded to the
nearest whole dollar amount.''.

SEC. 305. AUTHORIZATION FOR STATE APPROVING AGENCIES TO
APPROVE CERTAIN ENTREPRENEURSHIP COURSES.

(a) Approval of Entrepreneurship Courses.--Section 3675 is
amended by adding at the end the following new subsection:
``(c)(1) A State approving agency may approve the
entrepreneurship courses offered by a qualified provider of
entrepreneurship courses.
``(2) For purposes of this subsection, the term
`entrepreneurship course' means a non-degree, non-credit
course of business education that enables or assists a person
to start or enhance a small business concern (as defined
pursuant to section 3(a) of the Small Business Act (15 U.S.C.
632(a))).
``(3) Subsection (a) and paragraphs (1) and (2) of
subsection (b) shall not apply to--
``(A) an entrepreneurship course offered by a qualified
provider of entrepreneurship courses; and
``(B) a qualified provider of entrepreneurship courses by
reason of such provider offering one or more entrepreneurship
courses.''.
(b) Business Owners Not Treated as Already Qualified.--
Section 3471 is amended by inserting before the last sentence
the following: ``The Secretary shall not treat a person as
already qualified for the objective of a program of education
offered by a qualified provider of entrepreneurship courses
solely because such person is the owner or operator of a
business.''.
(c) Inclusion of Entrepreneurship Courses in Definition of
Program of Education.--Subsection (b) of section 3452 is
amended by adding at the end the following: ``Such term also
includes any course, or combination of courses, offered by a
qualified provider of entrepreneurship courses.''.
(d) Inclusion of Qualified Provider of Entrepreneurship
Courses in Definition of Educational Institution.--Subsection
(c) of section 3452 is amended by adding at the end the
following: ``Such term also includes any qualified provider
of entrepreneurship courses.''.
(e) Definition of Qualified Provider of Entrepreneurship
Courses.--Section 3452 is further amended by adding at the
end the following new subsection:
``(h) The term `qualified provider of entrepreneurship
courses' means any of the following entities insofar as such
entity offers, sponsors, or cosponsors an entrepreneurship
course (as defined in section 3675(c)(2) of this title):
``(1) Any small business development center described in
section 21 of the Small Business Act (15 U.S.C. 648).
``(2) The National Veterans Business Development
Corporation (established under section 33 of the Small
Business Act (15 U.S.C. 657c)).''.
(f) Effective Date.--The amendments made by this section
shall apply to courses approved by State approving agencies
after the date of the enactment of this Act.

SEC. 306. REPEAL OF PROVISIONS RELATING TO OBSOLETE EDUCATION
LOAN PROGRAM.

(a) Termination of Program.--The Secretary of Veterans
Affairs may not make a loan under subchapter III of chapter
36 of title 38, United States Code, after the date of the
enactment of this Act.
(b) Discharge of Liabilities.--Effective as of the date of
the transfer of funds under subsection (c)--
(1) any liability on an education loan under subchapter III
of chapter 36 of title 38, United States Code, that is
outstanding as of such date shall be deemed discharged; and
(2) the right of the United States to recover an
overpayment declared under section 3698(e)(1) of such title
that is outstanding as of such date shall be deemed waived.
(c) Termination of Loan Fund.--(1) Effective as of the day
before the date of the repeal under this section of
subchapter III of chapter 36 of title 38, United States Code,
all monies in the revolving fund of the Treasury known as the
``Department of Veterans Affairs Education Loan Fund'' shall
be transferred to the Department of Veterans Affairs
Readjustment Benefits Account, and the revolving fund shall
be closed.
(2) Any monies transferred to the Department of Veterans
Affairs Readjustment Benefits Account under paragraph (1)
shall be merged with amounts in that account and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in that account.
(d) Use of Entitlement to Veterans Educational Assistance
for Education Loan Program.--Section 3462(a) is amended by
striking paragraph (2).
(e) Repeal of Education Loan Program.--Subchapter III of
chapter 36 is repealed.
(f) Conforming Amendments.--(1) Section 3485(e)(1) is
amended by striking ``(other than an education loan under
subchapter III)''.
(2) Section 3512 is amended by striking subsection (f).
(g) Clerical Amendment.--The table of sections at the
beginning of chapter 36 is amended by striking the items
relating to subchapter III and sections 3698 and 3699.
(h) Effective Dates.--(1) The amendments made by subsection
(d) shall take effect on the date of the enactment of this
Act.
(2) The amendments made by subsections (e), (f), and (g)
shall take effect 90 days after the date of the enactment of
this Act.

SEC. 307. SIX-YEAR EXTENSION OF THE VETERANS' ADVISORY
COMMITTEE ON EDUCATION.

(a) Membership.--Subsection (a) of section 3692 is amended
in the second sentence by inserting ``, to the maximum extent
practicable,'' after ``The committee shall also''.
(b) Extension.--Subsection (c) of that section is amended
by striking ``December 31, 2003'' and inserting ``December
31, 2009''.
(c) Technical Amendments.--That section is further
amended--
(1) in subsections (a) and (b), by striking ``chapter 106''
each place it appears and inserting ``chapter 1606''; and
(2) in subsection (b), by striking ``chapter 30'' and
inserting ``chapters 30''.

SEC. 308. PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS
OWNED AND CONTROLLED BY SERVICE-DISABLED
VETERANS.

The Small Business Act (15 U.S.C. 631 et seq.) is amended
by redesignating section 36 as section 37 and by inserting
after section 35 the following new section:

[[Page H11709]]

``SEC. 36. PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS
OWNED AND CONTROLLED BY SERVICE-DISABLED
VETERANS.

``(a) Sole Source Contracts.--In accordance with this
section, a contracting officer may award a sole source
contract to any small business concern owned and controlled
by service-disabled veterans if--
``(1) such concern is determined to be a responsible
contractor with respect to performance of such contract
opportunity and the contracting officer does not have a
reasonable expectation that 2 or more small business concerns
owned and controlled by service-disabled veterans will submit
offers for the contracting opportunity;
``(2) the anticipated award price of the contract
(including options) will not exceed--
``(A) $5,000,000, in the case of a contract opportunity
assigned a standard industrial classification code for
manufacturing; or
``(B) $3,000,000, in the case of any other contract
opportunity; and
``(3) in the estimation of the contracting officer, the
contract award can be made at a fair and reasonable price.
``(b) Restricted Competition.--In accordance with this
section, a contracting officer may award contracts on the
basis of competition restricted to small business concerns
owned and controlled by service-disabled veterans if the
contracting officer has a reasonable expectation that not
less than 2 small business concerns owned and controlled by
service-disabled veterans will submit offers and that the
award can be made at a fair market price.
``(c) Relationship to Other Contracting Preferences.--A
procurement may not be made from a source on the basis of a
preference provided under subsection (a) or (b) if the
procurement would otherwise be made from a different source
under section 4124 or 4125 of title 18, United States Code,
or the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
``(d) Enforcement; Penalties.--Rules similar to the rules
of paragraphs (5) and (6) of section 8(m) shall apply for
purposes of this section.
``(e) Contracting Officer.--For purposes of this section,
the term `contracting officer' has the meaning given such
term in section 27(f)(5) of the Office of Federal Procurement
Policy Act (41 U.S.C. 423(f)(5)).''.

SEC. 309. OUTSTATIONING OF TRANSITION ASSISTANCE PROGRAM
PERSONNEL.

(a) In General.--(1) Chapter 41 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 section 1144 of title 10, 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 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.
(c) Additional Amendment.--(1) The second sentence of
section 7723(a) is amended by inserting ``and taking into
account recommendations, if any, of the Secretary of Labor''
after ``Secretary of Defense''
(2) The amendment made by paragraph (1) shall apply with
respect to offices established after the date of the
enactment of this Act.

TITLE IV--HOUSING BENEFITS AND RELATED MATTERS

SEC. 401. AUTHORIZATION TO PROVIDE ADAPTED HOUSING ASSISTANCE
TO CERTAIN DISABLED MEMBERS OF THE ARMED FORCES
WHO REMAIN ON ACTIVE DUTY.

Section 2101 is amended by adding at the end the following
new subsection:
``(c)(1) The Secretary may provide assistance under
subsection (a) to a member of the Armed Forces serving on
active duty who is suffering from a disability described in
paragraph (1), (2), or (3) of that subsection if such
disability is the result of an injury incurred or disease
contracted in or aggravated in line of duty in the active
military, naval, or air service. Such assistance shall be
provided to the same extent as assistance is provided under
that subsection to veterans eligible for assistance under
that subsection and subject to the requirements of the second
sentence of that subsection.
``(2) The Secretary may provide assistance under subsection
(b) to a member of the Armed Forces serving on active duty
who is suffering from a disability described in subparagraph
(A) or (B) of paragraph (1) of that subsection if such
disability is the result of an injury incurred or disease
contracted in or aggravated in line of duty in the active
military, naval, or air service. Such assistance shall be
provided to the same extent as assistance is provided under
that subsection to veterans eligible for assistance under
that subsection and subject to the requirements of paragraph
(2) of that subsection.''.

SEC. 402. INCREASE IN AMOUNTS FOR CERTAIN ADAPTIVE BENEFITS
FOR DISABLED VETERANS.

(a) Increase in Assistance Amount for Specially Adapted
Housing.--Section 2102 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) 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. 403. PERMANENT AUTHORITY FOR HOUSING LOANS FOR MEMBERS
OF THE SELECTED RESERVE.

Section 3702(a)(2)(E) is amended by striking ``For the
period'' and all that follows through ``each'' and inserting
``Each''.

SEC. 404. REINSTATEMENT OF MINIMUM REQUIREMENTS FOR SALE OF
VENDEE LOANS.

(a) Reinstatement.--Subsection (a) of section 3733 is
amended by adding at the end the following new paragraph:
``(7) During the period that begins on the date of the
enactment of the Veterans' Benefits Act of 2003 and ends on
September 30, 2013, the Secretary shall carry out the
provisions of this subsection as if--
``(A) the references in the first sentence of paragraph (1)
to `65 percent' and `may be financed' were references to `85
percent' and `shall be financed', respectively;
``(B) the second sentence of paragraph (1) were repealed;
and
``(C) the reference in paragraph (2) to `September 30,
1990,' were a reference to `September 30, 2013,'.''.
(b) 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. 405. ADJUSTMENT TO HOME LOAN FEES.

Effective January 1, 2004, paragraph (2) of section 3729(b)
is amended to read as follows:
``(2) The loan fee table referred to in paragraph (1) is as
follows:

``LOAN FEE TABLE
------------------------------------------------------------------------
Active duty Other
Type of loan veteran Reservist obligor
------------------------------------------------------------------------
(A)(i) Initial loan described 2.00 2.75 NA
in 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 January 1,
2004)........................
------------------------------------------------------------------------
(A)(ii) Initial loan described 2.20 2.40 NA
in 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 January
1, 2004, and before October
1, 2004).....................
------------------------------------------------------------------------

[[Page H11710]]

(A)(iii) Initial loan 2.15 2.40 NA
described in 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, 2004, and before October
1, 2011).....................
------------------------------------------------------------------------
(A)(iv) Initial loan described 1.40 1.65 NA
in 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 3.00 3.00 NA
described in section 3710(a)
to purchase or construct a
dwelling with 0-down, or any
other subsequent loan
described in section 3710(a)
(closed before January 1,
2004)........................
------------------------------------------------------------------------
(B)(ii) Subsequent loan 3.30 3.30 NA
described 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 January
1, 2004, and before October
1, 2011).....................
------------------------------------------------------------------------
(B)(iii) Subsequent loan 2.15 2.15 NA
described 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, 2011 and before October 1,
2013)........................
------------------------------------------------------------------------
(B)(iv) Subsequent loan 1.25 1.25 NA
described 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 1.50 1.75 NA
section 3710(a) to purchase
or construct a dwelling with
5-down (closed before October
1, 2011).....................
------------------------------------------------------------------------
(C)(ii) Loan described in 0.75 1.00 NA
section 3710(a) to purchase
or construct a dwelling with
5-down (closed on or after
October 1, 2011).............
------------------------------------------------------------------------
(D)(i) Initial loan described 1.25 1.50 NA
in section 3710(a) to
purchase or construct a
dwelling with 10-down (closed
before October 1, 2011)......
------------------------------------------------------------------------
(D)(ii) Initial loan described 0.50 0.75 NA
in 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 0.50 NA
refinancing loan.............
------------------------------------------------------------------------
(F) Direct loan under section 1.00 1.00 NA
3711.........................
------------------------------------------------------------------------
(G) Manufactured home loan 1.00 1.00 NA
under section 3712 (other
than an interest rate
reduction refinancing loan)..
------------------------------------------------------------------------
(H) Loan to Native American 1.25 1.25 NA
veteran under section 3762
(other than an interest rate
reduction refinancing loan)..
------------------------------------------------------------------------
(I) Loan assumption under 0.50 0.50 0.50
section 3714.................
------------------------------------------------------------------------
(J) Loan under section 3733(a) 2.25 2.25 2.25''.
------------------------------------------------------------------------

SEC. 406. ONE-YEAR EXTENSION OF PROCEDURES ON LIQUIDATION
SALES OF DEFAULTED HOME LOANS GUARANTEED BY THE
DEPARTMENT OF VETERANS AFFAIRS.

Section 3732(c)(11) is amended by striking ``October 1,
2011'' and inserting ``October 1, 2012''.

TITLE V--BURIAL BENEFITS

SEC. 501. BURIAL PLOT ALLOWANCE.

(a) In General.--Section 2303(b) is amended--
(1) in the matter preceding paragraph (1), by striking ``a
burial allowance under such section 2302, or under such
subsection, who was discharged from the active military,
naval, or air service for a disability incurred or aggravated
in line of duty, or who is a veteran of any war'' and
inserting ``burial in a national cemetery under section 2402
of this title''; and
(2) in paragraph (2), by striking ``(other than a veteran
whose eligibility for benefits under this subsection is based
on being a veteran of any war)'' and inserting ``is eligible
for a burial allowance under section 2302 of this title or
under subsection (a) of this section, or was discharged from
the active military, naval, or air service for a disability
incurred or aggravated in line of duty, and such veteran''.
(b) Conforming Amendment.--Section 2307 is amended in the
last sentence by striking ``and (b)'' and inserting ``and
(b)(2)''.

SEC. 502. ELIGIBILITY OF SURVIVING SPOUSES WHO REMARRY FOR
BURIAL IN NATIONAL CEMETERIES.

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

SEC. 503. PERMANENT AUTHORITY FOR STATE CEMETERY GRANTS
PROGRAM.

(a) Permanent Authority.--Subsection (a) of section 2408 is
amended--
(1) by striking ``(1)''; and
(2) by striking paragraph (2).
(b) Conforming Amendment.--Subsection (e) of such section
is amended by striking ``Sums appropriated under subsection
(a) of this section'' and inserting ``Amounts appropriated to
carry out this section''.
(c) Technical Amendment to Repeal Obsolete Provision.--
Subsection (d)(1) of such section is amended by striking ``on
or after November 21, 1997,''.

TITLE VI--EXPOSURE TO HAZARDOUS SUBSTANCES

SEC. 601. RADIATION DOSE RECONSTRUCTION PROGRAM OF DEPARTMENT
OF DEFENSE.

(a) Review of Mission, Procedures, and Administration.--(1)
The Secretary of Veterans Affairs and the Secretary of
Defense shall jointly conduct a review of the mission,
procedures, and administration of the Radiation Dose
Reconstruction Program of the Department of Defense.
(2) In conducting the review under paragraph (1), the
Secretaries shall--
(A) determine whether any additional actions are required
to ensure that the quality assurance and quality control
mechanisms of the Radiation Dose Reconstruction Program are
adequate and sufficient for purposes of the program; and
(B) determine the actions that are required to ensure that
the mechanisms of the Radiation Dose Reconstruction Program
for communication and interaction with veterans are adequate
and sufficient for purposes of the program, including
mechanisms to permit veterans to review the assumptions
utilized in their dose reconstructions.
(3) Not later than 90 days after the date of the enactment
of this Act, the Secretaries shall jointly submit to Congress
a report on the review under paragraph (1). The report shall
set forth--
(A) the results of the review;
(B) a plan for any actions determined to be required under
paragraph (2); and
(C) such other recommendations for the improvement of the
mission, procedures, and administration of the Radiation Dose
Reconstruction Program as the Secretaries jointly consider
appropriate.
(b) On-Going Review and Oversight.--The Secretaries shall
jointly take appropriate actions to ensure the on-going
independent review and oversight of the Radiation Dose
Reconstruction Program, including the establishment of the
advisory board required by subsection (c).
(c) Advisory Board.--(1) In taking actions under subsection
(b), the Secretaries shall jointly appoint an advisory board
to provide review and oversight of the Radiation Dose
Reconstruction Program.
(2) The advisory board under paragraph (1) shall be
composed of the following:

[[Page H11711]]

(A) At least one expert in historical dose reconstruction
of the type conducted under the Radiation Dose Reconstruction
Program.
(B) At least one expert in radiation health matters.
(C) At least one expert in risk communications matters.
(D) A representative of the Department of Veterans Affairs.
(E) A representative of the Defense Threat Reduction
Agency.
(F) At least three veterans, including at least one veteran
who is a member of an atomic veterans group.
(3) The advisory board under paragraph (1) shall--
(A) conduct periodic, random audits of dose reconstructions
under the Radiation Dose Reconstruction Program and of
decisions by the Department of Veterans Affairs on claims for
service connection of radiogenic diseases;
(B) assist the Department of Veterans Affairs and the
Defense Threat Reduction Agency in communicating to veterans
information on the mission, procedures, and evidentiary
requirements of the Radiation Dose Reconstruction Program;
and
(C) carry out such other activities with respect to the
review and oversight of the Radiation Dose Reconstruction
Program as the Secretaries shall jointly specify.
(4) The advisory board under paragraph (1) may make such
recommendations on modifications in the mission or procedures
of the Radiation Dose Reconstruction Program as the advisory
board considers appropriate as a result of the audits
conducted under paragraph (3)(A).

SEC. 602. STUDY ON DISPOSITION OF AIR FORCE HEALTH STUDY.

(a) Study Required.--The Secretary of Veterans Affairs
shall, in accordance with this section, carry out a study to
determine the appropriate disposition of the Air Force Health
Study, an epidemiologic study of Air Force personnel who were
responsible for conducting aerial spray missions of
herbicides during the Vietnam era.
(b) Study Through National Academy of Sciences.--Not later
than 60 days after the date of the enactment of this Act, the
Secretary shall seek to enter into an agreement with the
National Academy of Sciences, or another appropriate
scientific organization, to carry out the study required by
subsection (a).
(c) Elements.--Under the study under subsection (a), the
National Academy of Sciences, or other appropriate scientific
organization, shall address the following:
(1) The scientific merit of retaining and maintaining the
medical records, other study data, and laboratory specimens
collected in the course of the Air Force Health Study after
the currently-scheduled termination date of the study in
2006.
(2) Whether or not any obstacles exist to retaining and
maintaining the medical records, other study data, and
laboratory specimens referred to in paragraph (1), including
privacy concerns.
(3) The advisability of providing independent oversight of
the medical records, other study data, and laboratory
specimens referred to in paragraph (1), and of any further
study of such records, data, and specimens, and, if so, the
mechanism for providing such oversight.
(4) The advisability of extending the Air Force Health
Study, including the potential value and relevance of
extending the study, the potential cost of extending the
study, and the Federal or non-Federal entity best suited to
continue the study if extended.
(5) The advisability of making the laboratory specimens of
the Air Force Health Study available for independent
research, including the potential value and relevance of such
research, and the potential cost of such research.
(d) Report.--Not later than 120 days after entering into an
agreement under subsection (b), the National Academy of
Sciences, or other appropriate scientific organization, shall
submit to the Secretary and Congress a report on the results
of the study under subsection (a). The report shall include
the results of the study, including the matters addressed
under subsection (c), and such other recommendations as the
Academy, or other appropriate scientific organization,
considers appropriate as a result of the study.

SEC. 603. FUNDING OF MEDICAL FOLLOW-UP AGENCY OF INSTITUTE OF
MEDICINE OF NATIONAL ACADEMY OF SCIENCES FOR
EPIDEMIOLOGICAL RESEARCH ON MEMBERS OF THE
ARMED FORCES AND VETERANS.

(a) Funding.--(1) The Secretary of Veterans Affairs and the
Secretary of Defense shall each make available to the
National Academy of Sciences in each of fiscal years 2004
through 2013 the amount of $250,000 for the Medical Follow-Up
Agency of the Institute of Medicine of the Academy for
purposes of epidemiological research on members of the Armed
Forces and veterans.
(2) The Secretary of Veterans Affairs shall make available
amounts under paragraph (1) for a fiscal year from amounts
available for the Department of Veterans Affairs for that
fiscal year.
(3) The Secretary of Defense shall make available amounts
under paragraph (1) for a fiscal year from amounts available
for the Department of Defense for that fiscal year.
(b) Use of Funds.--The Medical Follow-Up Agency shall use
funds made available under subsection (a) for epidemiological
research on members of the Armed Forces and veterans.
(c) Supplement Not Supplant.--Amounts made available to the
Medical Follow-Up Agency under this section for a fiscal year
for the purposes referred to in subsection (b) are in
addition to any other amount made available to the Agency for
that fiscal year for those purposes.

TITLE VII--OTHER MATTERS

SEC. 701. TIME LIMITATIONS ON RECEIPT OF CLAIM INFORMATION
PURSUANT TO REQUESTS OF DEPARTMENT OF VETERANS
AFFAIRS.

(a) Information to Complete Claims Applications.--Section
5102 is amended by adding at the end the following new
subsection:
``(c) Time Limitation.--(1) If information that a claimant
and the claimant's representative, if any, are notified under
subsection (b) is necessary to complete an application is not
received by the Secretary within one year from the date such
notice is sent, no benefit may be paid or furnished by reason
of the claimant's application.
``(2) This subsection shall not apply to any application or
claim for Government life insurance benefits.''.
(b) Construction of Limitation on Information to
Substantiate Claims.--Section 5103(b) is amended--
(1) in paragraph (1), by striking ``if such'' and all that
follows through ``application'' and inserting ``such
information or evidence must be received by the Secretary
within one year from the date such notice is sent''; and
(2) by adding at the end the following new paragraph:
``(3) Nothing in paragraph (1) shall be construed to
prohibit the Secretary from making a decision on a claim
before the expiration of the period referred to in that
subsection.''.
(c) Effective Date.--The amendments made by this section
shall take effect as if enacted on November 9, 2000,
immediately after the enactment of the Veterans Claims
Assistance Act of 2000 (Public Law 106-475; 114 Stat. 2096).
(d) Procedures for Readjudication of Certain Claims.--(1)
The Secretary of Veterans Affairs shall readjudicate a claim
of a qualified claimant if the request for such
readjudication is received not later than the end of the one-
year period that begins on the date of the enactment of this
Act.
(2) For purposes of this subsection, a claimant is
qualified within the meaning of paragraph (1) if the
claimant--
(A) received notice under section 5103(a) of title 38,
United States Code, requesting information or evidence to
substantiate a claim;
(B) did not submit such information or evidence within a
year after the date such notice was sent;
(C) did not file a timely appeal to the Board of Veterans'
Appeals or the United States Court of Appeals for Veterans
Claims; and
(D) submits such information or evidence during the one-
year period referred to in paragraph (1).
(3) If the decision of the Secretary on a readjudication
under this subsection is in favor of the qualified claimant,
the award of the grant shall take effect as if the prior
decision by the Secretary on the claim had not been made.
(4) Nothing in this subsection shall be construed to
establish a duty on the part of the Secretary to identify or
readjudicate any claim that--
(A) is not submitted during the one-year period referred to
in paragraph (1); or
(B) has been the subject of a timely appeal to the Board of
Veterans' Appeals or the United States Court of Appeals for
Veterans Claims.
(e) Construction on Providing Renotification.--Nothing in
this section, or the amendments made by this section, shall
be construed to require the Secretary of Veterans Affairs--
(1) to provide notice under section 5103(a) of such title
with respect to a claim insofar as the Secretary has
previously provided such notice; or
(2) to provide for a special notice with respect to this
section and the amendments made by this section.

SEC. 702. CLARIFICATION OF APPLICABILITY OF PROHIBITION ON
ASSIGNMENT OF VETERANS BENEFITS TO AGREEMENTS
REQUIRING PAYMENT OF FUTURE RECEIPT OF
BENEFITS.

Section 5301(a) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by designating the last sentence as paragraph (2); and
(3) by adding at the end the following new paragraph:
``(3)(A) This paragraph is intended to clarify that, in any
case where a beneficiary entitled to compensation, pension,
or dependency and indemnity compensation enters into an
agreement with another person under which agreement such
other person acquires for consideration the right to receive
such benefit by payment of such compensation, pension, or
dependency and indemnity compensation, as the case may be,
except as provided in subparagraph (B), and including deposit
into a joint account from which such other person may make
withdrawals, or otherwise, such agreement shall be deemed to
be an assignment and is prohibited.
``(B) Notwithstanding subparagraph (A), nothing in this
paragraph is intended to prohibit a loan involving a
beneficiary under the terms of which the beneficiary may use
the benefit to repay such other person as long as each of the
periodic payments made to repay such other person is
separately and voluntarily executed by the beneficiary or is
made by preauthorized electronic funds transfer pursuant to
the Electronic Funds Transfers Act (15 U.S.C. 1693 et seq.).
``(C) Any agreement or arrangement for collateral for
security for an agreement that is prohibited under
subparagraph (A) is also prohibited and is void from its
inception.''.

SEC. 703. SIX-YEAR EXTENSION OF ADVISORY COMMITTEE ON
MINORITY VETERANS.

Section 544(e) is amended by striking ``December 31, 2003''
and inserting ``December 31, 2009''.

[[Page H11712]]

SEC. 704. TEMPORARY AUTHORITY FOR PERFORMANCE OF MEDICAL
DISABILITIES EXAMINATIONS BY CONTRACT
PHYSICIANS.

(a) Authority.--Using appropriated funds, other than funds
available for compensation and pension, the Secretary of
Veterans Affairs may provide for the conduct of examinations
with respect to the medical disabilities of applicants for
benefits under laws administered by the Secretary by persons
other than Department of Veterans Affairs employees. The
authority under this section is in addition to the authority
provided in section 504(b) of the Veterans' Benefits
Improvement Act of 1996 (Public Law 104-275; 38 U.S.C. 5101
note).
(b) Performance by Contract.--Examinations under the
authority provided in subsection (a) shall be conducted
pursuant to contracts entered into and administered by the
Under Secretary for Benefits.
(c) Expiration.--The authority in subsection (a) shall
expire on December 31, 2009. No examination may be carried
out under the authority provided in that subsection after
that date.
(d) Report.--Not later than four years after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on the use of the authority provided in
subsection (a). The Secretary shall include in the report an
assessment of the effect of examinations under that authority
on the cost, timeliness, and thoroughness of examinations
with respect to the medical disabilities of applicants for
benefits under laws administered by the Secretary.

SEC. 705. FORFEITURE OF BENEFITS FOR SUBVERSIVE ACTIVITIES.

(a) Addition of Certain Offenses.--Paragraph (2) of section
6105(b) 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. 706. TWO-YEAR EXTENSION OF ROUND-DOWN REQUIREMENT FOR
COMPENSATION COST-OF-LIVING ADJUSTMENTS.

Sections 1104(a) and 1303(a) are each amended by striking
``2011'' and inserting ``2013''.

SEC. 707. CODIFICATION OF REQUIREMENT FOR EXPEDITIOUS
TREATMENT OF CASES ON REMAND.

(a) Cases Remanded by Board of Veterans' Appeals.--(1)
Chapter 51 is amended by adding at the end of subchapter I
the following new section:

``Sec. 5109B. Expedited treatment of remanded claims

``The Secretary shall take such actions as may be necessary
to provide for the expeditious treatment by the appropriate
regional office of the Veterans Benefits Administration of
any claim that is remanded to a regional office of the
Veterans Benefits Administration by the Board of Veterans'
Appeals.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
5109A the following new item:

``5109B. Expedited treatment of remanded claims.''.

(b) Cases Remanded by Court of Appeals for Veterans
Claims.--(1) Chapter 71 is amended by adding at the end the
following new section:

``Sec. 7112. Expedited treatment of remanded claims

``The Secretary shall take such actions as may be necessary
to provide for the expeditious treatment by the Board of any
claim that is remanded to the Secretary by the Court of
Appeals for Veterans Claims.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``7112. Expedited treatment of remanded claims.''.

(c) Repeal of Source Section.--Section 302 of the Veterans'
Benefits Improvement Act of 1994 (Public Law 103-446; 108
Stat. 4658; 38 U.S.C. 5101 note) is repealed.

SEC. 708. TECHNICAL AND CLERICAL AMENDMENTS.

(a) Miscellaneous Amendments.--(1) Section 103(d) is
amended--
(A) in paragraph (4)--
(i) in the matter preceding subparagraph (A), by striking
``this subsection'' and inserting ``paragraph (2)(A) or
(3)''; and
(ii) in subparagraph (A), by striking ``paragraph (2)'' and
inserting ``paragraph (2)(A)''; and
(B) in paragraph (5), by striking ``Paragraphs (2)'' and
inserting ``Paragraphs (2)(A)''.
(2) Section 1729A is amended--
(A) in subsection (b), by striking ``after June 30, 1997,''
in the matter preceding paragraph (1);
(B) in subsection (c), by striking paragraph (3);
(C) by striking subsection (e); and
(D) by redesignating subsection (f) as subsection (e).
(3) Section 1804(c)(2) is amended by striking
``subsection'' and inserting ``section''.
(4) Section 1974(a)(5) is amended by striking ``Secretary
of Transportation'' and inserting ``Secretary of Homeland
Security''.
(b) Amendments Relating to the Jobs for Veterans Act.--
(1)(A) Subsection (c)(2)(B)(ii) of section 4102A is amended
by striking ``October 1, 2002'' and inserting ``October 1,
2003''.
(B) The amendment made by subparagraph (A) 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).
(2) Subsection (f)(1) of section 4102A is amended by
striking ``6 months after the date of the enactment of this
section,'' and inserting ``May 7, 2003,''.
(c) Amendments Relating to the Establishment of Social
Security Administration as an Independent Agency.--(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 Maine (Mr. Michaud) 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, the Senate amendment to H.R. 2297 reflects an agreement
with the other body on comparable House and Senate bills. The Veterans
Benefits Act of 2003 includes almost all of the provisions that were
contained in the bill when the House originally considered it, as well
as several other worthwhile provisions contained in S. 1136, which the
Senate passed on October 31.
Mr. Speaker, the Chairman of our Subcommittee on Benefits, the
distinguished gentleman from South Carolina, will describe several of
those important provisions, some seven titles in all, approximately 40
provisions, and I will yield to him in just a moment to do so. But let
me briefly touch on the benefits this bill contains and who will be
affected by it.
Mr. Speaker, many surviving spouses of veterans who die of a service-
related cause will qualify for restoration of benefits taken away when
they remarry. Former prisoners of war will find it easier to qualify
for veterans benefits that they so richly deserve. Disabled veterans
who own businesses will find it easier to sell their goods and services
to the Federal Government. The surviving children of those killed in
the line of duty will now receive a college-assisted payment that is 13
percent higher than the current benefit. Reservists who want to use the
VA home loan program will now be charged a lower fee.
Mr. Speaker, following on the heels of our historic enactment of
legislation to provide concurrent receipt benefits to over 250,000
severely disabled military retirees, this bill is a further testament
to Congress' commitment to aiding those who serve our country in the
Armed Forces. There are many other important provisions in this
measure, and I do urge my colleagues to review them. And, again, my
good friend and colleague, as well as the ranking member, will be going
into further detail.
I would especially like to congratulate the Chair and Ranking Member
of our Subcommittee on Benefits, the gentleman from South Carolina (Mr.
Brown) and the gentleman from Maine (Mr. Michaud) for holding hearings
this year on a variety of important issues affecting veterans. I am
pleased that

[[Page H11713]]

their efforts on the subcommittee pulled together in truly bipartisan
fashion all of these disparate elements into this omnibus bill to
advance the needs of our veterans.
And, again, I always like to thank, because we work hand in glove, my
good friend and colleague, the gentleman from Illinois (Mr. Evans), for
his work on this legislation 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, as amended,
the Veterans Benefits Act of 2003. I would like to thank the chairman,
the gentleman from New Jersey (Mr. Smith) and the ranking member, the
gentleman from Illinois (Mr. Evans), for their leadership on the full
committee and their successful negotiations with the Senate. I also
would like to personally thank my good friend, the chairman of the
subcommittee, the gentleman from South Carolina (Mr. Brown), for his
leadership and bipartisan spirit shown in considering these bills
assigned to our subcommittee. It definitely has been a pleasure working
with Chairman Brown and his staff.
The Veterans Benefits Act of 2003 includes provisions drawn from many
bills introduced by Members of both sides of the aisle. Our Nation's
servicemembers and veterans have earned and their families deserve all
the benefits provided under H.R. 2297 and, indeed, they certainly
deserve much, much more.
Mr. Speaker, I am proud to be a sponsor and cosponsor of many of
these measures that have been incorporated in H.R. 2297, including
provisions aimed to make the home loan benefit for members of the Guard
and Reserves permanent, to improve veterans education benefits, enhance
self-employment opportunities, and expand employment counseling and job
search assistance for servicemembers returning to civilian life after
separating from military installations overseas.
H.R. 2297 provides for more equitable and rational treatment for
surviving spouses and Filipino World War II veterans, of which I also
fully support. It allows former prisoners of war to qualify for certain
presumption of service connection and adds sclerosis of the liver to
the diseases considered presumptively disabling for POWs. The Gold Star
wives will benefit from our efforts to allow them to remarry after age
57 without losing the dependency and indemnity compensation,
educational, and home loan benefits that they currently receive. This
measure is long overdue and represents substantial progress.
I also support provisions brought forth by the other body which will
increase education benefits for the spouses, surviving spouses, and
dependent children for totally and permanently disabled and deceased
servicemembers.
Mr. Speaker, the provisions in this package will benefit
servicemembers and veterans from my State of Maine as well as their
families. It will help others all around the country as well. I fully
support H.R. 2297, as amended, and urge my colleagues to do the same.
Mr. Speaker, I rise today in strong support of H.R. 2297, as amended,
the Veterans Benefits Package of 2003.
I would like to thank Chairman Smith and Ranking Member Lane Evans
for their leadership on the full committee and their successful
negotiations with the Senate.
I would also like to personally thank Chairman Brown and his staff
for the cooperative manner shown in introducing and considering bills
assigned to our subcommittee. It has been a pleasure working with him
and his staff.
As is the custom of the House Committee on Veterans Affairs, a large
number of bills considered by the Subcommittee on Benefits have been
included in the Veterans Benefits Act of 2003.
I am pleased that H.R. 2294 which I introduced to extend the
Veterans' Advisory Committee on Education is included as section 307 of
H.R. 2297, as amended. The Veterans Advisory Committee provides useful
information to the Congress and should be continued.
I am also pleased that H.R. 3239 which I introduced to extend the
Veterans' Advisory Committee on Minority Veterans is included as
section 703 of H.R. 2297, as amended. This committee brings to the
attention of the Congress specific issues of concern to African-
American, Native America, Hispanic American, and Asian-Pacific Island
American veterans. I know that the Native American veterans of Maine,
as well as all minority veterans, will continue to benefit from the
counsel and advice provided by this committee.
I am original cosponsor of H.R. 761 introduced by our ranking
Democratic member of the full committee, Lane Evans, to permit
seriously disabled servicemembers to apply for grants to adapt their
homes before being discharged from military service. This provision
included as section 401 will enable seriously disabled servicemembers
to begin the process of obtaining suitable housing while on active
duty.
I joined our Ranking Democratic Member Lane Evans in introducing H.R.
1257 to make the home loan program of the Department of Veterans
Affairs for members of the Select Reserve a permanent program. This
provision is included as section 403 of H.R. 2297, as amended. That
bill also provided for an equalization of the fees paid by reservists
and active duty veterans. Although the fees were not equalized in the
final bill, I note that the rates have been reduced to a nominal amount
of 0.25 percent above that charged to active duty servicemembers and
veterans. As we know, reservists are an integral part of this Nation's
total force. Making their home loan benefits permanent and reducing the
fees they must pay acknowledges their service in a tangible way.
I am an original cosponsor of H.R. 1460 introduced by Mr. Renzi to
provide additional opportunities for service-disabled veterans to
contract with the Federal Government. Unfortunately, the record of
contracts awarded to service-disabled veterans by Federal agencies is
dismal and getting worse. Provisions from H.R. 1460 are included in
section 308 of H.R. 2297, as amended. I hope that Federal agencies will
take seriously their responsibility to contract with small businesses
owned or controlled by service-disabled veterans. Under the provision,
the committees expect that the Small Business Administration will
accept the determinations of the Secretary of Veterans Affairs with
respect to the definition of service-connection.
I joined my good friend and neighbor Mr. Bradley in introducing H.R.
2164 to provide an extension in the period of eligibility for
educational benefits provided to certain children of disabled and
deceased veterans, when those children are called to full time duty in
the National Guard. This provision is included in section 303 of H.R.
2297, as amended.
I am an original cosponsor of H.R. 2285 introduced by Mr. Simpson to
require the Secretary of Labor to provide staffing at overseas
locations to servicemembers who are separating from active duty. This
provision is included as section 309 of H.R. 2297, as amended. It is
unfortunate that the Secretary of Labor has not followed the lead of
the Secretary of Veterans Affairs in making these services available at
overseas locations. This bill will require the Secretary of Labor to do
so.
I joined our chairman on the full committee, Chris Smith, our ranking
Democratic member on the full committee. Lane Evans and our
subcommittee chairman, Henry Brown, in introducing H.R. 2297 which
provided the basis for this larger bill. I appreciate the efforts made
by the chairman of the full committee as well as Chairman Brown to
operate in a bipartisan manner.
Although H.R. 3392, introduced by our Democratic Ranking Member Lane
Evans and myself to improve the adjudication of claims for benefits was
not considered by the House committee during this session, I note that
provisions similar to that bill are included as section 701 of H.R.
2297, as amended.
I am also a cosponsor of many other bills included in H.R. 2297, as
amended. As a freshman Member of Congress, I am proud to have been able
to introduce and cosponsor legislation which will improve the lives of
our Nation's veterans.
The House Committee on Veterans Affairs has a reputation of serving
veterans in a bipartisan manner. This bill reflects that spirit of
cooperation.
Our Nation's servicemembers and veterans have earned--and their
families deserve--all the benefits provided under H.R. 2297, as
amended.
Indeed, they deserve so much more.
Mr. Speaker, the provisions in this package will benefit
servicemembers and veterans from my State of Maine as well as their
families. It will help others around the country as well.
I fully support H.R. 2297, as amended, 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), the
distinguished chairman of our Subcommittee on Benefits.
Mr. BROWN of South Carolina. Mr. Speaker, I thank the gentleman for
yielding me this time, and I am pleased

[[Page H11714]]

we are here today to consider the Veterans Benefits Act of 2003, a
bipartisan effort with no less than 37 substantive provisions.
Mr. Speaker, I would like to highlight five of the provisions of this
comprehensive bill which provides more than a billion dollars in
improved benefits over 10 years.
Section 101 of the bill is long overdue. After years of trying to
find the offsets, we are finally able to bring equity to those
surviving spouses who lose their Dependency and Indemnity Compensation
upon remarrying later in life. Section 101 would allow a surviving
spouse who remarries after age 57 to retain DIC, as well as home loan
and educational benefits. The gentleman from Florida (Mr. Bilirakis)
has championed this cause for almost 15 years now, and I appreciate his
dedication.
Small business is the bedrock of our economy. Section 301 of the bill
would expand the Montgomery GI bill while authorizing educational
assistance benefits for on-the-job training of less than 6 months in
various types of self-employment training programs. Similarly, section
305 would allow, for the first time, servicemembers, veterans and
certain dependents to enroll in entrepreneurship and pre-
entrepreneurship courses offered by the Small Business Development
Centers and the Veterans Business Development Corporation. I applaud
the gentleman from Arizona (Mr. Renzi) for this provision, as well as
provisions giving Federal agencies and departments new discretionary
contracting authority to assist service-disabled veteran-owned
businesses, another first.
Indeed, we, as a Nation, should accord veterans who become disabled
in their service to this Nation a full opportunity to participate in
the free enterprise system they have fought so hard to defend.
Section 309 would require the Department of Labor to go where its
customers are to provide in-person Transitional Assistance Program
services overseas, as VA has done since about 1992. I applaud the
gentleman from Idaho (Mr. Simpson) and the gentleman from Texas (Mr.
Reyes) for their long-standing work on this provision.
Lastly, section 402 of the bill increases the adapted housing and
automobile allowances for disabled servicemembers. I applaud the
chairman of the Senate Committee on Veterans' Affairs, Mr. Specter,
along with the ranking member, Mr. Graham, for their many excellent
contributions to this bill. I also applaud the former ranking member of
the Senate Committee on Veterans' Affairs, Mr. Rockefeller, for his
continued assistance.
In closing, I commend Chairman Smith, Ranking Member Evans, and
Subcommittee on Benefits' Ranking Member Michaud for their leadership
and diligent work on this bill, as well as the support they have given
to me my first term as chairman of the Subcommittee on Benefits. I also
want to recognize the good folks who make up the committee staff, many
of whom put in long hours so we could consider this bill before we
adjourned.
I wholeheartedly support H.R. 2297, as amended, and encourage the
full House to support it as well.
Mr. MICHAUD. Mr. Speaker, I yield 2 minutes to the gentleman from
Illinois (Mr. Evans), who has fought for veterans for a number of
years.
Mr. EVANS. Mr. Speaker, I want to thank the gentleman for yielding me
this time and for his fine work on the Subcommittee on Benefits this
year.
We have really defined the impact that we have had by working on a
bipartisan basis to achieve this. We have worked on a nonpartisan basis
with our chairman, and the ranking members of other subcommittees, such
as the gentleman from Maine (Mr. Michaud) and the gentleman from South
Carolina (Mr. Brown), have worked with the other body in finalizing
this legislation, and I think they deserve a strong salute from
veterans across the country.
I am very proud to be an original cosponsor of many of the provisions
contained in this act. I am especially pleased for children of veterans
who were exposed to herbicides in Korea, and who now are suffering from
spina bifida, like a lot of the kids that were exposed in the Vietnam
War. We must realize we have an obligation to those children and their
families, and I think we have started down that road as well.
The bill recognizes the contributions made by the Guard and Reserve
in making their home loan program permanent and reducing the funding
fees that they are charged. I am most pleased we are providing long-
term benefits to our Gold Star wives of the Filipino Veterans. This
bill also includes important veterans education benefits and extends
business opportunities for veterans.
H.R. 2297 is a good bill, and I urge all my colleagues to show their
support for our troops and Veterans by voting for it.
Mr. MICHAUD. Mr. Speaker, I yield 4 minutes to the gentleman from
California (Mr. Filner).
Mr. FILNER. Mr. Speaker, I thank the gentleman for yielding me this
time, and we are, of course, supporting H.R. 2297, a bill that
incorporates many provisions that have been discussed at the House
Committee on Veterans' Affairs and in the Senate Committee on Veterans'
Affairs, and it includes provisions that upgrade benefits in many, many
areas.
I would suspect, Mr. Chairman, that if this bill was taken one by one
in terms of the provisions in there and the health bill that we hope
will follow sometime later today, veterans across the Nation would
understand that we are really keeping our promise to our Nation's
veterans in both our benefits and our health provisions.
I would say to the chairman of the full committee, the gentleman from
New Jersey (Mr. Smith) and to the ranking member, the gentleman from
Illinois (Mr. Evans), the combination of the benefit and the health
bill probably represents one of the most productive years in the
history of this Congress in terms of veterans' benefits and veterans'
health care. So I thank the chairman, and I thank the ranking member
for bringing all these provisions together and working so hard and
allowing Members from both sides of the aisle to contribute. There are
provisions in these bills that represent both Democratic and Republican
contributions, and I think that is the way we ought to behave here, and
that is what this bill represents.
I just want to add a few comments to what has been stated previously.
Two provisions which I helped to write are in the bill. The first
involves a cause for which I have been fighting ever since I became a
Member of Congress, and it is exceptionally gratifying to see progress
on an important issue, and that is restoring the rightful benefits to
Filipino World War II veterans.
Many of us know that after being drafted into service by President
Franklin Delano Roosevelt, after bravely fighting alongside soldiers
from the U.S. mainland, many Filipino veterans were deprived of their
promised benefits by the Congress of 1946. In the intervening years,
many of these veterans have emigrated to the United States and have
become American citizens. This bill will increase the compensation
received by one part of the Filipino Armed Forces, and that is the new
Filipino Scouts.
They had been given what is called the ``peso rate'' in their
disability compensation. That is one-half of what an American soldier
would get. And they have been receiving that peso rate since the end of
the war, whether they have lived in the United States or in the
Philippines. For these that live in the United States, their cost of
living is equal to the veterans here, and paying half is just simply
not acceptable. Upon the passage of this bill, the widows of the
Filipino World War II veterans will also receive the full amount of
their DIC benefits, and burial benefits for the new Scouts will also be
restored. So this is justice restored after almost 60 years of being
denied.
There is another provision which I am pleased to see in this bill,
and that involves life insurance policies. The VA currently holds about
4,000 insurance policies, valued at about $23 million, on which payment
has not been made because the VA has not been able to locate the
identified beneficiary.
What will happen after this bill passes is that the VA can pay
secondary benefits if we cannot locate the primary beneficiary. And if
no beneficiary files within 4 years, the VA secretary may pay another
appropriate relative. It is a shame to have Veterans paying for life
insurance throughout

[[Page H11715]]

their lifetimes only to have their insurance unclaimed. So this will
benefit the families of many of our veterans in this country.

{time} 1515

Mr. Speaker, these are just two portions of the bill. There are many,
many provisions which have been described by my colleagues. Again, I
think it is a great advance for veterans to be able to receive the
benefits that are in H.R. 2297, so I urge Members to support this bill.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I want to thank the gentleman from California (Mr.
Filner) for his kind remarks and also point out that he has been
indefatigable in fighting for the Filipino veterans, and thank the
gentleman for his hard work, which has been incorporated in this bill.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Florida (Ms.
Ginny Brown-Waite).
Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise today to offer
my support for H.R. 2297, the legislation that the Committee on
Veterans' Affairs has worked so hard to pass this year. I want to
commend the gentleman from New Jersey (Chairman Smith); the ranking
member, the gentleman from Illinois (Mr. Evans); and the gentleman from
South Carolina (Mr. Brown) for their steadfast leadership on veterans
issues.
I also want to recognize the efforts of the gentleman from Arizona
(Mr. Renzi) in drafting the Veterans Entrepreneurship Act of 2003,
which is included in this legislation. Obviously, this bill will
increase the opportunity afforded to veterans who spent their youth
serving our country. Federal agencies will have the discretionary
authority to sole source contracts for disabled veteran-owned
businesses. Additionally, disabled veterans enrolled in school under a
VA vocational rehab program will be allowed to declare self-employment
as a vocational goal. Certainly this encourages entrepreneurship and
business ownership. It clearly establishes a level playing field for
those who have been wounded or injured while defending our freedom.
Very important to a lot of widows back home is that it addresses an
injustice which has been suffered by military widows whose spouses died
while on active duty or of a service-connected condition. They will no
longer be denied the benefits earned by their first husband if they
choose to remarry later in life. A military spouse already faces a life
of sacrifice and hardship and should not be stripped of earned benefits
because of a new-found love and companionship. We should not as a
government be discouraging people to get married, and this bill
corrects that injustice.
In a time of war, it is critically important that our servicemen and
-women see that when they return home they will be welcomed by an
eternally grateful Nation. This bill helps to express the gratitude
that Congress has for our veterans of wars past and present.
Mr. MICHAUD. Mr. Speaker, I yield 2 minutes to the gentleman from
Ohio (Mr. Strickland), who has fought for veterans issues for a number
of years.
Mr. STRICKLAND. Mr. Speaker, I thank the gentleman for yielding me
this time, and I thank him for his work on this legislation that offers
important benefits to very deserving veterans and their families.
There are many excellent provisions in this bill, and we should all
support these provisions, including benefits to POWs and Filipino
veterans. I would particularly like to thank the gentleman from
Illinois (Mr. Evans) and his staff and the staff of the Committee on
Veterans' Affairs for their work in putting an end to lending schemes
that target our Nation's veterans.
Recently, I introduced legislation on making this type of predatory
lending illegal, and I am happy to have this language incorporated into
this legislation. Predatory lenders are preying on veterans by
manipulating them into surrendering their veterans benefits for lump
sums, lump sums that these lenders then charge interest rates on
ranging from 39 to 106 percent. It is embarrassing that companies would
prey on our Nation's veterans and seize the benefits that these
veterans have earned through their service to our country. I am
grateful that these provisions have been included in this legislation
which make it clear that such practices are illegal and that predatory
lenders who trick our veterans into surrendering their VA benefits will
be in violation of the law.
Again, I would like to thank the gentleman from New Jersey (Mr.
Smith), the chairman of the full committee, and the gentleman from
Illinois (Mr. Evans), our ranking member, for their work; and I would
especially like to thank the staffs on both the Republican and
Democratic sides who worked so closely together to do those things
which can make life better for our veterans.
Mr. SMITH of New Jersey. Mr. Speaker, I reserve the balance of my
time.
Mr. MICHAUD. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, in closing, I would like to once again thank the
gentleman from New Jersey (Mr. Smith) and the ranking member, the
gentleman from Illinois (Mr. Evans), for all their work, as well as the
chairman of the Subcommittee on Benefits, the gentleman from South
Carolina (Mr. Brown). I think our servicemen, our veterans in this
country, can be very proud of the way the Committee on Veterans'
Affairs has handled itself this year in a bipartisan manner, looking
out for veterans in this country for all the work that they do as well.
I would also like to thank staff on both the Republican and
Democratic side for working together in a bipartisan way. The only way
we are ever going to move forward and get veterans issues addressed in
Congress is by working together in a bipartisan manner. I wish actually
some other committees here in Congress would look at the way the
Committee on Veterans' Affairs operates and act as bipartisanly.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I thank our colleagues on the other side of the aisle,
all of the staff who have worked for days, weeks and months on this
legislation through the hearing process. There are seven titles and
close to 40 provisions in this bill. It is a very comprehensive omnibus
bill, and so many Members made a difference in its content.
I would like to say we break a lot of new ground in this legislation,
including the legislation dealing with veterans' businesses so that
set-asides, sole source procurements, and the benefits accruing thereon
will go to veterans themselves. In the past, veterans have gotten so
little of the Federal procurement dollars--only 0.13 of 1 percent--
which is unconscionable. This legislation now gives discretionary
authority government-wide so we can again facilitate these important
businesses.
Let me also point out that provision, just like the whole bill which
is backed by virtually every veteran service organization in the
country--that particular provision--on veterans' businesses has 36
military and veterans organizations backing it from a broad spectrum.
From the largest Hispanic organization to the Black Veterans for Social
Justice, we have a good cross-spectrum of people backing this provision
because our veterans who have served so ably and are disabled are
absolutely deserving of this legislation.
I thank the gentleman from Arizona (Mr. Renzi) for his leadership on
this particular provision. He actually introduced the bill which is
incorporated here in our final product. Mr. Renzi has been a champion
of veterans benefits, and I thank him.
Mr. Speaker, I also thank Senator Rockefeller, who was instrumental
in encouraging a strong text for this provision. I also thank our
counterparts in the Senate, Senator Graham and the chairman of the
Committee on Veterans' Affairs, Senator Specter, for their work on this
legislation and their spirit of cooperation.
Mr. Speaker, I include for the Record a joint explanatory statement
describing all of the provisions including the compromise agreement
that we have reached with the other body.

[[Page H11716]]

Explanatory Statement on Senate Amendment to House Bill, H.R. 2297, as
Amended

H.R. 2297, as amended, the Veterans Benefits Act of 2003,
reflects a Compromise Agreement reached by the House and
Senate Committees on Veterans' Affairs (``the Committees'')
on the following bills considered in the House and Senate
during the 108th Congress: H.R. 1257; H.R. 1460, as amended;
H.R. 2297, as amended (``House Bill''); and S. 1132, as
amended (``Senate Bill''). H.R. 1257 passed the House on May
22, 2003; H.R. 1460, as amended, passed the House on June 24,
2003; H.R. 2297, as amended, passed the House on October 8,
2003; S. 1132, as amended, passed the Senate on October 31,
2003.
The House and Senate Committees on Veterans' Affairs have
prepared the following explanation of H.R. 2297, as amended
(``Compromise Agreement''). Differences between the
provisions contained in the Compromise Agreement and the
related provisions of H.R. 1257, H.R. 1460, as amended, H.R.
2297, as amended, and S. 1132, as amended, are noted in this
document, except for clerical corrections, conforming changes
made necessary by the Compromise Agreement, and minor
drafting, technical, and clarifying changes.

TITLE I: SURVIVOR BENEFITS

RETENTION OF CERTAIN VETERANS SURVIVOR BENEFITS FOR SURVIVING SPOUSES
REMARRYING AFTER AGE 57

Current Law
Section 103(d) of title 38, United States Code, prohibits a
surviving spouse who has remarried from receiving dependency
and indemnity compensation (``DIC'') and related housing and
education benefits during the course of the remarriage. This
benefit may be reinstated in the event the subsequent
marriage is terminated. Public Law 107-330 extended to
surviving spouses who remarry after age 55 continuing
eligibility under the Civilian Health and Medical Program of
the Department of Veterans Affairs (``CHAMPVA'').
House Bill
Section 6 of H.R. 2297, as amended, would allow a surviving
spouse who remarries after attaining age 55 to retain the DIC
benefit. Spouses who remarry at age 55 or older prior to
enactment of the bill would have one year from the date of
enactment to apply for reinstatement of DIC benefits. The
amount of DIC would be paid with no reduction of certain
other Federal benefits to which the surviving spouse might be
entitled.
Senate Bill
The Senate Bill contains no comparable provision.
Compromise Agreement
Section 101 of the Compromise Agreement would provide that
a surviving spouse upon remarriage after attaining age 57
would retain DIC, home loan, and educational benefits
eligibility. Surviving spouses who remarried after attaining
age 57 prior to enactment of the Compromise Agreement would
have one year to apply for reinstatement of these benefits.

BENEFITS FOR CHILDREN WITH SPINA BIFIDA OF VETERANS OF CERTAIN SERVICE
IN KOREA

Current Law
Chapter 18 of title 38, United States Code, authorizes the
Department of Veterans Affairs (``VA'') to provide benefits
and services to those children born with spina bifida whose
natural parent (before the child was conceived) served in the
Republic of Vietnam between January 9, 1962 and May 7, 1975.
Benefits and services are authorized due to the association
between exposure to dioxin and the incidence of spina bifida
in the children of those exposed. Children born with spina
bifida whose parent was exposed to dioxin and other
herbicides during military service in locations other than
the Republic of Vietnam do not qualify for VA benefits and
services.
House Bill
Section 12 of H.R. 2297, as amended, would permit children
born with spina bifida whose parent (before the child was
conceived) served in an area of Korea near the demilitarized
zone (``DMZ'') between October 1, 1967 and May 7, 1975, to
qualify for benefits in the same manner as children whose
parent served in the Republic of Vietnam.
Senate Bill
Section 101 of S. 1132, as amended, would permit children
with spina bifida whose parent (before the child was
conceived) served in or near the DMZ in Korea during the
period beginning on January 1, 1967, and ending on December
31, 1969, to qualify for benefits in the same manner as
children whose parent served in the Republic of Vietnam. The
Senate Bill would require the Secretary of Veterans Affairs
to make determinations of exposure to herbicides in Korea in
consultation with the Secretary of Defense.
Compromise Agreement
Section 102 of the Compromise Agreement would generally
follow the Senate language. However, under the Compromise
Agreement, the time period for qualifying service in or near
the DMZ is changed to service which occurred during the
period beginning on September 1, 1967, and ending on August
31, 1971. The Committees note that although use of herbicides
in Vietnam ceased in 1971, Vietnam-era veterans who served
until May 7, 1975, are presumed to have been exposed to
residuals. Similarly, even though herbicide use in or near
the Korean DMZ ended in 1969, the Committees believe it is
appropriate to extend the qualifying service period beyond
1969 to account for residual exposure.
The Committees also note that the Secretary of Defense has
identified the following units as those assigned or rotated
to areas near the DMZ where herbicides were used between 1968
and 1969: combat brigades of the 2nd Infantry Division (1-38
Infantry, 2-38 Infantry, 1-23 Infantry, 2-23 Infantry, 3-23
Infantry, 3-32 Infantry, 1-9 Infantry, 2-9 Infantry, 1-72
Armor, and 2-72 Armor); Division Reaction Force (4-7th
Cavalry, Counter Agent Company); 3rd Brigade of the 7th
Infantry Division (1-17th Infantry, 2-17 Infantry, 1-73 Armor
and 2-10th Cavalry); and Field Artillery, Signal and Engineer
support personnel.

ALTERNATE BENEFICIARIES FOR NATIONAL SERVICE LIFE INSURANCE AND UNITED
STATES GOVERNMENT LIFE INSURANCE

Current Law
Section 1917 of title 38, United States Code, gives
veterans insured under the VA's National Service Life
Insurance (``NSLI'') program the right to designate the
beneficiary or beneficiaries of insurance policies maturing
on or after August 1, 1946. It also specifies the modes of
payment to beneficiaries when an insured dies, and sets forth
the procedure to be followed when a beneficiary has not been
designated or dies before the insured.
Section 1949 of title 38, United States Code, gives
veterans insured under the United States Government Life
Insurance (``USGLI'') program the right to change
beneficiaries, and sections 1950 through 1952 of title 38 set
out the modes of payment to designated beneficiaries and sets
forth the procedure to be followed when a beneficiary either
has not been designated or dies before the insured.
For the NSLI and USGLI programs, the law does not specify
the course of action VA is to take when no beneficiary can be
found.
House Bill
The House Bill contains no comparable provision.
Senate Bill
Section 102 of S. 1132, as amended, would authorize the
payment of NSLI and USGLI to alternate beneficiaries, in
order of precedence and as designated by the insured veteran,
if no claim is made by the primary beneficiary within two
years of the insured veteran's death. If four years have
elapsed since the death of the insured and no claim has been
filed by a person designated by the insured as a beneficiary,
section 102 would authorize VA to make payment to a person VA
determines to be equitably entitled to such payment.
Compromise Agreement
Section 103 of the Compromise Agreement follows the Senate
language.

PAYMENT OF BENEFITS ACCRUED AND UNPAID AT TIME OF DEATH

Current Law
Section 5121 of title 38, United States Code, restricts
specified classes of survivors to receiving no more than two
years of accrued benefits if a veteran dies while a claim for
VA periodic monetary benefits (other than insurance and
servicemen's indemnity) is being adjudicated. Public Law 104-
275 extended the retroactive payment from one year to two
years.
House Bill
Section 6 of H.R. 1460, as amended, would repeal the two-
year limitation on accrued benefits so that a veteran's
survivor may receive the full amount of award for accrued
benefits.
Senate Bill
Section 105 of S. 1132, as amended, contains an identical
provision.
Compromise Agreement
Section 104 of the Compromise Agreement contains this
provision.

TITLE II: BENEFITS FOR FORMER PRISONERS OF WAR AND FOR FILIPINO
VETERANS

Subtitle A--Former Prisoners of War

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

Current Law
Section 1112(b) of title 38, United States Code, specifies
a list of 15 disabilities that VA presumes are related to
military service for former prisoners of war (``POWs'') who
were held captive for not less than 30 days. If a former POW
was interned for less than 30 days, he or she must establish
that the disability was incurred or aggravated during
military service in order for service connection to be
granted.
The list in section 1112(b) of title 38, United States
Code, does not include cirrhosis of the liver; however, on
July 18, 2003, VA published a regulation adding cirrhosis of
the liver to the list of conditions presumptively service-
connected for former POWs. (68 Fed. Reg. 42,602).
House Bill
Section 11 of H.R. 2297, as amended, would eliminate the
30-day requirement for psychosis, any anxiety states,
dysthymic disorders, organic residuals of frostbite and post-
traumatic arthritis. Section 11 would also codify cirrhosis
of the liver as a disability which is presumptively service-
connected for a former POW who was interned for at least 30
days.

[[Page H11717]]

Senate Bill
Section 302 of S. 1132, as amended, contains an identical
provision.
Compromise Agreement
Section 201 of the Compromise Agreement contains this
provision.

Subtitle B--Filipino Veterans

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

Current Law
Section 107(a) of title 38, United States Code, generally
provides that service before July 1, 1946, in the organized
military forces of the Government of the Commonwealth of the
Philippines, including organized guerilla units
(``Commonwealth Army veterans''), may in some circumstances
be a basis for entitlement to disability compensation,
dependency and indemnity compensation, monetary burial
benefits, and certain other benefits under title 38, United
States Code, and that payment of such benefits will be at the
rate of $0.50 for each dollar authorized. Section 107(b) of
title 38, United States Code, generally provides that service
in the Philippine Scouts under section 14 of the Armed Forces
Voluntary Recruitment Act of 1945 (i.e., service in the ``new
Philippine Scouts''), may be a basis for entitlement to
disability compensation, DIC, and certain other benefits
under title 38, United States Code, but payment of such
benefits will be at the rate of $0.50 for each dollar
authorized.
House Bill
Section 16 of H.R. 2297, as amended, would provide the full
amount of compensation and DIC to eligible members of the new
Philippine Scouts, as well as the full amount of DIC paid by
reason of service in the organized military forces of the
Commonwealth of the Philippines, including organized guerilla
units, if the individual to whom the benefit is payable
resides in the United States and is either a citizen of the
U.S. or an alien lawfully admitted for permanent residence.
Senate Bill
Section 321 of S. 1132, as amended, contains an identical
provision.
Compromise Agreement
Section 211 of the Compromise Agreement contains this
provision.

BURIAL BENEFITS FOR NEW PHILIPPINE SCOUTS RESIDING IN THE UNITED STATES

Current Law
Section 107 of title 38, United States Code, provides that
persons who served in the organized military forces of the
Government of the Commonwealth of the Philippines, including
organized guerilla units (``Commonwealth Army veterans''),
who lawfully reside in the United States are eligible for
burial in a VA national cemetery and VA monetary burial
benefits at the full-dollar rate if, at the time of death,
they are receiving VA disability compensation or would have
been receiving VA pension but for their lack of qualifying
service.
House Bill
Section 17 of H.R. 2297, as amended, would extend
eligibility for burial in a national cemetery to new
Philippine Scouts, as well as eligibility for VA burial
benefits, to those who lawfully reside in the United States.
Senate Bill
Section 322 of S. 1132, as amended, contains an identical
provision.
Compromise Agreement
Section 212 of the Compromise Agreement contains this
provision.

EXTENSION OF AUTHORITY TO MAINTAIN REGIONAL OFFICE IN THE REPUBLIC OF
THE PHILIPPINES

Current Law
Section 315(b) of title 38, United States Code, authorizes
the Secretary of Veterans Affairs to operate a regional
office in the Republic of the Philippines until December 31,
2003. Congress last extended this authority in Public Law
106-117.
House Bill
Section 18 of H.R. 2297, as amended, would extend the
Secretary's authority to operate a regional office in the
Republic of the Philippines through December 31, 2009.
Senate Bill
Section 323 of S. 1132, as amended, would extend the
Secretary's authority to operate a regional office in the
Republic of the Philippines through December 31, 2008.
Compromise Agreement
Section 213 of the Compromise Agreement follows the House
language.

TITLE III: EDUCATION BENEFITS, EMPLOYMENT PROVISIONS, AND RELATED
MATTERS

expansion of montgomery gi bill education benefits for certain self-
employment training

Current Law
Section 3452(e) of title 38, United States Code, furnishes
various legal definitions used in the administration of VA's
educational assistance programs. Self-employment training is
not included among the current definitions.
House Bill
Section 2 of H.R. 2297, as amended, would expand the
Montgomery GI Bill program by authorizing educational
assistance benefits for on-job training of less than six
months in certain self-employment training programs, to
include: (1) an establishment providing apprentice or other
on-job training, including programs under the supervision of
a college or university or any State department of education;
(2) an establishment providing self-employment training
consisting of full-time training for less than six months
that is needed for obtaining licensure to engage in a self-
employment occupation or required for ownership and operation
of a franchise; (3) a State board of vocational education;
(4) a Federal or State apprenticeship registration agency;
(5) a joint apprenticeship committee established pursuant to
the National Apprenticeship Act, title 29, United States
Code; or (6) an agency of the Federal Government authorized
to supervise such training.
Senate Bill
The Senate Bill contains no comparable provision.
Compromise Agreement
Section 301 of the Compromise Agreement follows the House
language.

increase in rates of survivors' and dependents' educational assistance

Current Law
Chapter 35 of title 38, United States Code, specifies the
eligibility criteria, programs of education and training, and
payment amounts applicable under VA's Survivors' and
Dependents' Educational Assistance (``DEA'') benefits
program. Generally, those eligible for DEA benefits are the
spouses and dependents of: veterans with total and permanent
service-connected ratings; veterans who died as a result of
service-related injuries; or servicemembers who died while on
active duty. Currently, monthly benefit rates for eligible
DEA beneficiaries are $695 for full-time study, $522 for
three-quarter-time study, and $347 for half-time study.
Monthly DEA benefits are also available for beneficiaries
pursuing programs of education on a less-than-half-time
basis, through farm cooperative programs, correspondence
courses, special restorative training programs, or programs
of apprenticeship or other approved on-job training programs.
House Bill
The House Bill contains no comparable provision.
Senate Bill
Section 104 of S. 1132, as amended, would raise monthly DEA
benefits by 13.4 percent over current levels. The new rates
would be set at $788 for full-time study, $592 for three-
quarter time study, and $394 for half-time study. A 13.4
percent increase would also be made to benefits paid to
eligible persons pursuing a program of education on a less
than half-time basis, through institutional courses, farm
cooperative programs, correspondence courses, special
restorative training programs, or programs of apprenticeship
or other approved on-job training programs. The increases
would take effect on July 1, 2004.
Compromise Agreement
Section 302 of the Compromise Agreement follows the Senate
language.

restoration of survivors' and dependents' education benefits of
individuals being ordered to full-time national guard duty

Current Law
Section 3512(h) of title 38, United States Code, provides
for an extension of Survivors' and Dependents' Educational
Assistance only to reservists called to active duty after
September 11, 2001, for an amount of time equal to that
period of full-time duty, plus 4 months.
House Bill
Section 3 of H.R. 2297, as amended, would provide that
National Guard members who qualify for survivors' and
dependents' education benefits under chapter 35 of title 38,
United States Code, and are involuntarily ordered to full-
time duty under title 32, United States Code, after September
11, 2001, would have their eligibility extended by an amount
of time equal to that period of full-time duty, plus 4
months.
Senate Bill
Section 103 of S. 1132, as amended, contains an identical
provision.
Compromise Agreement
Section 303 of the Compromise Agreement contains this
provision.

rounding down of certain cost-of-living adjustments on educational
assistance

Current Law
Sections 3015(h) and 3564 of title 38, United States Code,
provide for annual cost-of-living adjustments to both the
Montgomery GI Bill and Survivors' and Dependents' Educational
Assistance programs. Each section specifies that percentage
increases be ``rounded to the nearest dollar.''
House Bill
The House Bill contains no comparable provision.
Senate Bill
Section 304 of S. 1132, as amended, would require annual
percentage adjustments under sections 3015(h) and 3564 to be
rounded down to the nearest dollar. This section would first
apply to adjustments made at the start of fiscal year 2005.
Compromise Agreement
Section 304 of the Compromise Agreement follows the Senate
language. However, the

[[Page H11718]]

Compromise Agreement specifies that the changes made by the
Senate language shall be effective only through September 30,
2013.

authorization for state approving agencies to approve certain
entrepreneurship courses

Current Law
Section 3675 of title 38, United States Code, establishes
requirements for approval of accredited courses offered by
educational institutions. Section 3452 of title 38, United
States Code, furnishes various legal definitions used in the
administration of VA educational assistance programs. Section
3471 of title 38, United States Code, establishes general
requirements which must be met by educational institutions
before VA may approve applications for educational assistance
from veterans or eligible persons. There is no provision in
current law authorizing the approval of entrepreneurship
courses.
House Bill
Section 2 of H.R 1460, as amended, would allow State
approving agencies to approve non-degree, non-credit
entrepreneurship courses offered by a Small Business
Development Center (``SBDC'') or the National Veterans
Business Development Corporation for the training of
veterans, disabled veterans, dependent spouses and children
of certain disabled or deceased veterans, and members of the
National Guard and Selected Reserve. VA would also be
prohibited from considering a beneficiary as already
qualified for the objective of a program of education offered
by a qualified provider of an entrepreneurship course solely
because he or she is the owner or operator of a small
business.
Senate Bill
The Senate Bill contains no comparable provision.
Compromise Agreement
Section 305 of the Compromise Agreement follows the House
language.

repeal of provisions relating to obsolete education loan program

Current Law
Subchapter III of chapter 36 of title 38, United States
Code, establishes VA's education loan program, states policy
regarding eligibility, amount, condition, and interest rates
of loans, and establishes a revolving fund and insurance
against defaults as part of its administration. This program
has been in effect since January 1, 1975.
House Bill
Section 5 of H.R. 2297, as amended, would, effective on the
date of enactment, repeal the VA education loan program and
waive any existing repayment obligations of a veteran,
including overpayments due to default on these loans.
Senate Bill
Section 305 of S. 1132, as amended, contains a comparable
provision, but terminates the program 90 days after date of
enactment.
Compromise Agreement
Section 306 of the Compromise Agreement follows the Senate
language.

six-year extension of veterans' advisory committee on education

Current Law
Section 3692 of title 38, United States Code, requires the
Secretary of Veterans Affairs to administer a Veterans'
Advisory Committee on Education. It requires the Secretary to
consult with and seek the advice of the Advisory Committee
from time to time with respect to the administration of
chapters 30, 32, and 35 of title 38, United States Code, and
chapter 1606 of title 10, United States Code. The Advisory
Committee's authorization expires on December 31, 2003.
House Bill
Section 4 of H.R. 2297, as amended, would extend, through
December 31, 2009, the Veterans' Advisory Committee on
Education, as well as amend the language to eliminate the
requirement that veterans from certain periods--World War II,
Korean conflict era, or post-Korean conflict era--be required
to participate as members of the Advisory Committee.
Senate Bill
Section 342 of S. 1132, as amended, would extend the
Veterans' Advisory Committee on Education through December
31, 2013, and maintain the existing membership requirements,
as practicable.
Compromise Agreement
Section 307 of the Compromise Agreement follows the Senate
language with regard to membership, and the House language
with regard to extending the Advisory Committee's
authorization date through December 31, 2009.

procurement program for small business concerns owned and controlled by
qualified service-disabled veterans

Current Law
Sections 631 through 657 of title 15, United States Code,
establish policies with respect to aid to small businesses.
Section 637 specifies Small Business Administration (``SBA'')
authorities regarding procurement matters. Section 637(a)
specifies SBA authorities with respect to procurement
contracts and subcontracts to disadvantaged small business
concerns. Section 637(d) establishes policies regarding
performance of contracts by small business concerns
(``SBC''), as described in title 15, United States Code.
Section 637(h) establishes policies regarding award of
contracts, procedures other than competitive ones, and
exceptions.
House Bill
Section 3 of H.R. 1460, as amended, would provide Federal
agencies discretionary authority to create ``sole-source''
contracts for service-disabled veteran-owned and controlled
small businesses, up to $5 million for manufacturing contract
awards and up to $3 million for non-manufacturing contract
awards.
This section would provide Federal agencies discretionary
authority to restrict certain contracts to service-disabled
veteran-owned and controlled small businesses if at least two
such concerns are qualified to bid on the contract.
Section 3 would establish a contracting priority that
places restricted and ``sole source'' contracts for service-
disabled veteran-owned and controlled small businesses
immediately below the priority for socially and economically
disadvantaged firms (known as ``8(a)'' program contracts) for
all Federal departments and agencies except VA. Such
priorities for service-disabled veteran-owned and controlled
small businesses would rank above priorities for HUBZone and
women-owned businesses. HUBZones are SBCs located in
historically underutilized business zones. However, a
contracting officer would procure from a source on the basis
of a preference provided under any provision of this
legislation unless the contracting officer had determined the
procurement could be made by a contracting authority having a
higher priority. Lastly, procurement could not be made from a
source on the basis of preference provided under this
legislation if the procurement could otherwise be made from a
different source under section 4124 or 4125 of title 18,
United States Code, or the Javits-Wagner-O'Day Act.
Section 3 would establish a four-year pilot program in the
Department of Veterans Affairs in which service-disabled
veteran-owned and controlled small businesses would have the
same contracting priority as the 8(a) program.
This section would define ``qualified service-disabled
veteran'' as any veteran who (1) has one or more disabilities
that are service-connected as defined in section 101(16) of
title 38, United States Code, and are rated at 10 percent or
more by the Secretary of Veterans Affairs, or (2) is entitled
to benefits under section 1151 of title 38, United States
Code.
Section 3 would define ``small business concerns owned and
controlled by qualified service-disabled veterans'' as (1)
one in which not less than 51 percent of which is owned by
one or more qualified service-disabled veterans or, in the
case of any publicly-owned businesses, not less than 51
percent of the stock of which is owned by one or more
qualified service-disabled veterans, and (2) the management
and daily business operations of which are controlled by one
or more qualified service-disabled veterans or, in the case
of a veteran with permanent and severe disability, the spouse
or permanent care giver of the veteran.
Section 3 would define the term ``certified small business
concerns owned and controlled any qualified service-disabled
veterans'' as any small business concern owned and controlled
by qualified service-disabled veterans that is certified by
the Administrator of the Small Business Administration as
being such a concern.
Senate Bill
The Senate Bill contains no comparable provision.
Compromise Agreement
Section 308 of the Compromise Agreement would provide
Federal contracting officials the discretionary authority to
award sole source contracts (limited to contracts of up to $5
million for manufacturing and $3 million for non-
manufacturing) to SBCs owned and controlled by service-
disabled veterans. This section would also provide Federal
contracting officials, in certain circumstances, the
discretionary authority to award contracts on a restricted
competition basis to SBCs owned and controlled by service-
disabled veterans. This provision would not supercede any
existing procurement preference established under law.
Specifically, it would not accord service-disabled veteran
small business owners priority over procurement preferences
under the Federal Prison Industries, Javits-Wagner-O'Day, SBA
8(a), Women's, or HubZone programs. Rather, the Committees
intend the provision to provide Federal contracting
officials a means to improve their results with respect to
contracting with service-disabled veterans. The Committees
note that in 1999, Public Law 106-50 established a 3
percent government-wide goal for procurement from service-
disabled veteran-owned small businesses. To date, all
Federal agencies fall far short of reaching this
procurement goal.The Committees intend that a
determination of service-connection by the Secretary of
Veterans Affairs would be binding on the SBA for purposes
of participation in this program. The Committees also urge
the SBA and the Office of Federal Procurement Policy to
expeditiously and transparently implement this program,
perform outreach, and provide the necessary resources to
improve results with respect to SBCs owned and operated by
service-disabled veterans.

OUTSTATIONING OF TRANSITION ASSISTANCE PROGRAM PERSONNEL

Current Law
Section 1144 of title 10, United States Code, authorizes
the Secretary of Labor to place

[[Page H11719]]

staff in veterans' assistance offices on military
installations, both foreign and domestic, to help
transitioning servicemembers obtain civilian jobs.
House Bill
Section 19 of H.R. 2297, as amended, would require the
Department of Labor to place staff in veterans' assistance
offices where VA staff are located at overseas military
installations 90 days after enactment. It would also
authorize the Department of Labor to exceed the number of VA
locations and place staff in additional locations abroad.
Senate Bill
The Senate Bill contains no comparable provision.
Compromise Agreement
Section 309 of the Compromise Agreement follows the House
language with a technical modification.

TITLE IV: HOUSING BENEFITS AND RELATED MATTERS

AUTHORIZATION TO PROVIDE ADAPTED HOUSING ASSISTANCE TO CERTAIN DISABLED
MEMBERS OF THE ARMED FORCES WHO REMAIN ON ACTIVE DUTY

Current Law
Section 2101 of title 38, United States Code, provides for
grants to adapt or acquire suitable housing for certain
severely disabled veterans, including veterans who are unable
to ambulate without assistance. Severely disabled
servicemembers who have not yet been processed for discharge
from military service, but who will qualify for the benefit
upon discharge due to the severity of their disabilities, are
not allowed to apply for or receive the grant until they are
actually discharged from military service.
House Bill
Section 4 of H.R. 1460, as amended, would permit a member
of the Armed Forces to apply for and receive a grant prior to
actually being discharged from military service.
Senate Bill
The Senate Bill contains no comparable provision.
Compromise Agreement
Section 401 of the Compromise Agreement follows the House
language.

INCREASE IN AMOUNTS FOR CERTAIN ADAPTIVE BENEFITS FOR DISABLED VETERANS

Current Law
The Secretary of Veterans Affairs is authorized in chapter
21 of title 38, United States Code, to assist eligible
veterans in acquiring suitable housing and adaptations with
special fixtures made necessary by the nature of the
veteran's service-connected disability, and with the
necessary land. The maximum amount authorized for a severely
disabled veteran is $48,000. The maximum amount authorized
for less severely disabled veterans is $9,250.
Section 3902(a) of title 38, United States Code, authorizes
the Secretary to pay up to $9,000 to an eligible disabled
servicemember or veteran to purchase an automobile (including
all state, local, and other taxes).
House Bill
Section 10(a) of H.R. 2297, as amended, would increase the
specially adapted housing grants for the most severely
disabled veterans from $48,000 to $50,000, and from $9,250 to
$10,000 for less severely disabled veterans.
Section 10(b) would increase the specially adapted
automobile grant from $9,000 to $11,000.
Senate Bill
The Senate Bill contains no comparable provision.
Compromise Agreement
Section 402 of the Compromise Agreement follows the House
language.

PERMANENT AUTHORITY FOR HOUSING LOANS FOR MEMBERS OF THE SELECTED
RESERVE

Current Law
Under section 3702(a)(2)(E) of title 38, United States
Code, members of the Selected Reserve qualify for a VA home
loan if the reservist has served for a minimum of six years.
Eligibility for reservists under this program is scheduled to
expire on September 30, 2009.
House Bill
Section 13 of H.R. 2297, as amended, would make the
Selected Reserve home loan program permanent.
Senate Bill
The Senate Bill contains no comparable provision.
Compromise Agreement
Section 403 of the Compromise Agreement follows the House
language.

REINSTATEMENT OF MINIMUM REQUIREMENTS FOR SALE OF VENDEE LOANS

Current Law
Section 3733 of title 38, United States Code, generally
establishes property management policies for real property
acquired by the Department of Veterans Affairs as a result of
a default on a loan that VA has guaranteed.
House Bill
Section 15 of H.R. 2297, as amended, would reinstate the
vendee loan program which VA administratively terminated on
January 31, 2003. It would increase from 65 percent to 85
percent the maximum number of purchases of real property the
Secretary may finance in a fiscal year. It would change the
vendee loan program from a discretionary to a mandatory one.
Senate Bill
Section 308 of S. 1132, as amended, contains an identical
provision.
Compromise Agreement
Section 404 of the Compromise Agreement contains this
provision. However, the Compromise Agreement specifies that
the changes made under this provision shall expire after
September 30, 2013.

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

Current Law
Section 3729(a) of title 38, United States Code, requires
that a fee shall be collected from each person (1) obtaining
a housing loan guaranteed, insured, or made under chapter 37;
and (2) assuming a loan to which section 3714 (concerning
loan assumptions) applies. The fee may be included in the
loan.
Section 3729(b) of title 38, United States Code, determines
the amount of the home loan fees expressed as a percentage of
the total amount of the loan guaranteed, insured, or made,
or, in the case of a loan assumption, the unpaid principal
balance of the loan on the date of the transfer of the
property.
Section 3729(b)(2) requires that veterans who served in the
Selected Reserve pay 75 basis points more than veterans with
active duty service.
House Bill
Section 14 of H.R. 2297, as amended, would make four
revisions to the Loan Fee Table. First, it would provide
uniformity in the funding fees for VA-guaranteed home loans
charged to those who served in the Selected Reserve and
veterans with active duty service. Second, beginning in
fiscal year 2004, it would increase the fee charged for loans
made with no down payment by 15 basis points. Third, it would
increase the fee charged for repeated use of the home loan
benefit, i.e., for a second or subsequent loan, by 30 basis
points for the fiscal year 2004-2011 period and by 90 basis
points in fiscal years 2012 and 2013. Fourth, it would
replace the existing range of fees for hybrid adjustable rate
mortgages under the current pilot program with a flat fee of
1.25 percent.
Senate Bill
Section 307 of S. 1132, as amended, would increase the
funding fees for subsequent use of a guaranty by 50 basis
points, but only between fiscal years 2005 and 2011.
Compromise Agreement
Section 405 of the Compromise Agreement would follow the
House language, except that a funding fee for members of the
Selected Reserve would, for initial use of a guaranty, be set
25 basis points higher than applicable funding fees set for
veterans with active duty service. Further, for the period
January 1, 2004 through September 30, 2004 only, in the case
of active-duty veterans making initial loans with zero
dollars down, the fee would be increased from 2.15 percent to
2.20 percent. In addition, the Compromise Agreement would not
effect a 1.25 percent flat fee for hybrid adjustable rate
mortgage loans.

ONE-YEAR EXTENSION OF PROCEDURES ON LIQUIDATION SALES OF DEFAULTED HOME
LOANS GUARANTEED BY THE DEPARTMENT OF VETERANS AFFAIRS

Current Law
Section 3732 of title 38, United States Code, defines the
procedures for a liquidation sale of a property acquired by
VA in the event of a default on a VA-guaranteed home loan.
The procedures direct VA to follow a formula, defined in
statute, which mandates VA consider losses it might incur
when selling properties acquired through foreclosure.
Ultimately, after considering the loss VA can make a
determination whether to, in fact, acquire the property or
simply pay the guaranty on the loan used to purchase the
property. The authority for these procedures is currently set
to expire on October 1, 2011.
House Bill
The House Bill contains no comparable provision.
Senate Bill
The Senate Bill contains no comparable provision.
Compromise Agreement
Section 406 of the Compromise Agreement would extend the
application of the liquidation sale procedures through
October 1, 2012.

TITLE V: BURIAL BENEFITS

burial plot allowance

Current Law
Veterans who are discharged from active duty service as a
result of a service-connected disability, veterans who are
entitled to disability compensation or VA pension, and
veterans who die in a VA facility are eligible for a $300 VA
``plot allowance'' if they are not buried in a national
cemetery. Section 2303(b)(1) of title 38, United States Code,
allows state cemeteries to receive the $300 plot allowance
payment for the interment of such veterans, and the interment
of veterans of any war, if the cemeteries are used solely for
the burial of veterans. However, states may not receive a
plot allowance for burial of veterans who die as a result of
a service-connected disability and whose survivors seek
reimbursement of funeral expenses under section 2307 of title
38, United States Code (which currently authorizes a $2,000
funeral expense benefit).
House Bill
The House Bill contains no comparable provision.

[[Page H11720]]

Senate Bill
Section 201 of S. 1132, as amended, would expand existing
law to allow states to receive the $300 plot allowance for
the interment of veterans who did not serve during a wartime
period and for the interment of veterans who died as a result
of service-connected disabilities and whose survivors sought
reimbursement of funeral expenses under section 2307 of title
38, United States Code.
Compromise Agreement
Section 501 of the Compromise Agreement follows the Senate
language.

eligibility of surviving spouses who remarry for burial in national
cemeteries

Current Law
Section 2402(5) of title 38, United States Code, prohibits
a surviving spouse of a veteran who has remarried from being
buried with the veteran spouse in a national cemetery if the
remarriage is in effect when the veteran's surviving spouse
dies. Public Law 103-466 revised eligibility criteria for
burial in a national cemetery to reinstate burial eligibility
for a surviving spouse of an eligible veteran whose
subsequent remarriage was terminated by death or divorce.
House Bill
Section 7 of H.R. 2297, as amended, would allow the
surviving spouse of a veteran to be eligible for burial in a
VA national cemetery based on his or her marriage to the
veteran, regardless of the status of the subsequent marriage.
This eligibility revision would be effective January 1, 2000.
Senate Bill
Section 202 of S. 1132, as amended, contains a similar
provision, with the eligibility revision being effective on
date of enactment.
Compromise Agreement
Section 502 of the Compromise Agreement follows the House
language. Despite the inclusion of an additional group of
persons (i.e., remarried spouses) eligible for national
cemetery burial under the Compromise Agreement, the Secretary
retains the authority under section 2402(6) of title 38,
United States Code, to grant or deny national cemetery burial
for other persons, or classes of persons, not explicitly
granted eligibility in statute. It has come to the
Committees' attention that VA's record-keeping system
concerning which persons are granted or denied waivers for
burial in national cemeteries is, at best, incomplete.
Adequate records on burial waivers are necessary to ensure
that the Secretary's judgment on waiver cases is being
applied uniformly to all applicants. The Committees direct VA
to rectify gaps in its waiver-accounting system so that basic
information, such as which persons are denied burial waivers
and the reasons for the denial, will be available.

permanent authority for state cemetery grants program

Current Law
Section 2408(a)(2) of title 38, United States Code,
authorizes appropriations, through fiscal year 2004, for VA
to make grants to States to assist them in establishing,
expanding, or improving state veterans' cemeteries.
House Bill
Section 8 of H.R. 2297, as amended, would make the State
Cemetery Grants Program permanent.
Senate Bill
Section 203 of S. 1132, as amended, contains a similar
provision with an additional technical change.
Compromise Agreement
Section 503 of the Compromise Agreement follows the Senate
language.

TITLE VI: EXPOSURE TO HAZARDOUS SUBSTANCES

radiation dose reconstruction program of department of defense

Current Law
Section 3.311 of title 38, Code of Federal Regulations,
sets out procedures for the adjudication of claims by VA for
benefits premised on a veteran's exposure to ionizing
radiation in service. For veterans who claim radiation
exposure due to participation in nuclear atmospheric testing
from 1945 through 1962, or due to occupation duty in
Hiroshima and Nagasaki prior to July 1, 1946, dose data are
requested from the Department of Defense (``DOD''). DOD's
Defense Threat Reduction Agency (``DTRA'') pays a private
contractor to estimate radiation exposure through a process
called radiation dose reconstruction.
There is no entity under existing law which provides
independent oversight of DTRA's radiation dose reconstruction
process.
House Bill
The House Bill contains no comparable provision.
Senate Bill
Section 331 of S. 1132, as amended, would require VA and
DOD to review, and report on the mission, procedures, and
administration of the radiation dose reconstruction program.
It would also require VA and DOD to establish an advisory
board to oversee the program.
Compromise Agreement
Section 601 of the Compromise Agreement follows the Senate
language.

study on disposition of air force health study

Current Law
The Air Force Health Study (``AFHS'') was initiated by DOD
in 1982 to examine the effects of herbicide exposure and
health, mortality, and reproductive outcomes in veterans of
Operation Ranch Hand, the activity responsible for aerial
spraying of herbicides during the Vietnam Conflict. The study
will conclude in 2006.
House Bill
The House Bill contains no comparable provision.
Senate Bill
Section 332 of S. 1132, as amended, would direct VA to
enter into an agreement with the National Academy of Sciences
(``NAS'') under which NAS would report on the following: (1)
the scientific merit of retaining AFHS data after the Ranch
Hand study is terminated; (2) obstacles to retaining the AFHS
data which may exist; (3) the advisability of providing
independent oversight of the data; (4) the advisability and
prospective costs of extending the study and the identity of
an entity which would be suited to continue the study; and
(5) the advisability of making laboratory specimens from the
study available for independent research.
Compromise Agreement
Section 602 of the Compromise Agreement follows the Senate
language, but the reporting deadline is extended to 120 days.

funding of medical follow-up agency of institute of medicine of
national academy of sciences for epidemiological research on members of
the armed forces and veterans

Current Law
Public Law 102-585 requires that VA and DOD each contribute
$250,000 in annual core funding to the Medical Follow-Up
Agency (``MFUA'') for a period of 10 years. MFUA is a panel
of the Institute of Medicine which researches military health
issues.
House Bill
The House Bill contains no comparable provision.
Senate Bill
Section 333 of S. 1132, as amended, would mandate VA and
DOD funding for MFUA, at current levels, from fiscal year
2004 through 2013.
Compromise Agreement
Section 603 of the Compromise Agreement follows the Senate
language.

TITLE VII: OTHER MATTERS

TIME LIMITATIONS ON RECEIPT OF CLAIM INFORMATION PURSUANT TO REQUESTS
OF DEPARTMENT OF VETERANS AFFAIRS

Current Law
Section 5102(b) of title 38, United States Code, requires
that VA, in cases where it receives an application for
benefits that is not complete, notify the applicant of the
information that is necessary to complete the application for
benefits. Similarly, section 5103(a) of title 38, United
States Code, requires that VA, when it receives a complete or
a substantially complete application for benefits, notify the
applicant of any information or evidence necessary to
substantiate the claim. Section 5103(b) of title 38, United
States Code, states that if information or evidence requested
under section 5103(a) is not received within one year of the
date of such notification, no benefit may be paid by reason
of that application for benefits.
House Bill
The House Bill contains no comparable provision.
Senate Bill
Section 310 of S. 1132, as amended, would require that
claimants who have submitted an incomplete application under
section 5102(b) of title 38, United States Code, and who have
been notified that information is required to complete the
application, submit the information within one year of the
date of notification or else no benefit would be paid by
reason of the application. It would also clarify section
5103(b) by stating that that subsection would not be
construed to prohibit VA from making a decision on a claim
before the expiration of the one-year period. Section 310
would be effective as if enacted on November 9, 2000,
immediately after the enactment of the Veterans Claims
Assistance Act of 2000.
Compromise Agreement
Section 701 of the Compromise Agreement would follow the
Senate language, but would make a further amendment to
section 5103(b) of title 38, United States Code, to remove
the statutory bar to payment of benefits when information or
evidence, requested of the claimant by VA, is not submitted
within one year of the notification requesting such
information or evidence. If a matter is on appeal and
evidence is received beyond the one-year period relating to
the original claim, it should be considered.
Section 701(d)(1) of the Compromise Agreement would require
VA to readjudicate the original claim when a claimant
adequately asserts he or she was misled upon receiving
notification from VA of the information or evidence needed to
substantiate the claim. However, section 701(d)(4) specifies
that the Secretary is not required to identify or
readjudicate any claim based upon the authority given to the
Secretary under this section when information or evidence was
submitted during the one-year period following the
notification or when the claim has been the subject of a
timely appeal to the Board of Veterans' Appeals or the United
States Court of Appeals for Veterans Claims.

[[Page H11721]]

CLARIFICATION OF APPLICABILITY OF PROHIBITION ON ASSIGNMENT OF VETERANS
BENEFITS TO AGREEMENTS ON FUTURE RECEIPT OF CERTAIN BENEFITS

Current Law
Section 5301 of title 38, United States Code, prohibits the
assignment of VA benefits and exempts such benefits from
taxation and from the claims of creditors.
House Bill
The House Bill contains no comparable provision.
Senate Bill
Section 311 of S. 1132, as amended, would clarify current
statutory language prohibiting the assignment of benefits and
specify that any agreement under which a VA beneficiary might
purport to transfer to another person or entity the right to
receive direct or indirect payments of compensation, pension,
or DIC benefits shall be deemed to be a prohibited
assignment. Section 311 would also make it clear that such
prohibitory language would not bar loans to VA beneficiaries
which might be repaid with funds derived from VA, so long as
each periodic payment made under the loan is separately and
voluntarily executed by the beneficiary at the time the
payment is made.
Compromise Agreement
Section 702 of the Compromise Agreement would follow the
Senate language but would modify it to state that payments on
loans are explicitly allowed when made by preauthorized
electronic funds transfers pursuant to the Electronic Funds
Transfers Act (``EFTA''). The EFTA defines a characteristic
of these transfers as allowing the beneficiary to direct his
or her financial institution to cease payments upon the
beneficiary's notice. It is the Committees' intent to ensure
that methods of loan repayment would not be limited for
disabled veterans. The Compromise Agreement would also
eliminate the section that specifies the effective date of
the provision. It is the Committees' intent that prohibition
against assignment shall be enforced through coordination
with appropriate authorities.

SIX-YEAR EXTENSION OF ADVISORY COMMITTEE ON MINORITY VETERANS

Current Law
Section 544 of title 38, United States Code, mandates that
VA establish an Advisory Committee on Minority Veterans. The
Secretary of Veterans Affairs must, on a regular basis,
consult with and seek the advice of the Advisory Committee
with respect to issues relating to the administration of
benefits for minority group veterans. The Secretary must also
consult with and seek the advice of the Committee with
respect to reports and studies pertaining to such veterans,
and the needs of such veterans for compensation, health care,
rehabilitation, outreach, and other benefits and programs
administered by VA. The Advisory Committee is required to
submit an annual report providing its assessment of the needs
of minority veterans, VA programs designed to meet those
needs, and any recommendations the Advisory Committee
considers appropriate. The authorization for the Advisory
Committee expires on December 31, 2003.
House Bill
The House Bill contains no comparable provision.
Senate Bill
Section 341 of S. 1132, as amended, would extend the
authorization of the Advisory Committee on Minority Veterans
until December 31, 2007.
Compromise Agreement
Section 703 of the Compromise Agreement would extend the
authorization of the Advisory Committee until December 31,
2009.

TEMPORARY AUTHORITY FOR PERFORMANCE OF MEDICAL DISABILITIES
EXAMINATIONS BY CONTRACT PHYSICIANS

Current Law
Section 504 of Public Law 104-275 authorized VA to carry
out a contract disability examination pilot program at 10 VA
regional offices. The law specifies that VA draw funds for
the program from amounts available to the Secretary of
Veterans Affairs for compensation and pensions.
House Bill
The House Bill contains no comparable provision.
Senate Bill
Section 343 of S. 1132, as amended, would authorize VA,
using funds subject to appropriation, to contract for
disability examinations from non-VA providers at all VA
regional offices. Such examinations would be conducted
pursuant to contracts entered into and administered by the
Under Secretary for Benefits. The Secretary's authority under
this section would expire on December 31, 2009. No later than
four years after the section's enactment, the Secretary would
be required to submit a report assessing the cost,
timeliness, and thoroughness of disability examinations
performed under this section.
Compromise Agreement
Section 704 of the Compromise Agreement follows the Senate
language, but adds a technical modification that would
clarify that the authority granted the Secretary under
section 704 of the Compromise Agreement is in addition to the
authority already granted the Secretary under Section 504 of
Public Law 104-275. Thus, it is the Committees' intent that
VA's existing contract for disability examinations under the
authority of Public Law 104-275 remain in force. It is also
the Committees' intent that the Secretary's ability to enter
into contracts in the future under the strictures of Section
504 of Public Law 104-275 remain in force as well.

FORFEITURE OF BENEFITS FOR SUBVERSIVE ACTIVITIES

Current Law
Section 6105 of title 38, United States Code, provides that
an individual convicted after September 1, 1959, of any of
several specified offenses involving subversive activities
shall have no right to gratuitous benefits (including the
right to burial in a national cemetery) under laws
administered by the Secretary of Veterans Affairs. No other
person shall be entitled to such benefits on account of such
individual.
House Bill
Section 20 of H.R. 2297, as amended, would amend current
law to supplement the list of serious Federal criminal
offenses for which a veteran's conviction results in a bar to
VA benefits, including burial in a national cemetery. The
following criminal offenses from title 18, United States
Code, would be added: section 175, prohibited activities with
respect to biological weapons; section 229, prohibited
activities with respect to chemical weapons; section 831,
prohibited transactions involving nuclear materials; section
1091, genocide; section 2332a, use of certain weapons of mass
destruction; and section 2332b, acts of terrorism
transcending national boundaries. All of these offenses,
which involve serious threats to national security, were
added to title 18, United States Code, after the enactment of
the provisions in section 6105 of title 38, United States
Code.
Senate Bill
Section 313 of S. 1132, as amended, contains an identical
provision.
Compromise Agreement
Section 705 of the Compromise Agreement contains this
provision.

TWO-YEAR EXTENSION OF ROUND-DOWN REQUIREMENT FOR COMPENSATION COST-OF-
LIVING ADJUSTMENTS

Current Law
Sections 1104(a) and 1303(a) of title 38, United States
Code, mandate that yearly cost-of-living adjustments made to
rates of compensation and dependency and indemnity
compensation be rounded down to the nearest whole dollar
amount. This authority expires on September 30, 2011.
House Bill
The House Bill contains no comparable provision.
Senate Bill
Section 301 of S. 1132, as amended, would extend the round-
down authority under sections 1104(a) and 1303(a) through
fiscal year 2013.
Compromise Agreement
Section 706 of the Compromise Agreement follows the Senate
language.

CODIFICATION OF REQUIREMENT FOR EXPEDITIOUS TREATMENT OF CASES ON
REMAND

Current Law
Section 302 of Public Law 103-446 requires the Secretary of
Veterans Affairs to provide for the expeditious treatment by
the Board of Veterans' Appeals and by regional offices of the
Veterans Benefits Administration of claims remanded by the
Board of Veterans' Appeals or the United States Court of
Appeals for Veterans Claims.
House Bill
The House Bill contains no comparable provision.
Senate Bill
The Senate Bill contains no comparable provision.
Compromise Agreement
Section 707 of the Compromise Agreement would codify the
provisions of section 302 of Public Law 103-446. Expedited
treatment of decisions of the Board of Veterans' Appeals
would be codified in chapter 51 of title 38, United States
Code. Expedited treatment of decisions of the United States
Court of Appeals for Veterans Claims would be codified in
chapter 71 of title 38, United States Code.

LEGISLATIVE PROVISIONS NOT ADOPTED

CLARIFICATION OF NOTICE OF DISAGREEMENT FOR APPELLATE REVIEW OF
DEPARTMENT OF VETERANS AFFAIRS ACTIVITIES

Current Law
Claimants for VA benefits who disagree with an initial
decision rendered by VA may initiate an appeals process by
submitting a written notice of disagreement (``NOD'') within
one year after the claimant was notified of the initial
decision. Section 7105(b) of title 38, United States Code,
states that an NOD ``must be in writing and filed with the
activity which entered the determination with which
disagreement is expressed.'' Upon the timely filing of an
NOD, VA is required to provide appellate review of its
initial benefits rating decision.
VA has promulgated regulations to implement section 7105 of
title 38, United States Code, which state that ``while
special wording is not required, the Notice of Disagreement
must be in terms which can be reasonably construed as
disagreement with the determination and [expressing a] desire
for appellate review.'' 38 CFR Sec. 20.201 (2002).
House Bill
The House Bill contains no comparable provision.
Senate Bill
Section 314 of S. 1132, as amended, would clarify section
7105(b) of title 38, United

[[Page H11722]]

States Code, by requiring that VA deem any written document
which expresses disagreement with a VA decision to be an NOD
unless VA finds that the claimant has disavowed a desire for
appellate review. This section would be effective with
respect to documents filed on or after the date of enactment,
and with respect to documents filed before the date of
enactment and not treated by VA as an NOD pursuant to part
20.201 of title 38, Code of Federal Regulations. Furthermore,
a document filed as an NOD after March 15, 2002, and rejected
by the Secretary as insufficient would, at VA motion or at
the request of a claimant within one year of enactment, be
deemed to be an NOD if the document expresses disagreement
with a decision and VA finds that the claimant has not
disavowed a desire for appellate review.

PROVISION OF MARKERS FOR PRIVATELY MARKED GRAVES

Current Law
Section 502 of Public Law 107-103, the Veterans Education
and Benefits Expansion Act of 2001, authorizes VA to furnish
a government headstone or marker for the grave of an eligible
veteran buried in a non-veterans' cemetery irrespective of
whether the grave was already marked with a private marker.
The law applies to veterans whose deaths occurred on or after
December 27, 2001. Public Law 107-330 extended this
authority to include deaths occurring on or after
September 11, 2001.
House Bill
The House Bill contains no comparable provision.
Senate Bill
Section 204 of S. 1132, as amended, would amend the
Veterans Education and Benefits Expansion Act of 2001 to
authorize VA to furnish a government headstone or marker for
the grave of an eligible veteran buried in a private
cemetery, irrespective of whether the grave was already
marked with a private marker, for deaths occurring on or
after November 1, 1990.

TERMINATION OF AUTHORITY TO GUARANTEE LOANS TO PURCHASE MANUFACTURED
HOMES AND LOTS

Current Law
Section 3712 of title 38, United States Code, authorizes VA
to guarantee loans for the purchase of a manufactured home
and a lot on which it is sited.
House Bill
The House Bill contains no comparable provision.
Senate Bill
Section 306 of S. 1132, as amended, would eliminate VA's
authority to guarantee loans to purchase a manufactured home
and the lot on which it is sited.

REINSTATEMENT OF VETERANS VOCATIONAL TRAINING PROGRAM FOR CERTAIN
PENSION RECIPIENTS

Current Law
Section 1524 of title 38, United States Code, authorized a
pilot program of vocational training to certain nonservice-
connected pension recipients. The initial pilot program was
in place from February 1, 1985, through January 31, 1992.
Public Law 102-562 extended the program through December 31,
1995.
House Bill
Section 9 of H.R. 2297, as amended, would reinstate the VA
pilot program for five years beginning on the date of
enactment to provide vocational training to newly eligible VA
nonservice-connected pension recipients. The program would be
open to those veterans age 45 years or younger. The
Department of Veterans Affairs would be required to ensure
that the availability of vocational training is made known
through various outreach methods. Not later than two years
after the date of enactment, and each year thereafter, the
Secretary would be required to submit to the Committees on
Veterans' Affairs of the Senate and the House of
Representatives a report on the operation of the pilot
program. The report would include an evaluation of the
vocational training provided, an analysis of the cost-
effectiveness of the training provided, and data on the
entered-employment rate of veterans participating in the
program.
Senate Bill
The Senate Bill contains no comparable provision.

THREE-YEAR EXTENSION OF INCOME VERIFICATION AUTHORITY

Current Law
Section 5317 of title 38, United States Code, directs VA to
notify applicants for needs-based VA benefits that
information collected from the applicants may be compared
with income-related information obtained by VA from the
Internal Revenue Service and the Department of Health and
Human Services. The authority of the Secretary of Veterans
Affairs to obtain such information expires on September 30,
2008.
Section 6103(l)(7)(D)(viii) of the Internal Revenue Code
authorizes the release of income information by the Internal
Revenue Service to VA. This authority expires on September
30, 2008.
House Bill
The House Bill contains no comparable provision.
Senate Bill
Section 312 of S. 1132, as amended, would extend until
September 30, 2011, the authority of the Secretary to obtain
income information under section 5317 of title 38, United
States Code, and the authority of the Internal Revenue
Service to share income information under section
6103(l)(7)(D)(viii) of the Internal Revenue Code.

Mr. BILIRAKIS. Mr. Speaker, I rise in strong support of H.R. 2297,
the Veterans' Benefits Act of 2003. This bill addresses an issue that I
have been working on for a number of years. Dependency and Indemnity
Compensation (DIC) is the benefit accorded to the surviving dependents
of those members of the Armed Forces who died while on active duty or
of a service-connected cause.
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 was pleased that my legislation was incorporated into H.R. 2297
when it passed the House in October. The bill that we are considering
today, which was worked out with the Senate, slightly modifies my
original provision to provide that a surviving spouse upon remarriage
after age 57 would retain DIC, home loan and educational benefits
eligibility. Surviving spouses who remarried after attaining age 57
prior to enactment of the Compromise Agreement would have one year to
apply for reinstatement of these benefits.
I think it is a wonderful thing if an older person finds
companionship, falls in love and decides to marry. I don't think we
should be discouraging such marriages by making them financially
burdensome. In these circumstances, 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.
Once again, I would like to thank Chairman Smith, Ranking Member
Evans, Benefits Subcommittee Chairman Brown and Subcommittee Ranking
Member Michaud for working with me to include a DIC remarriage
provision in H.R. 2297.
I urge my colleagues to support the bill before us today.
Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore (Mr. Terry). The question is on the motion
offered by the gentleman from New Jersey (Mr. Smith) that the House
suspend the rules and concur in the Senate amendment to the bill, H.R.
2297.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate amendment was
concurred in.
A motion to reconsider was laid on the table.

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