[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1716 Reported in House (RH)]
Union Calendar No. 334
108th CONGRESS
2d Session
H. R. 1716
[Report No. 108-572, Part I]
To amend title 38, United States Code, to improve educational
assistance programs of the Department of Veterans Affairs for
apprenticeship or other on-job training, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2003
Mr. Smith of New Jersey (for himself, Mr. Evans, Mr. Brown of South
Carolina, and Mr. Michaud) introduced the following bill; which was
referred to the Committee on Veterans' Affairs, and in addition to the
Committee on Armed Services, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
June 25, 2004
Additional sponsors: Mrs. Jo Ann Davis of Virginia, Mr. LoBiondo, Mr.
Gillmor, Mr. Foley, Mr. Filner, Ms. Millender-McDonald, Mr. Renzi, Mr.
Bilirakis, Mrs. Davis of California, Mr. Bradley of New Hampshire, Ms.
Harris, Mr. Udall of New Mexico, Ms. Bordallo, Mr. Holden, Mr.
Abercrombie, Mr. Strickland, Mr. Gutierrez, Mr. Rodriguez, Ms. Hooley
of Oregon, Ms. Herseth, Mr. Baker, Mr. Chandler, Ms. Corrine Brown of
Florida, and Mr. Sandlin
June 25, 2004
Reported from the Committee on Veterans' Affairs with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
June 25, 2004
Referral to the Committee on Armed Services extended for a period
ending not later than June 25, 2004
June 25, 2004
Committee on Armed Services discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on April
10, 2003]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve educational
assistance programs of the Department of Veterans Affairs for
apprenticeship or other on-job training, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES TO TITLE 38,
UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Veterans Earn and
Learn Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents; references to title 38, United
States Code.
Sec. 2. Reference to title 38, United States Code.
TITLE I--EDUCATION MATTERS
Sec. 101. Findings.
Sec. 102. Modification of benefit entitlement charges for certain on-
job training programs.
Sec. 103. Incentive payment for early completion of apprenticeship
training.
Sec. 104. Increase in benefit for individuals pursuing apprenticeship
or on-job training.
Sec. 105. Authority for competency-based apprenticeship programs.
Sec. 106. Pilot program to provide on-job benefits to train Department
of Veterans Affairs' claims adjudicators.
Sec. 107. Requirement for coordination of data among the Departments of
Veterans Affairs, Defense, and Labor with
respect to on-job training.
Sec. 108. Technical and conforming amendments.
TITLE II--BENEFITS AND EMPLOYMENT MATTERS
Sec. 201. Codification of administrative actions relating to
presumptions of service connection for
veterans exposed to ionizing radiation.
Sec. 202. Offset of veterans' disability compensation and dependency
and indemnity compensation from awards
under radiation exposure compensation
program.
Sec. 203. Exclusion of life insurance proceeds from consideration as
income for veterans' pension purposes.
Sec. 204. Effective date of death pension.
Sec. 205. Certain service-connected disability benefits authorized for
persons disabled by treatment or vocational
rehabilitation provided by the Department
of Veterans Affairs.
Sec. 206. Report of employment placement, retention, and advancement of
recently separated servicemembers.
TITLE III--HOUSING MATTERS
Sec. 301. Increase in, and annual indexing of, maximum amount of home
loan guaranty for construction and purchase
of homes.
Sec. 302. Authority to provide specially adapted housing to certain
disabled veterans.
Sec. 303. Transitional housing amendments.
TITLE IV--MEMORIAL AFFAIRS MATTERS
Sec. 401. Eligibility of certain persons for burial in Arlington
National Cemetery.
Sec. 402. Designation of Prisoner of War/Missing in Action National
Memorial, Riverside National Cemetery,
Riverside, California.
TITLE V--MISCELLANEOUS MATTERS
Sec. 501. Technical amendments relating to the United States Court of
Appeals for Veterans Claims.
Sec. 502. Cross-reference amendments relating to concurrent payment of
retired pay and veterans' disability
compensation.
SEC. 2. REFERENCE 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--EDUCATION MATTERS
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) Educational assistance programs for veterans for
apprenticeship and on-job training of the Department of
Veterans Affairs assist employers to hire and retain skilled
workers.
(2) These programs establish a link between training
afforded to servicemembers while serving in the Armed Forces
and training available in civilian settings for purposes of
occupational licensing and credentialing.
(3) These programs develop a more highly educated and
productive work force.
SEC. 102. MODIFICATION OF BENEFIT ENTITLEMENT CHARGES FOR CERTAIN ON-
JOB TRAINING PROGRAMS.
(a) In General.--Section 3687 is amended by adding at the end the
following new subsection:
``(e)(1) For each month that an individual (as defined in paragraph
(3)) is paid a training assistance allowance under subsection (a), the
entitlement of the individual shall be charged at a percentage rate
(rounded to the nearest percent) that is equal to the ratio of--
``(A) such training assistance allowance for the period of
months involved, to
``(B) the applicable monthly educational assistance
allowance payable to the individual for such period of months.
``(2) For any month in which an individual fails to complete 120
hours of training, the entitlement otherwise chargeable under paragraph
(1) shall be reduced in the same proportion as the monthly training
assistance allowance payable is reduced under subsection (b)(3).
``(3) In this section, the term `individual' means--
``(A) an eligible veteran for purposes of chapter 34 of
this title who is entitled, under chapter 30 or 34 of this
title, as the case may be, to monthly educational assistance allowances
payable under section 3015(e) of this title, or
``(B) an eligible person for purposes of chapter 35 of this
title, who is entitled, under section 3510 of this title, to
monthly educational assistance allowances payable under section
3532(a) of this title
as the case may be.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to months beginning on or after the date that is 1
year after the date of the enactment of this Act.
SEC. 103. INCENTIVE PAYMENT FOR EARLY COMPLETION OF APPRENTICESHIP
TRAINING.
(a) Montgomery GI Bill.--(1) Section 3032(c) is amended by adding
at the end the following new paragraph:
``(4)(A) In the case of an individual who successfully completes a
full-time program of apprenticeship before entitlement to monthly
educational assistance allowance payable under this subsection for that
program is exhausted, the Secretary shall pay to the individual a lump-
sum amount equal to the difference between--
``(i) the total amount of educational assistance allowances
that could have been paid to the individual under this
subsection for the successful completion of that program, and
``(ii) the amount of educational assistance allowance paid
to the individual for the program under this subsection.
``(B) In the case of a lump sum payment paid to an individual under
subparagraph (A), the individual's entitlement under this chapter (and
chapter 34 of this title, if applicable) shall be charged at the
applicable rate under paragraph (3).''.
(2) Paragraph (1) of such section is amended by striking ``Except
as provided in paragraph (2)'' and inserting ``Subject to the
succeeding provisions''.
(b) Post-Vietnam Era Veterans' Educational Assistance.--(1) Section
3233 is amended by adding at the end the following new subsection:
``(e)(1) In the case of an individual who successfully completes a
full-time program of apprenticeship before entitlement to monthly
benefit payment payable under this section for that program is
exhausted, the Secretary shall pay to the individual a lump-sum amount
equal to the difference between--
``(A) the total amount of monthly benefit payments that
could have been paid to the individual under this section for
the successful completion of that program, and
``(B) the amount of monthly benefit payments paid to the
individual for the program under this section.
``(2) In the case of a lump sum payment paid to an individual under
paragraph (1), the individual's entitlement under this chapter shall be
charged at the applicable rate under subsections (c) and (d).''.
(2) Subsection (a) of such section is amended by striking ``Except
as provided in subsection (b)'' and inserting ``Subject to the
succeeding provisions''.
(c) Veterans' Educational Assistance and Survivors' and Dependents'
Educational Assistance.--Section 3687, as amended by section 102, is
further amended by adding at the end the following new subsection:
``(f)(1) In the case of an individual (as defined in subsection
(e)(3)) who successfully completes a full-time program of
apprenticeship before entitlement to monthly educational assistance
allowance payable for that program is exhausted, the Secretary shall
pay to the individual a lump-sum amount equal to the difference
between--
``(A) the total amount of educational assistance allowances
that could have been paid to the individual under subsection
(a) for the successful completion of that program, and
``(B) the amount of educational assistance allowance paid
to the individual for the program under subsection (a).
``(2) In the case of a lump sum payment paid to an individual under
paragraph (1), the entitlement of the individual under chapter 30, 34,
or 35 of this title, as the case may be, shall be charged at the
applicable rate under subsection (e).''.
(d) Selected Reserve Montgomery GI Bill.--(1) Section 16131(d) of
title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(4)(A) In the case of an individual who successfully completes a
full-time program of apprenticeship before entitlement to monthly
educational assistance allowance payable under this subsection for that
program is exhausted, the Secretary shall pay to the individual a lump-
sum amount equal to the difference between--
``(i) the total amount of educational assistance allowances
that could have been paid to the individual under this
subsection for the successful completion of that program, and
``(ii) the amount of educational assistance allowance paid
to the individual for the program under this subsection.
``(B) In the case of a lump sum payment paid to an individual under
subparagraph (A), the individual's entitlement under this chapter shall
be charged at the applicable rate under paragraph (3).''.
(2) Paragraph (1) of such section is amended by striking ``Except
as provided in paragraph (2)'' and inserting ``Subject to the
succeeding provisions of this subsection''.
(e) Effective Date.--The amendments made by this section shall
apply to programs of training beginning on or after the date of the
enactment of this Act and ending before October 1, 2010.
SEC. 104. INCREASE IN BENEFIT FOR INDIVIDUALS PURSUING APPRENTICESHIP
OR ON-JOB TRAINING.
(a) Montgomery GI Bill.--Subsection (c)(1) of section 3032 is
amended--
(1) by striking ``75 percent'' and inserting ``85 percent''
in subparagraph (A);
(2) by striking ``55 percent'' and inserting ``65 percent''
in subparagraph (B); and
(3) by striking ``35 percent'' and inserting ``45 percent''
in subparagraph (C).
(b) Post-Vietnam Era Veterans' Educational Assistance.--Subsection
(a) of section 3233 is amended--
(1) by striking ``75 percent'' and inserting ``85 percent''
in paragraph (1);
(2) by striking ``55 percent'' and inserting ``65 percent''
in paragraph (2); and
(3) by striking ``35 percent'' and inserting ``45 percent''
in paragraph (3).
(c) Survivors and Dependents Educational Assistance.--Subsection
(b)(2) of section 3687 is amended by striking ``$574 for the first six
months, $429 for the second six months, $285 for the third six
months,'' and inserting ``$650 for the first six months, $507 for the
second six months, $366 for the third six months,''.
(d) Selected Reserve Montgomery GI Bill.--Subsection (d)(1) of
section 16131 of title 10, United States Code, is amended--
(1) by striking ``75 percent'' and inserting ``85 percent''
in subparagraph (A);
(2) by striking ``55 percent'' and inserting ``65 percent''
in subparagraph (B); and
(3) by striking ``35 percent'' and inserting ``45 percent''
in subparagraph (C).
(e) Effective Date.--The amendments made by this section shall
apply with respect to months beginning on or after October 1, 2005, and
before October 1, 2010.
SEC. 105. AUTHORITY FOR COMPETENCY-BASED APPRENTICESHIP PROGRAMS.
(a) In General.--Section 3672(c) is amended--
(1) by striking ``(1)'' and ``(2)'' and inserting ``(A)''
and ``(B)'', respectively;
(2) by inserting ``(1)'' after ``(c)''; and
(3) by adding at the end the following new paragraphs:
``(2) The period of a program of apprenticeship may be determined
based upon a specific period of time (commonly referred to as a `time-
based program'), based upon the demonstration of successful mastery of
skills (commonly referred to as a `competency-based program'), or based
upon a combination thereof.
``(3)(A) In the case of a competency-based program of
apprenticeship, in determining the period of such a program, State
approving agencies shall take into consideration the approximate term
of the program recommended in registered apprenticeship program
standards recognized by the Secretary of Labor.
``(B) The sponsor of a competency-based program of apprenticeship
shall provide notice to the State approving agency involved of any such
standards that may apply to the program and the proposed approximate
period of training under the program.
``(4) The Secretary of Labor shall notify the Secretary upon the
successful completion of a program of apprenticeship by a veteran,
eligible veteran, or eligible person, as the case may be.''.
(b) Increased Use of Apprenticeships.--Section 3672(d)(1) is
amended by adding at the end the following new sentence: ``The
Secretary of Labor shall provide such assistance and services to the
Secretary, and to State approving agencies, to increase the use of
apprenticeships.''.
(c) On-Job Training.--Section 3677 is amended by adding at the end
the following new subsection:
``(d)(1) The sponsor of any program of training on the job shall
submit notice to the Secretary upon the successful completion of the
program by the veteran, eligible veteran, or eligible person, as the
case may be.
``(2) The term `training on the job' includes training commonly
referred to as `on-job learning'.''.
(d) Funding for Department Computer System Modifications.--From
amounts appropriated to the Department of Veterans Affairs for fiscal
year 2005 for readjustment benefits, the Secretary of Veterans Affairs
shall use an amount not to exceed $3,000,000 to modify computer systems
and to develop procedures required to carry out the amendments made by
subsection (a) and sections 102, 103, and 104.
SEC. 106. PILOT PROGRAM TO PROVIDE ON-JOB BENEFITS TO TRAIN DEPARTMENT
OF VETERANS AFFAIRS' CLAIMS ADJUDICATORS.
Section 3677, as amended by section 105(c), is further amended by
adding at the end the following new subsection:
``(e)(1) The Secretary shall conduct a pilot program under which,
the Secretary shall operate a program of training on the job under this
section for a period (notwithstanding subsection (c)(2)) of up to three
years in duration to train employees of the Department to become
qualified adjudicators of claims for compensation, dependency and
indemnity compensation, and pension.
``(2) Amounts of educational assistance, monthly benefit payments,
and training assistance allowance under chapters 30, 31, 32, 34, and 35
of this title, as the case may be, shall be payable to such employees
during each month of training under the program.
``(3)(A) Not later than 3 years after the implementation of the
pilot project, the Secretary shall submit to Congress an initial report
on the pilot project. The report shall include an assessment of the
usefulness of the program in recruiting and retaining of personnel of
the Department as well as an assessment of the value of the program as
a training program.
``(B) Not later than 18 months after the date on which the initial
report under subparagraph (A) is submitted, the Secretary shall submit
to Congress, a final report on the pilot project. The final report
shall include recommendations of the Secretary with respect to
continuation of the pilot project and with respect to expansion of the
types of claims for which the extended period of on the job training is
available to train such employees.
``(4) The pilot project shall terminate 5 years after the date of
the implementation of the project.''.
SEC. 107. REQUIREMENT FOR COORDINATION OF DATA AMONG THE DEPARTMENTS OF
VETERANS AFFAIRS, DEFENSE, AND LABOR WITH RESPECT TO ON-
JOB TRAINING.
Section 3694 is amended--
(1) by striking ``In carrying out'' and inserting ``(a) In
General.--In carrying out''; and
(2) by adding at the end the following new subsection:
``(b) Coordination of Information Among the Departments of Veterans
Affairs, Defense, and Labor With Respect to On-Job Training.--At the
time of a servicemember's discharge or release from active duty
service, the Secretary of Defense shall furnish to the Secretary such
pertinent information concerning each registered apprenticeship pursued
by the servicemember during the period of active duty service of the
servicemember. The Secretary, in conjunction with the Secretary of
Labor, shall encourage and assist States and private organizations to
give credit to servicemembers for the registered apprenticeship program
so pursued in the case of any related apprenticeship program the
servicemember may pursue as a civilian.''.
SEC. 108. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Definition of Training Establishment.--Section 3452(e) is
amended by striking ``or any State apprenticeship agency, or any State
board of vocational education, or any joint apprenticeship committee,
or the Bureau of Apprenticeship and Training established pursuant to
the Act of August 16, 1937, popularly known as the `National
Apprenticeship Act' (29 U.S.C. 50 et seq.),'' and inserting ``any State
board of vocational education, any Federal or State apprenticeship
registration agency, any 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.),''.
(b) Clarification of Applicable Apprenticeship Standards.--(1)
Section 3672(c)(1), as amended by section 105(a), is amended in
subparagraph (A) by inserting ``apprenticeship'' before ``standards''.
(2) Section 3672(d)(1) is amended by striking ``of programs of
training on the job (including programs of apprenticeship)'' and
inserting ``of apprenticeship and on the job training programs''.
(c) Record-Keeping Requirements for Qualified Providers of
Entrepreneurship Courses.--(1) Section 3675(c) is amended by adding at
the end the following new paragraph:
``(4) Notwithstanding paragraph (3), a qualified provider of
entrepreneurship courses shall maintain such records as the Secretary
determines to be necessary to comply with reporting requirements that
apply under section 3684(a)(1) of this title with respect to eligible
persons and veterans enrolled in an entrepreneurship course offered by
the provider.''.
(2) The amendment made by paragraph (1) shall take effect as if
included in the enactment of section 305(a) of the Veterans Benefits
Act of 2003 (Public Law 108-183; 117 Stat. 2660).
TITLE II--BENEFITS AND EMPLOYMENT MATTERS
SEC. 201. CODIFICATION OF ADMINISTRATIVE ACTIONS RELATING TO
PRESUMPTIONS OF SERVICE CONNECTION FOR VETERANS EXPOSED
TO IONIZING RADIATION.
(a) Covered Diseases.--Subsection (c)(2) of section 1112 is amended
by adding at the end the following new subparagraphs:
``(Q) Cancer of the bone.
``(R) Cancer of the brain.
``(S) Cancer of the colon.
``(T) Cancer of the lung.
``(U) Cancer of the ovary.''.
(b) Covered Radiation-Risk Activities.--Subsection (c)(3)(B) of
such section is amended by adding at the end the following new clause:
``(iv) Service in a capacity which, if performed as
an employee of the Department of Energy, would qualify
the individual for inclusion as a member of the Special
Exposure Cohort under section 3621(14) of the Energy
Employees Occupational Illness Compensation Program Act
of 2000 (42 U.S.C. 7384l(14)).''.
(c) Effective Date.--The amendments made by this section shall take
effect as of March 26, 2002.
SEC. 202. OFFSET OF VETERANS' DISABILITY COMPENSATION AND DEPENDENCY
AND INDEMNITY COMPENSATION FROM AWARDS UNDER RADIATION
EXPOSURE COMPENSATION PROGRAM.
(a) Offset in Lieu of Forfeiture From Disability Compensation.--
Subsection (c) of section 1112 is amended by adding at the end the
following new paragraph:
``(4) A radiation-exposed veteran who receives a payment under the
provisions of the Radiation Exposure Compensation Act of 1990 (42
U.S.C. 2210 note) shall not be deprived, by reason of the receipt of
that payment, of receipt of compensation to which that veteran is
entitled by reason of paragraph (1), but there shall be deducted from
payment of such compensation the amount of the payment under that
Act.''.
(b) Offset in Lieu of Forfeiture From Dependency and Indemnity
Compensation.--Section 1310 is amended by adding at the end the
following new paragraph:
``(c) A person who receives a payment under the provisions of the
Radiation Exposure Compensation Act of 1990 (42 U.S.C. 2210 note) shall
not be deprived, by reason of the receipt of that payment, of receipt
of dependency and indemnity compensation to which that person is
otherwise entitled, but there shall be deducted from payment of such
dependency and indemnity compensation the amount of the payment under
that Act.''.
(c) Effective Date.--Paragraph (4) of section 1112(c) of title 38,
United States Code, as added by subsection (a), shall take effect with
respect to compensation payments for months beginning after March 26,
2002. Subsection (c) of section 1310 of such title, as added by
subsection (b), shall take effect with respect to dependency and
indemnity compensation payments for months beginning after March 26,
2002.
SEC. 203. EXCLUSION OF LIFE INSURANCE PROCEEDS FROM CONSIDERATION AS
INCOME FOR VETERANS' PENSION PURPOSES.
Section 1503(a) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of the paragraph (10)
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(11) lump-sum proceeds of any life insurance policy on a
veteran, for purposes of pension under subchapter III of this
chapter.''.
SEC. 204. EFFECTIVE DATE OF DEATH PENSION.
Section 5110(d) is amended--
(1) by striking ``(1)'';
(2) by striking ``death compensation or dependency and
indemnity compensation'' and inserting ``death compensation,
dependency and indemnity compensation, or death pension''; and
(3) by striking paragraph (2).
SEC. 205. CERTAIN SERVICE-CONNECTED DISABILITY BENEFITS AUTHORIZED FOR
PERSONS DISABLED BY TREATMENT OR VOCATIONAL
REHABILITATION PROVIDED BY THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Authorized Benefits.--Section 1151 is amended by adding at the
end the following new subsection:
``(c) A qualifying additional disability under this section shall
be treated in the same manner as if it were a service-connected
disability for purposes of the following provisions of this title:
``(1) Chapter 21, relating to specially adapted housing.
``(2) Chapter 31, relating to vocational rehabilitation.
``(3) Chapter 39, relating to automobiles and adaptive
equipment.''.
(b) Effective Date.--Subsection (c) of section 1151 of title 38,
United States Code, as added by subsection (a), shall apply with
respect to eligibility for benefits and services provided by the
Secretary of Veterans Affairs on or after the date of the enactment of
this Act.
(c) Administration of Offset Provision.--Subsection (b) of such
section is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by inserting ``(except as otherwise provided in
paragraph (2))'' after ``service-connected, then''; and
(3) by adding at the end the following new paragraph:
``(2) In any case in which an amount of a judgment, settlement, or
compromise covered by paragraph (1) is specifically designated for a
benefit other than as compensation for loss of earning capacity or for
pain and suffering, such amount shall be offset under paragraph (1)
only against the comparable benefit provided under this title (if any).
Any amounts attributable to pain and suffering, loss of earnings
capacity, or loss of consortium or society shall be offset against
benefits otherwise payable under this chapter, and any amounts
attributable to wrongful death shall be offset against benefits
otherwise payable under chapter 13 of this title.''.
(d) Effective Date.--The amendment made by subsection (c) shall
apply with respect to any judgment, settlement, or compromise covered
by section 1151(b) of title 38, United States Code, that becomes final
on or after the date of the enactment of this Act.
SEC. 206. REPORT OF EMPLOYMENT PLACEMENT, RETENTION, AND ADVANCEMENT OF
RECENTLY SEPARATED SERVICEMEMBERS.
(a) Contract for Report.--The Secretary of Veterans Affairs shall
enter into a contract with a qualified entity to conduct a study of and
prepare a report on the employment histories of recently separated
servicemembers.
(b) Content of Report.--(1) The study conducted pursuant to
subsection (a) shall consist of an analysis of employment-related data
that has been collected with respect to recently separated
servicemembers.
(2) In conducting the study, the qualified entity shall--
(A) determine whether the employment obtained by recently
separated servicemembers is commensurate with training and
education of those servicemembers;
(B) determine whether recently separated servicemembers
received educational assistance or training and rehabilitation
under programs administered by the Secretary of Veterans
Affairs under chapter 30 or 31 of title 38, United States Code,
or under chapter 1606 of title 10, United States Code;
(C) determine whether transition assistance services
provided to recently separated servicemembers assisted those
servicemembers in obtaining civilian employment;
(D) analyze trends in hiring of veterans by the private
sector; and
(E) identify recently separated servicemembers who have
reached senior level management positions.
(c) Use of Data.--In conducting the study under subsection (a), the
qualified entity shall review data compiled and reported by Bureau of
Labor Statistics and shall collect additional data on the employment
histories of recently separated servicemembers available from such
other sources as the qualified entity determines to be appropriate.
(d) Contract Requirements.--(1) The contract entered into under
subsection (a) shall contain such terms and conditions as the Secretary
may require. The contract shall require that the report on the study be
submitted to the Secretary not later than 2 years after the date on
which the contract was entered into.
(2) The report required under subsection (a) shall contain the
findings and conclusions of the qualified entity on the study and
specific recommendations to improve employment opportunities for
veterans recently separated from service in the Armed Forces, including
if appropriate recommendations for--
(A) the establishment of networks of contacts for
employment of such veterans in the private sector;
(B) outreach to private sector leaders on the merits and
sound business practice of hiring such veterans; and
(C) additional methods to facilitate communication between
private sector employers and such veterans who are seeking
employment.
(e) Funding.--Payment by the Secretary for the contract entered
into under subsection (a)--
(1) shall be made from the Department of Veterans Affairs
appropriations account from which payments for readjustment
benefits are made; and
(2) may not exceed $490,000.
(f) Definitions.--In this section:
(1) The term ``qualified entity'' means an entity or
organization that meets the following requirements:
(A) Demonstrated experience in conducting
employment surveys of recently separated
servicemembers, including Internet-based surveys, that
meet such quality assurance requirements as the
Secretary determines appropriate.
(B) Demonstrated familiarity with veteran
employment matters.
(C) Demonstrated ability in developing plans to
market veterans as employment assets.
(D) Demonstrated ability to acquire services at no
cost from other organizations, such as technology,
staff services, and advertising services.
(E) Demonstrated ability to develop relationships,
establish employment networks, and facilitate
interaction between private and public sector leaders
and veterans.
(2) The term ``employment history'' means, with respect to
a recently separated servicemember, training, placement,
retention, and advancement in employment of that servicemember.
(3) The term ``recently separated servicemember'' means any
veteran (as defined in section 101(2) of title 38, United
States Code) discharged or released from active duty in the
Armed Forces of the United States during the 16-year period
beginning on January 1, 1990.
TITLE III--HOUSING MATTERS
SEC. 301. INCREASE IN, AND ANNUAL INDEXING OF, MAXIMUM AMOUNT OF HOME
LOAN GUARANTY FOR CONSTRUCTION AND PURCHASE OF HOMES.
(a) Maximum Loan Guaranty Based on 100 Percent of the Freddie Mac
Conforming Loan Rate.--Section 3703(a)(1) is amended by striking
``$60,000'' each place it appears in subparagraphs (A)(i)(IV) and (B)
and inserting ``the maximum guaranty amount (as defined in subparagraph
(C))''.
(b) Definition.--Such section is further amended by adding at the
end the following new subparagraph:
``(C) In this paragraph, the term `maximum guaranty amount' means
the dollar amount that is equal to 25 percent of the Freddie Mac
conforming loan limit limitation determined under section 305(a)(2) of
the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2))
for a single-family residence, as adjusted for the year involved.''.
SEC. 302. AUTHORITY TO PROVIDE SPECIALLY ADAPTED HOUSING TO CERTAIN
DISABLED VETERANS.
The text of section 2101 is amended to read as follows:
``(a) Acquisition of Housing With Special Features.--(1) Subject to
paragraph (3), the Secretary may assist a disabled veteran described in
paragraph (2) in acquiring a suitable housing unit with special
fixtures or movable facilities made necessary by the nature of the
veteran's disability, and necessary land therefor.
``(2) A veteran is described in this paragraph if the veteran is
entitled to compensation under chapter 11 of this title for a permanent
and total service-connected disability that meets any of the following
criteria:
``(A) The disability is due to the loss, or loss of use, of
both lower extremities such as to preclude locomotion without
the aid of braces, crutches, canes, or a wheelchair.
``(B) The disability is due to--
``(i) blindness in both eyes, having only light
perception, plus
``(ii) loss or loss of use of one lower extremity.
``(C) The disability is due to the loss or loss of use of
one lower extremity together with--
``(i) residuals of organic disease or injury; or
``(ii) the loss or loss of use of one upper
extremity,
which so affect the functions of balance or propulsion as to
preclude locomotion without the aid of braces, crutches, canes,
or a wheelchair.
``(D) The disability is due to the loss, or loss of use, of
both upper extremities such as to preclude use of the arms at
or above the elbows.
``(3) The regulations prescribed under subsection (c) shall require
that assistance under paragraph (1) may be provided to a veteran only
if the Secretary finds that--
``(A) it is medically feasible for the veteran to reside in
the proposed housing unit and in the proposed locality;
``(B) the proposed housing unit bears a proper relation to
the veteran's present and anticipated income and expenses; and
``(C) the nature and condition of the proposed housing unit
are such as to be suitable to the veteran's needs for dwelling
purposes.
``(b) Adaptations to Residence of Veteran.--(1) Subject to
paragraph (3), the Secretary shall assist any disabled veteran
described in paragraph (2) (other than a veteran who is eligible for
assistance under subsection (a))--
``(A) in acquiring such adaptations to such veteran's
residence as are determined by the Secretary to be reasonably
necessary because of such disability; or
``(B) in acquiring a residence already adapted with special
features determined by the Secretary to be reasonably necessary
for the veteran because of such disability.
``(2) A veteran is described in this paragraph if the veteran is
entitled to compensation under chapter 11 of this title for a permanent
and total service-connected disability that meets either of the
following criteria:
``(A) The disability is due to blindness in both eyes with
5/200 visual acuity or less.
``(B) The disability includes the anatomical loss or loss
of use of both hands.
``(3) Assistance under paragraph (1) may be provided only to a
veteran who the Secretary determines--
``(A) is residing in and reasonably intends to continue
residing in a residence owned by such veteran or by a member of
such veteran's family; or
``(B) if the veteran's residence is to be constructed or
purchased, will be residing in and reasonably intends to
continue residing in a residence owned by such veteran or by a
member of such veteran's family.
``(c) Regulations.--Assistance under this section shall be provided
in accordance with such regulations as the Secretary may prescribe.''.
SEC. 303. TRANSITIONAL HOUSING AMENDMENTS.
(a) Use of Veteran Volunteers.--Section 2051 is amended by adding
at the end the following new subsection:
``(g) Notwithstanding any other provision of law, a multifamily
transitional housing project that is funded by a loan guaranteed under
this subchapter may accept uncompensated voluntary services performed
by any eligible entity (as that term is defined in section 2011(d) of
this title) in connection with the construction, alteration, or repair
of such project.''.
(b) Authorization for Commercially-Leased Space.--Section
2052(c)(1) is amended by striking ``services'' and inserting
``services, other commercial activities,''.
TITLE IV--MEMORIAL AFFAIRS MATTERS
SEC. 401. ELIGIBILITY OF CERTAIN PERSONS FOR BURIAL IN ARLINGTON
NATIONAL CEMETERY.
(a) In General.--(1) Chapter 24 is amended by adding at the end the
following new section:
``Sec. 2412. Arlington National Cemetery: eligibility of certain
persons for burial
``(a)(1) The remains of a member or former member of a reserve
component of the Armed Forces who at the time of death was under 60
years of age and who, but for age, would have been eligible at the time
of death for retired pay under chapter 1223 of title 10 may be buried
in Arlington National Cemetery on the same basis as the remains of
members of the Armed Forces entitled to retired pay under that chapter.
``(2) The remains of the dependents of a member whose remains are
permitted under paragraph (1) to be buried in Arlington National
Cemetery may be buried in that cemetery on the same basis as dependents
of members of the Armed Forces entitled to retired pay under such
chapter 1223.
``(b)(1) The remains of a member of a reserve component of the
Armed Forces who dies in the line of duty while performing active duty
for training or inactive duty training may be buried in Arlington
National Cemetery on the same basis as the remains of a member of the
Armed Forces who dies while on active duty.
``(2) The remains of the dependents of a member whose remains are
permitted under paragraph (1) to be buried in Arlington National
Cemetery may be buried in that cemetery on the same basis as dependents
of members on active duty.''.
(2) The table of sections at the beginning of chapter 24 is amended
by adding at the end the following new item:
``2412. Arlington National Cemetery: eligibility of certain persons for
burial.''.
(b) Effective Date.--Section 2412 of title 38, United States Code,
as added by subsection (a), shall apply with respect to interments
occurring on or after the date of the enactment of this Act.
SEC. 402. DESIGNATION OF PRISONER OF WAR/MISSING IN ACTION NATIONAL
MEMORIAL, RIVERSIDE NATIONAL CEMETERY, RIVERSIDE,
CALIFORNIA.
(a) Designation.--The memorial to former prisoners of war and
members of the Armed Forces listed as missing in action that is under
construction at Riverside National Cemetery in Riverside, California,
is hereby designated as a Prisoner of War/Missing in Action National
Memorial.
(b) Effect of Designation.--The national memorial designated by
subsection (a) is not a unit of the National Park System, and the
designation of the national memorial shall not be construed to require
Federal funds to be expended for any purpose related to the national
memorial.
TITLE V--MISCELLANEOUS MATTERS
SEC. 501. TECHNICAL AMENDMENTS RELATING TO THE UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS.
(a) Restoration of Prior Provision Relating to Chief Judge.--
Section 7253(d)(1) is amended by inserting after ``(1)'' the following:
``The chief judge of the Court is the head of the Court.''.
(b) Capitalization Amendments.--Section 7253(d)(4)(A) is amended by
striking ``court'' in clauses (i) and (ii) and inserting ``Court''.
(c) Date of Enactment Reference.--Section 7253(h)(4) is amended by
striking ``the date of the enactment of this subsection'' and inserting
``December 27, 2001,''.
SEC. 502. CROSS-REFERENCE AMENDMENTS RELATING TO CONCURRENT PAYMENT OF
RETIRED PAY AND VETERANS' DISABILITY COMPENSATION.
(a) Prohibition Against Duplication of Benefits.--Section
5304(a)(1) is amended by inserting ``as provided in section 1414 of
title 10 or'' after ``Except''.
(b) Waiver of Retired Pay.--Section 5305 is amended by striking
``Any'' in the first sentence and inserting ``Except as provided in
section 1414 of title 10, any''.
Union Calendar No. 334
108th CONGRESS
2d Session
H. R. 1716
[Report No. 108-572, Part I]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve educational
assistance programs of the Department of Veterans Affairs for
apprenticeship or other on-job training, and for other purposes.
_______________________________________________________________________
June 25, 2004
Reported from the Committee on Veterans' Affairs with an amendment
June 25, 2004
Referral to the Committee on Armed Services extended for a period
ending not later than June 25, 2004.
June 25, 2004
Committee on Armed Services discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed